October 2015 Archives

Temporary Custody and Guardianship Issues

We are often asked by clients to draw up a document appointing a temporary guardian for their children. Unfortunately, the only document which is provided for under the Maryland Code is a document which appoints a standby guardian for six months in the event a physician determines the parent is mentally incapacitated or physically debilitated. If you know you are going to need a temporary guardian, give us as much notice as possible so we can seek appointment of a temporary guardian or a temporary custodian. 

Bankruptcy Filer Without Attorney Unsuccessful in Completely Avoiding Lien

Terren Curtis thought he was smart enough to act as his own attorney in a bankruptcy case. Admittedly he was pretty smart; smart enough to appeal a bankruptcy court decision to the U.S. District Court. Unfortunately, he still lost his appeal. Mr. Curtis simply did not have the ability to properly prepare a Motion to Avoid a Judicial Lien. As a result, he ran out of chances to fix what he filed and was unable to avoid the proper amount of the lien. As a result, it remained attached to his real property. Mr. Curtis' case is just one example of how hiring an experienced bankruptcy lawyer to handle your bankruptcy case is a wise investment. 

Pedestrian Injuries

In Maryland, striking a pedestrian walking in a crosswalk is a serious crime which can result in a fine of $500 or imprisonment for 2 months. A violation of a statute such as the one requiring an automobile to yield the right of way is also prima facie evidence of negligence. However, since Maryland has adopted the doctrine of contributory negligence, all pedestrians may need to continue to watch carefully before crossing the street to recover on a personal injury claim. As many of us who walk places know, there are many drivers who remain clueless about pedestrian crosswalk markings. These inconsiderate drivers not only speed through crosswalks, they lay on their horns demanding that pedestrians get out of their way. Be careful out there! 

No Copyright Protection for House Plans

In the case of Sari v. America's Home Place, Inc., which was decided by Judge Gerald Lee in the United States District Court for the Eastern District of Virginia, a homeowner copyrighted the plans which were used to build a new home. When the builder built another home that the homeowner believed was similar to his, the homeowner sued the builder for copyright infringement. The court not only found there was no infringement, it awarded counsel fees to the builder.

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Frederick Office
170 West Patrick Street
Frederick, Maryland 21701

Phone: 301-732-7675
Phone: 301-668-5111
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Silver Spring, Maryland 20906

Phone: 301-732-7675
Phone: 240-833-2284
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Upper Marlboro, Maryland 20772

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Phone: 301-736-5432
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