As a result of the American’s With Disabilities Act (ADA) and related laws adopted by the States and many counties, the Courts are frequently called upon to decide cases involving claims of discrimination as the alleged result of a disability. Such cases involve balancing the rights of individuals with those of the public at large as well as businesses to …
Lemon Law Burden of Proof
Maryland for some years has had a statute called the Maryland Automotive Warranty Enforcement Act, known as the Lemon Law. It is designed to provide additional relief to consumers, when repeated efforts to repair a defect fail. Maryland’s intermediate appellate court last week explained just what a consumer needs to prove in an automotive defect claim, in the case of …
Liquor Laws
The Supreme Court recently made news by ruling in a 5-4 decision that State laws banning mail or internet wine sales from out of state (but not local) wineries were unconstitutional. In several related cases, the Court held that the 21st amendment to the U.S. Constitution, which ended Prohibition and gave the States control over the sale of alcoholic beverages, …
Loss of Chance of Survival
Claims for injury or death from medical malpractice are perhaps an all too frequent part of the caseload handled by the Maryland courts. When a cancer patient passes away, complex medical and legal issues are often involved. Maryland’s intermediate appellate court addressed one of those issues, the loss of chance of survival, last week in the case of Marcantorio v. …