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Recent Posts in Civil Litigation Category

  • Breach of Contract: Material Breach

    A material breach of contract is a failure to fulfill a contract which is so severe that the contract itself is broken and nullified. Such a breach strikes at the core of the contract and the agreement between the two parties. In such a case, the offended party is usually able to end the agreement and try to collect damages from the other in court. Courts will look at several factors to determine ...
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  • Maryland Court of Appeals declines to create duty of tavern owner to public

    On August 21, 2008, Michael Eaton was a customer at Dogfish Head Alehouse. He began drinking beer and liquor at 5:00 pm, allegedly ordering fourteen bottles of beer and two drinks of hard liquor and drinking at least one other drink that was purchased for him. Mr. Eaton stopped drinking at about 10:00 pm that evening and left, but returned to the Dogfish Head about forty-five minutes later and ...
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  • Beware of the Magic Words

    "The law applies common sense," I often tell my clients. "No special words are usually needed when you draft an agreement; just make sure it is clear." Unfortunately, that is not always the case. After suffering a recent disappointment in a case in Federal court, my client, Aversion Technologies, consented to my discussing its case here so that others can take heed and avoid what happened. ...
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  • Covenants not to Compete in Maryland

    Covenants not to compete ("non-competes" or "restrictive covenants") arise in several contexts. Employers often require employees to sign non-competes when they begin work with a company. Businesses frequently request covenants not to compete when they work with other businesses, such as in Government subcontracts or franchise agreements. Likewise, the buyer of a business will usually make it a ...
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  • Welcome to our new Maryland Civil Litigation Blog

    At Brennan Lynch Litigation Lawyers we are intent on providing excellent service for all of our clients through providing information, answers, discussion and advice as well as aggressive representation should the need arise. You will be able to find various updates to the law, news and other information on our blog on a regular basis. It is important that you check back often to read more about ...
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