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Probation Before Judgement, 1 Year Suspended – DUI

Posted on November 27, 2024 in Case Results

Attorney: Brian Thompson

Harford County District Court

September 30-October 4

Indictment Dismissed: Frederick Sheriff Chuck Jenkins is Vindicated

Posted on November 27, 2024 in Dismissal

This week, the United States Attorney’s Office in the District of Maryland dismissed the five-count indictment that has been pending since early April 2023 against Frederick County Sheriff Charles “Chuck” Jenkins. Jenkins is currently serving his fifth term as the elected sheriff of Frederick County. The dismissal was “with prejudice” – a resounding end to the prosecution. This dismissal followed the complete acquittal by a jury of Jenkins’ co-defendant, Robert Krop, owner of The Machine Gun Nest on October 22, 2024. These two men, who were alleged to have conspired to violate ATF regulations between August 2015 and May 2022, barely knew each other.

A New Era of Accountability for Attorney Fees in Debt Collection: Anderson, et al. v. Hammerman, et al.

Posted on November 18, 2024 in Debt Collection

In a landmark decision in Kathleen Anderson, et al. v. Evan Hammerman, et al., the Maryland Supreme Court ruled that attorneys can be held liable under consumer protection statutes like the Maryland Consumer Debt Collection Act (MCDCA) and the Maryland Consumer Protection Act (MCPA) for submitting false or inaccurate fee affidavits in debt collection lawsuits. This holding is a departure from the traditional protections afforded by the litigation privilege and signals a shift in the legal landscape surrounding attorney fees in debt collection lawsuits.

The case involved a putative class action lawsuit filed by Kathleen Anderson and Bianca Diehl (the Consumers) against a group of medical providers and related entities (the Collectors) alleging violations of the (MCDCA) and the (MCPA). Consumers alleged in their Complaint that Hammerman, acting as general counsel for some of the Collectors, falsely stated under oath in his affidavits filed in each case, that “he dedicated approximately six (6) hours including but not limited to client communication, review and analysis of client file documents, the drafting of the Complaint, and Motion for Summary Judgment.” Consumers averred that Hammerman did not spend six hours preparing the action, given numerous mistakes in the complaint, and identical attorneys’ fees in another case that did not involve drafting a summary judgment.

Fraudulent Misrepresentation Under Maryland Law

Posted on November 01, 2024 in Fraud

The Legal Information Institute of Cornell Law School defines fraudulent misrepresentation as “when a defendant makes an intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation.”

In Maryland, to establish a claim of fraudulent misrepresentation, a plaintiff must prove:

That a false representation was made,
that its falsity was either known or that the representation was made with such reckless disregard to the truth as to be equivalent to actual knowledge of falsity,
that the representation was made for the purpose of defrauding the plaintiff,\
that the plaintiff had the right to, and did, reasonably rely on the representation, and would not have acted had the misrepresentation not been made, and
that the plaintiff suffered damage directly resulting from the misrepresentation.
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Noah’s Law: The Drunk Driving Reduction Act of 2016 Is Expanded

Posted on October 30, 2024 in Driving While Impaired

Maryland Enacts New Law Requiring Enrollment in the Ignition Interlock System Program for Individuals Who Receive Probation Before Judgment (PBJ)

The Drunk Driving Reduction Act of 2016 or “Noah’s Law,” in honor of Montgomery County Police Officer Noah Leotta, who was killed in the line of duty by a drunk driver, mandates that individuals convicted of certain alcohol-related driving offenses enroll in the Ignition Interlock System Program and install an ignition interlock device in their vehicle. A vehicle equipped with an ignition interlock device will not start until the driver blows into the device and passes a breathalyzer test. The device prevents the vehicle from starting if even a slight amount of alcohol is detected in the user’s breath.

Noah’s Law did not initially require the ignition interlock device for drivers who pled guilty and received Probation Before Judgment (PBJ) for driving under the influence, or who were convicted of the lesser offense of driving while impaired.

Howard University Settles Class Action for $2 Million

Posted on October 24, 2024 in Class Action

On October 1, 2024, the United States District Court for the District of Columbia (D.C. District Court) entered a final judgment and order in the matter of Adavenaixx v. Howard University, approving a class action settlement and release that the parties had executed on May 6, 2024 (which the court had preliminarily approved on June 18, 2024). That judgment came after the court held a final approval hearing the same day at which it granted plaintiff’s motions for final approval of class action settlement and for attorneys’ fees, expenses, and service award. The court approved over two million dollars to be distributed to a class of Howard University students who were unable to attend in-person classes at the university during the height of COVID-19.

The suit originally began as Payne v. Howard University in the United States District Court for the District of Maryland, but on motion was transferred to the D.C. District Court. Mr. Payne had been a student at Howard University during the 2019–2020 academic school year. In March 2020, Howard (like almost every school in the country) suspended in-person classes as a result of the epidemic.