Brett Buckwalter

Brett Buckwalter

Niles, Barton & Wilmer, LLP

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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

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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