Maryland Business Litigation Legal Questions

You can sue the company for breach of contract.  Since the claim arises out of services the company contracted for to be performed in Oregon, the Oregon courts should be able to exercise jurisdiction over it.  However, you probably can't sue in small claims because (a) the limits of most small claims courts are less than $10,000; and (b) many small claims courts are not empowerted to hear claims involving out of state residents.... Read More

Assuming you have no contract which limits your right to compete, and you were not an owner of your former employer, you can contact past and present clients, or compete in any other lawful way you see fit, EXCEPT that you may not use your former employer's trade secrets to do so.  In some cases, a customer list could be considered a trade secret, but if customer names are readily ascertainable from available information (usually including your unaided memory), they would not be a trade secret.... Read More

I regularly assist businesspeople in disputes over the control of their business when one partner/member/etc. wants to leave the business.  Were this to go to court, in the absence of an operating or partnership agreement, the court would look at all documents, emails, correspondence, course of dealing, etc. to determine the true nature of your business relationship.  Without seeing those documents, it is hard to predict what a court would do or to say what your "partner" would be entitled to. I am working with a client on a similar matter and we are going over everything so he can preserve control of the company he built in the face of a challenge to a "partner" who did very little and who is seeking to take the company from him.  It sounds like you are in a similar situation.  If you would like to discuss further, please do not hesitate to reach out to me:  301.654.6570 or stm@morrisesq.com.  I'd be happy to share my thoughts from that case and see if anything applies to your case. Yours, Sean... Read More

You can bring a wage and hour claim under state law or a fair labor standards act claim under federal law.  Either way, you can get the back pay paid to you (often plus attorney's fees and some multiple of the amount wrongfully not paid to you).  This is very common in the restaurant business, which is an industry that I focus on in my practice.  I have worked with both restaurants and employees in such matters.  Feel free to contact me (301.654.6570 or stm@morrisesq.com) if you have any further questions. Yours, Sean Morris  ... Read More

In the United States, in almost all  cases the parties pay their own attorneys' fees, win or lose.  Although this may be unfair in many cases, and I'm sure gives you no comfort, the idea is that no "little guy" will ever dare to sue someone with deep pockets, even if they have a good claim (no claim is a slam dunk) if they know they will have to pay the big guy's legal fees if they lose.   For example, if you were to sue some chemical company for dumping hazardous waste in your backyard, you would be very cautious before you risked losing millions in attorneys fees by suing them. There are some exceptions.  Some contracts provide that, in any suit relating to the contract, the prevailing party will be able to recover its reasonable attorneys fees from the loser.  Some statutes provide that, in any suit for violation of the statute, the prevailing party can collect its legal fees from the loser.  I assume that neither of these situations applies to you. There can also be an exception where someone brings a frivolous claim.  In rare cases a court can sanction the party for its frivolous conduct by ordering it to pay all or some part of the other party's attorneys' fees.  However, the Court did not do so in your action. As a last resort, you may be able to sue for malicous prosecution.  This is a very difficult claim to prove.  Basically, you would have to prove that the other party had no basis whatsoever for its suit, had no motive to due you other than malice, and that you won.  It would be very difficult to win, and you would still  have to pay a lawyer to represent you (if it is you individually that has been damaged, as opposed to your corporation or other legal entity, like an llc, you could do it yourself) which fees you could not recover, so it almost certainly is not worth it. ... Read More

To begin with, the car is yours and you are stuck with it. If there is a defect in the car that was NOT present when you bought it, then you may have a claim against one of the shops that worked on it. If you cannot prove that one of the shops damaged the vehicle, then you have a problem. The legal system unfortunately does not provide a remedy for every kind of product defect.... Read More

The civil justice system exists for the purpose of providing remedies to injured plaintiffs, not to uninjured ones. The essence of valuing a personal injury claim is evaluating the pain and suffering sustained by the plaintiff and restoring his lost wages and other lost non-economic injuries. Those elements of damages are all absent here. The customer will find it impossible, or at least extremely difficult, to find an attorney who is willing to represent him. If and when he actually sues, tender the defense of the claim to your insurance company. This is exactly why you have insurance. My guess is that he will never sue.... Read More

"Interim" clearances are frequently denied for seemingly frivolous reasons. There has been a fair amount of litigation in the past over denied security clearances. To make a long story very short, the courts will not second-guess the Department of Defense when it comes to granting or withholding clearances. If your circumstances have changed or are not properly appreciated by DoD, you should go back to them and re-apply. You have a much better chance of success with a permanent clearance application. See, http://www.clearancejobs.com/cleared-news/133/mental-health-and-interim-security-clearances.... Read More