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Attorney Blogs in Ellicott City, MD

Welcome to our new attorney blog page. This area is intended to be used as a basic reference area. Content discussed in this area will be broad information on various subjects to help you understand a particular topic or question. It is not intended to be used as legal counsel but as a helpful reference so that you may gain some insight into particular areas of the law.

Latest Articles

In Divorce Cases Pensions Must be Valued As Martial Property In Maryland Unless an if, as and When Distriburion is Agreed Upon

DFields@fishbeinpa.com,   Family Law   Leave a Comment

In Maryland it has long been the law that pensions are marital property unless they pre-date the marriage. In most cases the parties agree upon an if, as and when distribution meaning that the portion of the pension earned by the non-receiving spouse will be distributed when the spouse receiving the benefits receives his or  … Read more

In Opioid Caused Death, in Order For the State to Prove Iinvoluntary Manslaughter, the State Must Prove Beyond a Reasonable Doubt the Existence of a Casual Nexus Between the Defendant’s Act and the Victim’s Death

DFields@fishbeinpa.com,   Criminal Law   Leave a Comment

In an Opinion released on April 4, 2018 the Court of Special Appeals in Patrick Joseph Thomas v State of Maryland held that as a result of the current opioid epidemic wherein some state’s attorneys have charged the sellers of heroin and other dangerous drugs with homicide crimes when a buyer dies from an overdose  … Read more

Contractor Liability for Damage to Personal Property Within Structure Being Repaired

OTM Marketing,   Construction   Leave a Comment

The Court of Special Appeals on June 30, 2015 issued an opinion in Cash & Carry America, Inc. v. Roof Solutions, Inc. that addresses the issue of whether a contractor doing work on a residence is responsible for damage to personal property contained within the house on tort principals if the contractor was negligent. In  … Read more

Adult host liability for injuries caused to a third person by an under age person drinking of alcohol on the host’s property

DFields@fishbeinpa.com,   Criminal Law   Leave a Comment

The Maryland Court of Appeals in two recent cases Kiriakos vs..Phillips and Dankos vs. Stapf released on July 5, 2016 held that an adult who knowingly and willfully allows underage drinking by persons under 21 in the adults home can create liability . for the host if the underaged driver subsequently injures another person with  … Read more

Grandparents Visitation

DFields@fishbeinpa.com,   Family Law, Uncategorized   Leave a Comment

In a recent unreported case the Court of Special Appeals in Luckhardt v. Coleman, No. 2149 Sept Term 2015 released June 12, 2016 addressed the issue of under what circumstances grandparents are entitled to a Court Order for visitation with their grandchildren.  The history of the case is that both parents had significant personal issues  … Read more

What Is A “CAP” On Damages

DFields@fishbeinpa.com,   Medical Malpractice   Leave a Comment

When a person suffers an injury, whether from an automobile accident, medical negligence of some other injury caused by another person, they can be awarded monetary damages for their past medical expenses, past lost wages, future medical expenses and costs of care, and future lost wages. An injured individual can also be awarded damages for  … Read more

Search of Car Following an Arrest

DFields@fishbeinpa.com,   Carfollowing   Leave a Comment

The Maryland Court of Appeals in Efrain v. State of Maryland in an opinion issued on May 23, 2016 clarified the right of a police officer to search a vehicle after a person has been arrested. If the officer can articulate “a reasonable suspicion” that there may be evidence to support a crime to justify  … Read more