Author: JGL Law

In an article published in The Baltimore Sun on September 16, 2024, Michal Shinnar applauded a federal judge’s ruling that a racial discrimination lawsuit against the Maryland State Police (MSP) can move forward. “We think that this is a great ruling for plaintiffs, in terms of allowing this important case to move forward, and rejecting the arguments that MSP had made about why it should be dismissed,” Shinnar said.

The lawsuit, which asked a judge to certify class action status on behalf of employees of color, dates to 2022 when three named plaintiffs alleged the state police force has a longstanding pattern of discrimination through discipline, retaliation against officers who make complaints and denied promotions. The state police sought to have the complaint dismissed in federal court, but the court ruled that some of the claims against the statewide police agency could move to the discovery stage.

Read the article “Federal judge rules racial discrimination lawsuit against Maryland State Police can continue.”

In an article published on September 11, 2024, by The Daily Record, Veronica Nannis explains the U.S. Department of Justice’s new pilot program for corporate whistleblowers and the added incentives it provides.

“The way that I see this program is that it’s yet one more incentive for both whistleblowers and for companies,” Nannis said.” “Right now, the False Claims Act is a really good incentive for whistleblowers to bring forth information they have regarding civil fraud, and it’s meant to be a pretty good deterrent for companies to not engage in that fraud. I think this program just complements the others and it’s filling the gaps.”

Nannis adds that the pilot program incentivizes the identification and disclosure of criminal activity, which the False Claims Act does not cover.

For the full article, Daily Record subscribers can click here.

To view the article as a PDF, click here.

Joseph Greenwald & Laake will sponsor the Catholic Charities Legal Network Golf Tournament on September 23, 2024. The 21st annual tournament will be held at Bretton Woods in Germantown, MD.

For more than two decades, the annual golf tournament has supported the pro bono legal services that the Catholic Charities Legal Network provides to low-income people in the greater Washington, D.C., area.

In an article published on September 10, 2024, in The Daily Record, Paul Riekhof discusses the estate planning changes individuals need to take once their divorce is final to ensure that their children or other beneficiaries are provided for in the event of their passing and to prevent their ex-spouse from receiving an unintentional windfall.

Paul notes that Maryland law does provide some help to people who do not take the initiative to change their estate plans upon divorce, but it does not do a very good job – certainly not as well as addressing these issues directly. For example, a divorce decree will revoke all provisions in a will and a revocable living trust that benefit or empower an ex-spouse but will not produce a similar automatic impact on predivorce beneficiary designations. Another complicating issue is that many assets governed by beneficiary designations may also be subject to federal law, which generally preempts state law.

Click here to read “How does a divorce impact predivorce estate planning?” (PDF) for a complete list of the changes that may need to be made to your estate plan once your divorce is final.

Erika Jacobsen White will moderate “Summary Judgment and Discovery Disputes in Employment Cases: Perspectives from the Bench” on September 12 at the United States District Court, Greenbelt Division.

Speakers for the event include:

1. Hon. Theodore D. Chuang, District Judge
2. Hon. Matthew J. Maddox, District Judge
3. Hon. Ajmel Quereshi, Magistrate Judge
4. Hon. Gina L. Simms, Magistrate Judge 

A panel discussion will be held from 4:00 to 5:30 pm and will be followed by a reception from 5:30 to 7:00 pm.

Joseph Greenwald & Laake is sponsoring the program, which is being hosted by the Labor & Employment Law Section of the Maryland State Bar Association (MSBA). Erika serves as a Section Council Member of the MSBA’s Labor & Employment Law Section.

Click here to register for the event.

Charles Winegardner and Winegardner Ford LLC were awarded a $5.7 million jury verdict against Ford Motor Company in a contract dispute over Winegardner’s purchase of another dealership, Hunt Ford. Timothy Maloney represented the Winegardners at the trial.

The case, which involved a 2019 agreement between Winegardner and Hunt, provided that Hunt Ford would sell its acquired assets and dealership property to Winegardner. A dispute arose when Ford Motor Company exercised a right of first refusal to take away Winegardner’s contract to purchase Hunt Ford and give the dealership to another dealer.

Tim told The Daily Record, “Ford Motor Company should have never interfered with the Winegardners’ contract. Since 2009, the Maryland legislature has prohibited auto manufacturers from enforcing rights of first refusal in dealer contracts.” Tim also noted that the Winegardners “would have been very successful” had they been allowed to execute their contract and purchase the Ford dealership. “The jury verdict is no substitute for what the Winegardners ultimately could have done if their contract had not been interfered with. They could have really made something of this Hunt Ford dealership and they knew it.”

Click here to read “Multi-Million Dollar Jury Verdict for Car Dealership” from The Daily Record (PDF)

Are you starting a new job? Every employee should take basic steps to protect themselves when starting a new position.

The Basic Rule

The basic rule of thumb is to save all documents you sign and employer policies. That big stack of things you signed when onboarding? Save all of those, and not just on a company device: you should save it on a personal device or cloud (e.g. in your email, a cloud drive, or on your home computer). If your employer didn’t give you a copy of all the documents you signed, you should ask for a copy for your records. And it should go without saying that you should read these documents and understand them, and consult with a lawyer if you have questions.

If your employer updates /changes these documents at any point, save a copy of the new version in addition to the older version.

Common Important Documents to Save

• Employment Contract
• Non-Compete Agreement
• Arbitration Agreement
• Job Offer
• Benefits Information (including health insurance, disability insurance, life insurance, 401k, pensions, travel stipends, etc.).
• Employee Handbook & All Other Employment Policies (your employer probably has written policies that govern your job and/or those you work with, from compensation; hours; leave; performance evaluations; Performance Improvement Plans; discipline; terminations; reimbursing expenses; dress codes; technology policies; social media policies; anti-discrimination policies; where and how to report discrimination and/or other misconduct such as fraud, safety concerns, etc.). Also- review these policies and familiarize yourself with them!

Why Should I Save These Documents?

Even if it seems like your dream job, no one can be certain about what the future holds. You may need these documents to ensure you are complying with company policies, or if you have a medical emergency (or even death) and your family needs to assist, or if you find yourself suddenly terminated and lose access to your work computer and email. Taking the time to do this can make a big difference down the road.

On October 1, 2024, Maryland’s Pay Transparency Law takes effect. The law broadly applies to essentially all employers “physically perform[ing]” work in some capacity in the state of Maryland regardless of their size.

The law is an attempt to expand the state’s Equal Pay for Equal Work Act, which prohibits discriminating against employees based on their gender or sex identity, usually almost without exception when women are paid less for doing the same job as their male counterparts.

Importantly, applicants for positions can “before a discussion of compensation is held” or “at any other time” request to know all the compensation for the positions for which they are applying, including the applicable low-to-high range of wages and benefits. The law specifically prohibits employers from retaliating in any way against applicants and current employees, who request such information, including by “refus[ing] to interview, hire, or employ an applicant for employment” or refusing to “promote or transfer” a current employee. Failure to follow these specific requirements of the Act during the applicable three-year period can result in a repeat offender-employer being fined up to $600 for each employee or applicant “for whom the employer is not in compliance[.]”

The law also contains certain recordkeeping requirements for employers for a three-year period after a position is filled or, if the position was not filled, from the date of the posting of the position. This recordkeeping includes keeping the wages of employees and job classifications and producing them to the Maryland Department of Labor’s Division of Labor and Industry upon request.

Notably, there is no private right action, meaning employees and applicants cannot file a lawsuit to exercise their rights under the law. Therefore, employees and applicants are reliant upon the already overburdened Maryland Department of Labor’s Division of Labor and Industry to fine employers and force compliance. Consequently, it remains to be seen whether the new law will put a dent in any Maryland employers’ sexist pay practices.

In this episode of JGL LAW FOR YOU, JGL shareholders Renee Blocker and David Bulitt discuss the use of personal health insurance to cover medical expenses related to an accident which was not your fault.

In this episode of JGL LAW FOR YOU, JGL shareholders Lindsay Parvis and David Bulitt discuss the confidentiality of mental health treatment in family law litigation.

Joseph, Greenwald & Laake, P.A. is pleased to announce that 14 of its attorneys have been included in the 2025 edition of The Best Lawyers in America^® and an additional two attorneys have been named to the 2025 Best Lawyers: Ones to Watch® in America list.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers has earned the respect of the profession, the media and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in more than 75 countries.

Joseph, Greenwald & Laake, P.A., is a trusted law firm serving Washington, DC, and the suburban Maryland area. For more than 50 years, JGL has represented a variety of clients, including individuals, small businesses and multimillion-dollar corporations. From simple to complex legal needs, the attorneys of JGL are prepared to deliver strategic solutions with high standards. For more information, please visit the firm’s website at jgllaw.com.

In June 2024, I had the pleasure of recording a podcast with my colleague and JGL’s personal injury attorney, Renee Blocker. You can listen to the podcast here.

This blog explores some of the highlights from the podcast from the family law perspective.

Can my spouse get a share of my personal injury award if we divorce?

It depends upon 1) whether the award is marital or non-marital property and 2) when the award was received.

Marital or Non-Marital:

Non-marital property is property that belongs to one spouse and cannot be divided in divorce. (Often non-marital property is premarital, inherited, gifted, excluded by valid agreement like a prenup, or directly traceable to these.) Marital property is property that can be divided in a divorce.

Personal injury awards are generally non-marital, except for joint claims for loss of consortium and reimbursement of:

• Medical expenses
• Lost wages, of injured person & their spouse

So, personal injury awards for pain and suffering, damages for inability to perform “functions of daily living”, non-medical damages, diminished earning capacity, and future lost wages are non-marital property. Interestingly, damages to real or personal property can also be part of a personal injury award, and the law is not developed about whether these would be marital or non-marital. Logic points to these being marital if for a marital asset and non-marital if for a non-marital asset.

Timing of the personal injury award:

Timing matters because:

• a personal injury award for injuries before marriage is generally non-marital
• a personal injury award received for injuries during marriage (and before a marital breakup) are marital and non-marital as discussed above
• a personal injury award received for injuries during marriage but after a breakup may also be marital and non-marital, but less of it may be marital if there was little to no loss of the marriage (since a breakup had occurred)

Interestingly, a workers compensation award prior to marriage for loss of earning capacity during the marriage may be treated as marital property. So, timing isn’t always a deciding factor. Sometimes, the purpose of the payment is.

Other factors:

Other factors can impact whether a personal injury award is marital or non-marital. Such as:

Commingling:

• In divorce, non-marital property that is mixed up with marital property becomes marital if the non-marital and marital parts cannot be separated.
• So, where a personal injury award is deposited and what else is deposited with it can change the non-marital parts to marital.
• Commingling can also occur when no new funds are added during the marriage but the marital and non-marital funds get mixed up. This can happen due to withdrawals from the account or active investing (repeated buying and selling) within an account.

Documentation:

• Lack of documentation about or breakdown of the part of a personal injury award can make it difficult to impossible to prove what’s non-marital. In divorce, the person claiming property is non-marital is responsible for showing evidence and proof.

Takeaways:

It’s complicated. Keep documentation about your personal injury award, including details of what it was for. Separate and keep separated marital and non-marital parts. Beware of adding money during the marriage to your personal injury award. Keep track of how you use your personal injury award. Seek legal advice.

JGL represents clients both in personal injury and family law matters. We have the knowledge and experience to help you work through these complex issues.