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Opinion Digests

Contract – Lease – Waiver Of Arrearage – Writing (access required)

Although the landlord may have accepted lesser amounts of rent from defendant, case law and the contract itself indicate that this acceptance did not constitute a waiver of rent arrearages in light of the contractual requirement that any modifications be ...

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Commercial – Debt Under Note – Consent Judgment – Necessary Endorsement (access required)

Where the motion for judgment filed by plaintiff “Warren W. Taylor Jr.” alleges a debt under a note payable to “Warren W. Taylor Jr., Trustee,” and plaintiff’s demand letter reflects a debt due to “W.T. Enterprises Inc., Profit-Sharing Trust,” and ...

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Employment – At-Will Doctrine – Breach Of Contract – Fraud (access required)

Although defendant employer contends plaintiff cannot maintain his breach of contract and fraud claims because his employment was at-will, the circuit court concludes that plaintiff has alleged facts sufficient to allow it to pursue these claims under Sea-Land Service Inc. ...

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Negligence – Bicycle-Bus Accident – Proper Lookout (access required)

Where the city bus driver testified that he did not look into his right-hand side mirror prior to moving right into another lane of traffic, there was sufficient evidence for the jury to find for plaintiff bicycle rider on the ...

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Civil Rights – Section 1988 – Attorney's Fees – Settlement Offer – Race Discrimination (access required)

Where plaintiffs sued a motel for race discrimination, and the motel orally offered to settle a complaint before a county commission before plaintiffs filed a federal suit, the district court erred in limiting plaintiffs’ attorney’s fees to the date of ...

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Civil Rights – Child Abuse Investigation – State Record Maintenance – Qualified Immunity (access required)

Where Maryland state officials maintained records pertaining to a suspected child abuse investigation after the alleged abusers, were cleared by the Department of Social Services, the maintenance of these records during the five years prior to their expungement by statutory ...

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Civil Rights – Attorney's Fees – Prevailing Party – Catalyst Theory (access required)

Where the district court awarded plaintiff attorney’s fees under 42 U.S.C. § 1983, despite his having lost his suit to enforce an earlier civil rights settlement with the city, on the ground that his enforcement suit was a “catalyst” for ...

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Criminal – Substitution Of Counsel – Timely Pre-trial Request (access required)

Where defendant, one month before her drug trial, requested that the trial court dismiss the lawyer her family had retained and appoint substitute counsel for her, the trial court abused its discretion in refusing to appoint new counsel for defendant ...

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