Maryland Litigation Legal Questions

The online docket will also show the name of the lawyer that issued the subpoena. It is easy enough to call. The Clerk can be mistaken when marking a case "closed." Don't guess, ask a direct question and get a direct answer.  And nobody on this website will give you a definite answer without reading the actual subpoena, a review of the online docket, and perhaps a call to the issuing lawyer.... Read More

You can always sue anyone for anything, but the question will be whether the manager was acting withihn the scope of his employment when he punched your son.  If so, his employer (which may or may not be the restaurant chain; it could be the individual restaurant) would be liable to your son for any damages caused by its employee's wrongful conduct (assuming that a judge/jury agrees that the manager's conduct was not justified).  If the manager was not an employee of the chain, your son would have a much more difficult time holding the chain responsible for the manager's actions, although it is still possible that the chain could have had something to do with the manager's hiring or training which was arguably improper and contributed to causing the incident.... Read More

Whether he has a case depends on whether he is willing to commit perjury, and what proof you have that the damages to other areas of the car were not caused by you.  If you have no proof (like photographs showing the car in a damaged condition before you attacked the car), then it will be his word against yours.... Read More

Interrogatories are questions which you propound to the other party to get information from them. They are usually in the format of a question, which the other party will reply to. If you search the internet, you can find numerous samples.   Here are some examples (I do not attest to the completeness, accuracy or content of these - they are simply samples so you can see the format to use):  http://maryland-injury-law-advisor.com/interrogatories/sample-interrogatories/; http://peeples-law.com/civil-litigation-101-maryland-sample-personal-injury-interrogatories/.  I hope this helps.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.   ... Read More

Your question about acting as a temporary employee raises a number of important issues that may be of broad general interest to readers of this site. You phrase the question as your expectation of being hired by a "locum tenens" company. In short, we are discussing a temporary placement agency for, among others, professionals. Since you indicate that you are covered by their malpractice insurance, I am assuming for this general response that you are in a profession such as medicine, law or accounting. Many professional codes, such as for doctors or lawyers, require that the professional remain personally liable to his or her clients for professional malpractice. Setting up an entity that would protect the professional from a professional malpractice claim could then be a basis for their regulatory body to strip them of their professional licensure. One of the types of legal entities in Maryland is the professional corporation. Unlike "regular" coprorations, for example,  a professional corporation generally allows the injured client to file a suit directly against the professional who may have caused the harm. Why then does a professional in an organization set up his or her own professional corporation? In some circumstances, the professional corporation can shield the professional from the negligence or intentional wrongful acts caused to the client by others in the business entity. A professional corporation could then shield the temporary placement professional from at least some acts of professional negligence by other professionals in the practice at which the professional has temporarily been placed. Professional corporations, as with other corporations, are as limited in value as the time and attention placed in maintaining them. The process of "piercing the corporate veil" describes a set of circumstances where courts will ignore a corporate shell, such as where the shreholder has ignored coprorate formalities or commingled assets, etc. That is a whole separate topic.  Of course, there are other factors that can also intervene that would alter the above. 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

Your question about arbitration may be of broad general interest to readers of this site. I have been representing clients on both sides of construction issues in Maryland and D.C. for over 20 years. Arbitration is generally favored in Maryland cases. Matters that are subject to arbitration agreements can be subject both to a Maryland arbitration act and a federal arbitration act. One or the other act, or both, could govern an appeal of your arbitration decision. Commonly, after parties agree to arbitration and commence arbitration with an arbitration company, they also enter into an agreement with that arbitration company on the nature of appeals of arbitration awards. Therefore, the terms of the arbitration agreement with the other side and the terms of the agreement with the arbitration company also can influence any appeal. The agreements can provide for just a monetary number, with no reasoning. They can provide a “reasoned award”, with some analysis. The parties can have agreed to record or transcribe the proceedings or not. Not recording/transcribing the proceedings saves money but gives no record to a reviewing court as to any facts put into the record. You could have put in compelling testimony, but if there is no record of it, no appeals court can see it. There is very limited time to file an appeal from an arbitration award. Generally, the Maryland cases indicate that they want to support the process of arbitration because it frees the trial courts from having to hear those cases. So, generally, the appeals to state or federal court can be quite limited, such as only for gross misapplication of Maryland law. Even if there is a record, the court may well leave fact determinations to the arbitrator. So, even if you have good experts, the court may not look to whether your experts were “better” than the other side’s. 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

We often hear terms like "reverse discrimination."  Discrimination is discrimination.  The law prohibits any employer from treating any employee less favorably than other employees due to their race - whatever that race happens to be.  If you believe you have been the victim of employment discrimination due to your race, you should contact your state Human Rights Commission or Civil Rights Commission, or the Equal Employment Opportunity Commission office nearest you.... Read More