The Maryland Constitution dictates that “The Legal Rate of Interest shall be Six per cent. per annum; unless otherwise provided by the General Assembly.” Md. Const. art. III, § 57. The General Assembly took the liberty granted to it by the Maryland Constitution and determined that…
Throughout Maryland many homeowners are involved with or somehow associated with a homeowners association (“HOA”) which requires the payment of dues to upkeep the neighborhood. Many homeowners default on that obligation and the HOA is forced to collect those back dues. Fortunately, the HOA is left with multiple options to collect those dues and a favorable 12-year statute of limitations, as explained in more detail below.
Many creditors, as common practice, docket their district court judgments in the corresponding circuit court and in the circuit courts of other counties to secure liens on the real property of debtors. Although a creditor may choose not to foreclose on the real property, generally the debtor will refinance his mortgage or sell his property, requiring the debtor to pay off the judgment to clear the title. Also, occasionally, debtors die with the lien in place.
One option for collecting on a judgment in Maryland is to levy on the debtor’s personal property and, if necessary, forcing the sale of the debtor’s personal property. Generally the most expensive personal property a debtor owns is his vehicle, so this post will focus on levying on a debtor’s vehicle.
The Maryland Court of Appeals recently addressed a Joint Motion to Certify a Question of Law” from the United States District Court for the District of Maryland, addressing the following question:Is the legal rate of post-judgment interest on a judgment awarded in a breach of contract action
The Court of Appeals of Maryland requires in personam service of process on a defendant to initiate a civil action. Unlike Maryland’s neighbor to the south, Virginia, which allows for posting and mailing of the complaint and supporting documentation at the defendant’s residence to effect process (known colloquially as “nail and mail”), Maryland generally requires service on the defendant himself or on someone living with that person of suitable age and discretion.
On May 16, 2016 the Supreme Court of the United States handed down the opinion for Spokeo, Inc. v. Robins, No. 13-1339, a case addressing the constitutional requirement of “standing” – the floor requirement for a plaintiff to file a claim in federal court.
The Lanham Act is a broad piece of federal legislation that regulates trademark registrations. Reduced to its basic functions regarding registration, the Lanham Act basically dictates that the United States Patent and Trademark Office (USPTO) must approve trademarks for registration if they don’t cause confusion with other trademarks and are distinctive enough to be associated with one single brand, among other nuanced technical requirements.
Trade secrets are vital. As a business owner, chances are, you own some sort of trade secret that gives your business an advantage over competitors. Whether it’s a manufacturing process, a secret recipe, a piece of computer code, a chemical formula, or any other proprietary information, the secret adds value to your business and it must be protected.
On May 16, 2016 the Supreme Court of the United States handed down the opinion for Spokeo, Inc. v. Robins, No. 13-1339, a case addressing the constitutional requirement of “standing,” – the floor requirement for a plaintiff to file a claim in federal court. The Court held that plaintiffs can’t rely merely on a statutory violation to establish standing; there must be some injury in fact. Unfortunately, the Court did not address whether the facts of the case satisfied the injury in fact requirement to meet the standing threshold. The court, however, provided guidelines to future litigants on what constitutes injury in fact. Although this sounds academic, this case has many real-world implications for many businesses.