Brett Buckwalter

Brett Buckwalter

Niles, Barton & Wilmer, LLP

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Latest Publications


Employers Achieve Victories in Maryland General Assembly

Maryland employers achieved victories this legislative session with the defeat of several bills that would have harmed businesses of all sizes. It is encouraging that none of these bills made it to the floor of either Chamber...more

4/10/2015 - General Assembly Legislative Agendas Minimum Wage Non-Disclosure Agreement Wage and Hour

Dram Shop Liability Likely Dead For Another Year in Maryland

Business owners achieved a victory in the Maryland legislature this month, as both the House Bill and Senate Bill introduced to establish dram shop liability were given unfavorable reports by legislative committees. Dram shop...more

3/16/2015 - Dram Shop Laws Negligence Premises Liability Restaurant Industry Wine & Alcohol

Court of Appeals Rejects Mandatory Treble Damages Under Wage Payment and Collection Law

Last week, in the case of Peters v. Early Healthcare Giver, Inc., the Court of Appeals had another opportunity to reflect on the Maryland Wage Payment and Collection Law (“WPCL”) and specifically discuss the application of...more

8/19/2014 - Appeals Attorney's Fees Employer Liability Issues Treble Damages Unpaid Overtime Unpaid Wages Wage and Hour Wage Payment and Collection Act Wages

Legislature acts on dog bite liability – Landlords happy. Dog owners? Not so much.

After several failed attempts in prior legislative sessions to take action against the Court of Appeals holding in the 2012 “pit bull” case of Tracey v. Solesky the legislature finally succeeded in passing a new dog bite...more

4/10/2014 - Dog Attacks Dogs Landlords Strict Liability

Emerging Trends in Lawsuits Against Real Estate Professionals

The current real estate market has caused an increase in activity for real estate professionals. With this increase in activity, there has also been an increase in litigation against real estate agents, brokers, appraisers,...more

2/25/2014 - Appraisal Duty of Care FDIC Property Damage Real Estate Market

Insurer Does Not Have a Duty to Defend Insured when Allegations in the Complaint are Intentional, Criminal Conduct Under E&O...

Utica Mutual Ins. Co. v. Amity Ins. Agency, Inc., 84 Mass. App. Ct. 1111; 993 N.E.2d 752 (published in table format in the North Eastern Reporter, not binding precedent) (entered, September 17, 2013). A recent decision...more

10/28/2013 - Breach of Contract Duty to Defend Fraud Negligence Policy Violations

Contributory Negligence Fights Off Extinction Yet Again

Being one of only five States (including the District of Columbia) that still recognizes the affirmative defense of contributory negligence as a complete bar to a tort plaintiff’s recovery in a negligence action, Maryland has...more

7/23/2013 - Contributory Negligence Negligence

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

Traditionally, personal injury claims have generally consisted of a plaintiff seeking damages for expenses and “pain and suffering” relating to physical injuries sustained as a result of an accident. Emotional distress is an...more

4/30/2013 - Car Accident Emotional Distress Damages Emotional Injury Claims Evidence Prejudice PTSD Testimony

Court of Appeals Rules that Title Companies Owe Duty of Care in Tort when Conducting Title Searches

In the case of 100 Investment Limited Partnership v. Columbia Town Center Title Co., the Maryland Court of Appeals was asked to determine whether a title company owed a tort duty of reasonable care to its customer, the...more

2/19/2013 - Appeals Duty of Care Exculpatory Clauses Negligence Nexus Respondeat Superior Reversal Title Companies Title Insurance Title Search

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