Maryland Civil Litigation Legal Questions

Probably not.  First, if you look at your contract, you will probably find a limitation of liability provision, something along hte lines of the maximum liaiblity to which the storage facility can be subject is a refund of your storage fee.  These clauses are generally enforceable (at least in NY, it might be different in Maryland) absent gross negligence or recklessness.  I don't thinik that cutting the wrong key rises to the level of gross negligence or recklessness, but that is debatable. Also, the general rule is that parties who breach a contract are not liabile for consequential damages unless thery had reason to know that their breach would likely lead to those consequences.  The damages your describiing - additional costs incurred not directly from the breach (like the cost of a new lock, for example) but arising out of the particular circumstances of your case, are consequential and in my opinion (again arguable) are not reasonably foreseeable.   Bottom line is that i don't think you'd succeed in holding the storage facility liable for all of your damages (especially if there is a limitation of liability provision in your contract), but it might be a shot worth taking; at the least, they might offer something to settle and avoid the costs of litigation and the bad publicity.... Read More

It's not clear to me whether your transaction was an investment (where you have no guarantee of being repaid but share in any growth of the business) or a loan (where you have a right to be repaid but don't share in the ups or downs of the business( or some combination of both.  However, whatever your agreement was, if you feel that the other side has not lived up to their obligtations you would sue them for breach of contract.... Read More

The order doesn't matter as long as the person can be identified.  In other words, unless you are claiming (a) that you were speaking aobut another person not the person who is suing you; or (b) that nobody would have realized that you were speaking about the person suing you because you used the name in a different order, it doesn't matter.  The good news is that truth is an absolute defense to any defamation claim.  Moreover, if your statements were given in the context of a lawsuit, I believe (assuming that Maryland law is like New York's in this regard) that they would be privileged.... Read More

If you have a question, it is not apparent from what you have written. In fact, what has occurred is not clearly enough explained to thoughtfully respond to a question were one evident. Perhaps you can try your question again by writing the circumstances giving rise to your question and in doing so assume no one knows anything about yor issue. Perhaps state the who, what, where, when, why and how of your grievance. The question will be more understandable. ... Read More

File under the corporate name by which they are registered in the state of their formation. In the case of a corporation formed in Maryland or qualified to transact business in Maryland, the necessary information of the proper corporate name and on whom to serve process can be obtained from the Department of Assessments and Taxation (SDAT).... Read More

From time to time, courts misplace documents, some important ones, as in your case. The attorney may not have received the document which you think was served upon him or her by U.S. mail. But, you say that you have receipts. Unless you sent the attorney a copy of the document, return receipt requested, I am uncertain what "receipts" you refer to as evidence of service upon the attorney. Knowing what you can or should do next involves knowing what is the current status of the case. Since the court has located your opposition, is the matter now set for trial? Is the attorney claiming non receipt asking for some kind of delay or other relief? To anwer your question of what to do next the status of the case is of singular importance. If you do not know the status, then check with the clerk of the court, preferably in person.... Read More

Civil and criminal proceedings are independent of each other.  Whether or not the local prosecutor decides to bring criminal charges against the teacher makes no legal difference to whether or not you choose to sue the teacher or the school, although obviusly it would help your position if the prosecutor did bring criminal charges.  You may have a claim against the church for assault, battery, and intentional infliction of emotional distress, contending that its employee was {arguably} acting within the scope of his employment when he struck the student, and the church is therefore liable for the teacher's actions.  You may also have a claim against the school for negligence, but I saw nothing in your email to indicate that the church was negligent.  Are you contending that there was something in the teacher's past history that should have tipped the church off and it was therefore negligent in hiring him?  Or in some way negligent for not having more security or supervisory personnel there to protect the students better? There is also a question of the amount of damages you can recover.  You haven't mentioned any monetary damages the child or his family suffered and, while you may not need any monetary damages to sustain the intentional tort claims, you probably (I say probably because Maryland law may be slightly different than where I practice) will need to show monetary damage to sustain a claim for negligence.... Read More

The general form of third party action is when a defendant sues someone else, not the plaintiff, in the same action.  For example, if there is a three car accident, and motorist A sues motorist B, claiming that motorist B was negligent.  Motorist B may assert a claim against motorist C alleging that the accident was motorist C's fault.  Another example, A loans money to B, guaranteed by C.  B defaults on payment, but A only sues C, the guarantor, because B is his friend.  C can assert a third party claim against B to be reimbursed for any money he has to pay to A.  Another - Patient A sues surgeon B because, A alleges, B's malpractice caused A to have a post-operative infection.  B thinks that C, the manufacturer of the sterilizing equipment used on the surgical equipment, because, B claims, it was defective and didn't sterilize the instruments correctly.  B therefore asserts a third party claim against C to be reimbursed for all, or part, of what he/she has to pay A.... Read More

Your husband should not prevail if you are adequately represented.  As a Baltimore, MD family law attorney, I am familiar with this issue.  The money is marital property, and belongs to both of you.  While he may be your estranged husband, he is still your husband, and up until the day of a divorce decree, any money in his possession is marital property, and vice versa.  As a result, his only recourse is to seek an equitable distribution of whatever property remains at the time of a divorce hearing. If you want to make sure your rights are protected in this matter, or in your divorce generally, feel free to contact my firm.  I can help.... Read More

You are not liable on checks on which someone else forged your signature.  If your bank paid out on such checks, you have a claim to recover that money. However, assuming you suffered losses from the forgery, you can sue your ex in small claims court, but not for $44,000.  I don't know what the jurisdictional limit is for Maryland small claims courts, but the limit for NY small claims courts is $6,000, so it is probably a similar limit in MD.  You may be able to sue separately for each check, and thereby bring each suit within the jurisdictional limit of the Court, but that would be a hassle, and potentially require you to go to small claims court many, many times.  You would probably be better off just suing in the Court of general jurisdiction.... Read More

Can you be sued successfully in a state other then where you reside?  Yes.  It happens every day.  Assuming that you are eventually served, the question would be whether you had sufficient contacts with Maryland so that its courts could exercise jurisdiciton over you without violating the Constitution.  If you previously worked in Maryland, and this suit arises out of your employment relationship with a Maryland business and/or work you performed in Maryland for that business, the answer is probably yes (also, if the suit arises from a contract between you and the Maryland company, it is very possible that you agreed in the contract that any suit relating to it could be brought in Maryland.)  You could move to dismiss on the basis of an inconvenient forum, but that would be difficult to win unless all the witnesses reside in Indiana.  You may be able to defend the suit without personally having to appear in Court, just sending your attorney, but the likelihood is that you will have to appear in Maryland at least once, probably more.... Read More

In some jurisdictions, you don't have to be admitted to represent someone in small claims court.  I don't know if this is true in Maryland or not.  Assuming that the person was required to be admitted to practice in Maryland, he could get into a lot of trouble with the disciplinary committee if it found out about his transgression, but I don't see how it would get your case reinstated.  The dismissal was not based on who prepared the motion papers, but on what they said.  If this person had prepared the same papers and had his client sign them and submit them pro se, or had a Maryland attorney sign and submit them, the result would have been the same.... Read More

Assuming that this person has no assets or income coming from Maryland, you will need to get the judgment "domesticated" in Pennsylvania.  Unless the original judgment was on default, this should not present a problem, although you may need to hire a Pennsylvania attorney.  Once that is done, you should be able to (a) get information from the debtor about his/her assets and income; (b) sell his/her assets to satisfy the judgment; and/or (c) garnish any monies coming to the debtor (wages, bank accounts, stock dividends, etc.) to satisfy the judgment.  Again, it will probably be much easier if you engage a Pennsylvania attorney to help, but, since you already have a judgment, you should be able to find an attorney who will handle the matter on a contingency, i.e. you would not have to advance fees (but may have to advance fees), and -his/her pay would be a percentage of what you recover.... Read More

I assume that you mean the other party's settlement offer, and not your own (since I don't see how an offer you made would be relevant).  Generally, settlement offers are not admissible, but small claims courts are generally more lax about the rules of evidence, and might allow it.  It probably depends on your judge.... Read More

Yes you can.  No question.  McDonalds is responsible for their employees' actions carried out during the course of their employment.  Your best recourse (and best chance for a monetary recovery) are to bring suit against McDonald's.  Good luck.   Yours, Sean  ... Read More

Your question is fairly abstract. Normally, when a person gives his word, the deal is made' even if nothing is signed -- only a very small subset of the contracts that are made are required to be in writing. Often, as attorneys, we give our word on behalf of a client who has told us that terms will be acceptable. If the client backs out, it is problematic since the legal system depends on lawyers being able to rely on statements made by other lawyers.... Read More

  Your question about your "friend" who is not paying you back may be of broad general interest to readers of this site. I have been representing clients on these issues in Maryland and D.C. for over 20 years. Carpenters faced with a problem are said to want to bring out their construction tools. Lawyers faced with someone not paying back their loans are going to tell you to file suit. That may be the only answer here. Of course, you can see whether a lawyer's demand letter gets her to see that you are not just "asking"; but you have gone a step further and that they lawyer may go the next step to court. You can also see whether a mutual friend or friends can meet with both of you to discuss the issue. Any time you discuss this situation with a third party, you risk giving the borrower a chance to sue you with a claim that you :defamed" her. Then, you might settle with her just to get rid of her defamation suit. As a general rule, what you say about someone in a lawsuit filed in a regular court is protected from claims of defamation. If you then write about that lawsuit on Twitter or Facebook, etc., those postings are not protected and can be the source of defamation litigation. Your question notes that she has refused "repeatedly" to pay you. It sounds like a demand letter alone won't work and that you will need to be prepared to go to court. While it would be better to have a written contract, it is good that you have a witness and supporting documentation. Make sure to have backup copies of that documentation and go see a lawyer right away. Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues. This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation. This web site and the responses herein, including this response, are designed for general information only. The information presented at this site should not be construed to be and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More