by

Whether a couple is married has so many social and legal implications.  So whether Maryland recognizes common-law marriage is an important and sometimes complex question.

Does Maryland Law Recognize Common Law Marriages?

Maryland law does not recognize common-law marriages. Only ten states and the District of Columbia still recognize common-law marriages.

But, and this is the key, if a valid common-law marriage has been created in a jurisdiction that recognizes common-law marriages, the marriage is valid in Maryland.

Continue reading

by

Hair relaxer lawsuits are a type of product liability lawsuit that alleges that hair relaxer products caused cancer or other health problems. Hair relaxers are chemical products that are used to straighten curly hair. They contain a number of harsh chemicals, including lye, which can be irritating to the skin and eyes. Some studies have linked hair relaxer use to an increased risk of cancer, including uterine cancer, ovarian cancer, and breast cancer.

Sister Study in October 2022

The first hair relaxer lawsuit was filed in 2017.  The litigation did not go far. That changed in October 2022. The Journal of the National Cancer Institute revealed a new study indicating a heightened risk of uterine cancer in women who frequently use chemical hair straighteners or relaxers. This was no small-time study done by small-time researchers.  The research was undertaken by specialists from the National Institutes of Health (NIH) and analyzed data from over 33,000 women participating in the extensive, long-term study focused on women’s health. It is called the “Sister Study.”

Continue reading

by

A proffer agreement, sometimes referred to as a “queen for a day” letter, is a written agreement between federal prosecutors and individuals under criminal investigation which permits these individuals to give the government information about crimes with some protection against prosecution.

Before concluding a cooperation agreement or bestowing immunity upon a criminal defendant, federal prosecutors typically necessitate that the individual “proffers” or presents the details that they will offer in return for more lenient treatment. According to Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(f), declarations made during plea negotiations with the government are, in most instances, not permissible as evidence.

Proffer agreements outline the rights and responsibilities of involved parties, including the prosecution’s right to utilize the defendant’s declarations or the defendant’s duty to maintain honesty. While these agreements can serve as safeguards for the defendant’s rights, they can also provide the prosecution with an upper hand they always have during plea negotiations.

Continue reading

by

This post was originally written in 2008.  So this post is a mismath of different information from 2008-2023

Let’s see where we are now with attorney salaries and, specifically, first-year starting salaries for new lawyers in the Baltimore area. Keep in mind so much of this is based on conjecture and rumor, so you have to take it all with a few ounces of salt.

May 2023 Statistics

Continue reading

by

A new lawsuit challenging the constitutionality of the Maryland Firearm Safety Act of 2013 underscores the continued tension between those seeking greater regulation of firearms and those advocating for the protection of individual Second Amendment rights.  In 2023, as states like Maryland continue to grapple with issues such as permit requirements, background checks, and restrictions on certain types of firearms, legal challenges to these measures continue to wage.  Gun rights proponents see new daylight in an increasingly conservative U.S. Supreme Court.

Maryland defended the Maryland Firearm Safety Act of 2013 before a skeptical 4th Circuit.

We also have commentary below on the new opinion in a different Maryland Shall Issue lawsuit against Montgomery County from May 2023.

Continue reading

by
Sexual abuse and assault victims can seek justice and financial compensation through civil lawsuits against their abusers and other third parties, such as schools, churches, or organizations that may have negligently allowed or failed to prevent the abuse.
Historically, victims of sexual assault and abuse have had limited access to the civil justice system because of laws limiting their ability to file sex abuse lawsuits.  But we are entering a new era on the path to justice for sexual assault victims.  Recent legislation in Maryland has made it easier for childhood sexual abuse victims to bring civil lawsuits, even if the abuse happened decades ago.

In this article, we delve deeper into the process of filing a civil lawsuit for sexual abuse in Maryland, discussing relevant laws and examining the average settlement value of these cases.

Continue reading

by

The Maryland Appellate Court issued an unreported opinion in a gun conviction case.  The appeal is really a reach and the court quickly pushed back the appellant’s arguments.

Facts of Jackson v. State

Mr. Jackson, the appellant, was convicted in the Circuit Court for Baltimore City on multiple counts related to illegal possession of a regulated firearm, wearing and transporting a handgun, illegal possession of ammunition, resisting arrest, and driving without a license. Jackson raised two questions for the court to review: whether the trial court erred when it allowed Sergeant Kostoplis to testify about the duties of his current job position, and if the trial court committed plain error when it allowed the prosecutor to discuss facts not in evidence during his rebuttal closing argument. The court found no error and affirmed the convictions.

Continue reading

by

You don’t see many Maryland slip-and-fall cases in U.S. District Court.  But Bardroff v. Sanexen Water is the rare slip and fall that found its way to federal court. Last week, Federal Magistrate Judge J. Mark Coulson had an opportunity to rule on a slip-and-fall motion in such a case.

Facts of Bardroff v. Sanexen Water

Sanexen Water began working on the water system on Matthews Drive in Harford County where the plaintiff lived. It was a big job.  Temporary water pipes were placed along the entire length of Matthews Drive, and door hangers were placed on residents’ doors, warning them to be careful around the temporary water network. Plaintiff Bardroff interpreted this warning as an instruction for residents to avoid damaging the temporary water network.

Continue reading

by

The Maryland Daily Record had an article yesterday about the Federal Trade Commission (FTC)  proposed rule to ban noncompete agreements. The rule would make noncompete agreements illegal for employers and void for employees.

Covenants not to compete, also known as non-compete agreements, are contracts between employers and employees in Maryland that prevent employees from competing with their employers for a specific period of time after termination of employment. These agreements are meant to protect the employer’s business interests, trade secrets, and confidential information.

Let’s look at Maryland covenant not to compete law and the key Maryland cases dealing with covenants not to compete.

Continue reading

by

In Maryland, certain circumstances can lead to a minor being tried as an adult.  The Maryland Appellate Court looked yesterday at a Hartford County case involving a minor between 14-18 and the analysis that goes into whether to try a minor as an adult.

Criminal proceedings involving minors require tough, sometimes impossible, decisions. The justice system aims to balance rehabilitation and punishment, but that is a tricky balance sometimes.  In this case, the minor sought to have the cases transferred to the juvenile court, arguing that it would be in the child’s and society’s best interest. However, the circuit court ultimately denied the motion, raising questions about the burden of proof and the decision to keep the cases in the adult court.

Facts of Rohrbaugh v. State

Continue reading