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Case Dismissed – Possession of a Firearm (Minor)

Posted on October 10, 2024 in Case Results

Attorney: Creston Smith

North Avenue District Court

September 2-6

Understanding the Maryland Appeals Process

Posted on October 07, 2024 in Appellate

This article outlines the appellate process in Maryland State court in five parts:

initiation of the appeal and preliminary procedures;
briefing deadlines and word count limits;
the record extract;
oral argument; and
the time until an opinion is issued and petitions for review before the Supreme Court of Maryland.

This blog doesn’t cover every scenario, so if you’re a litigant thinking about filing an appeal, consult the Silverman Thompson appellate attorneys at 410.385.2225.

Initiation of Appeal and Preliminary Procedures

Maryland has two appellate courts. Most appeals start in the Appellate Court of Maryland (ACM), the State’s first-level appellate court. If a party loses in that court, the party can petition the Supreme Court of Maryland (SCM), the State’s highest court, to review the case. Roughly 85-90% of petitions are denied, so an appeal usually starts and ends in the ACM. In certain types of cases, a party may have right of direct appeal to the SCM, and if the case involves a federal question, a party can petition the Supreme Court of the United States for review, but those situations are uncommon and won’t be covered here.

Registering an Out-of-State Custody Order in Maryland

Posted on September 20, 2024 in Child Custody

Courts in Maryland will accord full faith and credit to a child custody determination issued by another state, unless the order has been vacated, stayed, or modified by a court with jurisdiction.

Maryland courts are required to recognize and enforce a child custody determination from another state or foreign country, if the original court had jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act.

A child custody determination issued by a court of another state may be registered in the State of Maryland, with or without simultaneous request for enforcement, pursuant to Family Law Article § 9.5-305.

How to register a foreign child custody determination in Maryland

The procedural steps to register a foreign child custody determination includes:

Filing a Request to Register an Out-of-State Child Custody Order and/or a letter requesting registration
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How to Get a Baltimore County Liquor Board License

Posted on September 16, 2024 in Liquor License

The Board of Liquor License Commissioners for Baltimore County (BLLC) is responsible for regulating and controlling the number of establishments permitted to sell alcohol in Baltimore County.

The BLLC is responsible for:

processing applications for and transfers/renewals of licenses to sell beer, wine, and liquor;
conducting inspections of licensed businesses; collecting all license fees and fines; fining, suspending, or revoking licenses;
and updating the license information in the Alcohol Beverage License Book for Baltimore County.

Are there different liquor licenses in Baltimore County?

Yes, there are various types of liquor licenses that can be obtained in Baltimore County depending on the purpose for which the license will be used. The licenses consist of (1) Beer and Wine, or (2) Beer, Wine, and Liquor. Each category includes different classes depending on the type of establishment, purpose for the license, how the liquor will be sold, days the liquor will be sold, and times the liquor will be sold in Baltimore County.

How Do I File for a Divorce in Maryland?

Posted on September 10, 2024 in Divorce

Filing for divorce in Maryland can be a complex and emotionally challenging process, but the assistance of an experienced Maryland divorce attorney can help guide you through the process.

To file for an absolute divorce in Maryland, you must have a ground (or basis) on which to file. As of October 1, 2023, there are only three grounds for an absolute divorce in Maryland:

6-month separation
Irreconcilable differences
Mutual consent

If your situation satisfies one or more of the three grounds for an absolute divorce, you can file a Complaint for Absolute Divorce in the appropriate Maryland Circuit Court. All divorce cases in Maryland must be filed in the Circuit Court, not the District Court. For more information regarding the appropriate city or county in which to file your Complaint for Absolute Divorce, read more here.

Federal Judge Blocks FTC Non-Compete Ban, Leaving Agreements Enforceable

Posted on September 05, 2024 in FTC

On August 20, 2024, U.S. District Judge Ada Brown of the Northern District of Texas struck down a proposed rule by the United States Federal Trade Commission (FTC) that sought to impose a nationwide ban on non-compete agreements. Ryan, LLC v. FTC, –F. Supp.3d – (N.D. Tex., Aug. 20, 2024). The decision halts what would have been a significant shift in employment law across the country had the rule taken effect.

In granting summary judgment in favor of the plaintiff-intervenor, Judge Brown found that the FTC lacked the statutory authority to implement a nationwide ban on all non-compete agreements. She further found that even if the FTC did have such authority, it failed to adequately justify its decision to impose a blanket ban. According to Judge Brown, “the Commission’s lack of evidence as to why they chose to impose such a sweeping prohibition … instead of targeting specific, harmful non-competes, renders the Rule arbitrary and capricious.”

The proposed rule, which was scheduled to take effect on September 4, 2024, aimed to eliminate what the FTC described as an “unfair restraint” on employees nationwide. FTC Chair Lina M. Khan defended the initiative, arguing that non-compete clauses depress wages, stifle innovation, and diminish the American economy.