On May 27, 2014, in State v. Hailes,the Maryland Court of Special Appeals made important rulings regarding several evidentiary issues. The Hailes court held that a “hard blink” can be a statement, that a “Dying Declaration” does not require actual imminent death, only a belief of imminent death, and that the Confrontation Clause of the Sixth Amendment does not suppress a dying declaration.
Blog Archive: May 2014
Dowries In the Modern Age: What Happens to an Islamic Mahr, Mehrieh, Mehr, or Dowry, During a Maryland Divorce: Part 2
In my previous post I talked about the Islamic concept of Mehr, Mehrieh or Dowry. This post will discuss how Maryland Courts may address the issue of Mehr or Mehrieh when an Iranian family, married in Iran, and now living in Maryland, files for divorce in Maryland.
Last year, Chief Justice John Roberts, in ruling with the majority that Section 4 of the Voting Rights Act was unconstitutional, wrote “Blatantly discriminatory evasions of federal decrees are rare.” Even if true, this statement does not speak to the prevalence of subtly discriminatory actions, often based on hidden, deep-se
It Ain’t Over Until the QDRO Has Been Approved: The Process for Distributing Retirement and Pension Funds Post-Divorce
Once a divorce matter has been filed and the Court sets a trial date, most clients mistakenly mark their calendar with the belief that upon conclusion of the trial, every aspect of their divorce case will be over. However, if the client or their spouse has retirement or pension accounts that constitute marital property and are ordered to be distributed from one party to another (in full or in part), then there will most likely be several post-trial steps associated with the distribution that must occur before the case can be officially considered concluded.
Can an employer be liable for racist and sexist comments by a client or business partner—someone who does not even work for the employer—toward one of its employees?
Under a recent decision by the Fourth Circuit Court of Appeals, the answer is “yes.” In Freeman v. Dal-Tile Corp., a decision issued on April 29, 2014, the Fourth Circuit recognized that an employer can be liable for harassment perpetrated by a third-party against one of its employees.
Public Pools in Maryland Must Comply with Barrier Safety Regulations, says Unanimous Court of Appeals
In a unanimous decision, the Court of Appeals of Maryland recently held in Blackburn Ltd. Partnership v. Paul, that all Maryland public pools have a duty to comply with Maryland’s swimming pool barrier safety regulations. The Court recognized that the pool barrier safety regulations were designed for the protection of young children from accidental drowning and near-drowning by limiting or delaying their access to swimming pools, spas and hot tubs.
This past session, the Maryland legislature enacted a number of changes that affect both victims and perpetrators of domestic violence. Although certainly not a comprehensive overhaul, the new legislation touches on several important areas that affect the public’s ability to obtain and extend both peace and protective orders, as well as enhanced penalties for those who violate such orders.