News & Insights
Most of us have heard the expression “Pigs get fat, hogs get slaughtered.” The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle v. Treppa, but it almost certainly cleared the path to the slaughterhouse. The lenders in Hengle…
Most of us have heard the expression “Pigs get fat, hogs get slaughtered.” The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle v. Treppa, but it almost certainly cleared the path to the slaughterhouse. The lenders in Hengle…
Filing a case under Chapter 11 of the United States Bankruptcy Code can be a powerful tool for a business facing crushing liabilities. Not only does the filing of a Chapter 11 invoke an automatic stay of all lawsuits pending against the business, but it affords the business an opportunity to discharge those liabilities by…
Rosenberg Martin Greenberg, LLP is pleased to announce that Caroline L. Hecker has been elected as the firm’s next Managing Partner. Caroline will assume the role effective January 3, 2022, becoming the third Managing Partner in the firm’s 34-year history and the first woman and non-founding member to hold the position. “Caroline is an extremely…
It is understandable that a lender whose loan went into default in 2009 would be anxious to obtain a court ruling that its 2018 foreclosure sale to enforce that loan was valid. However, as a result of a September 30, 2021 decision by the Maryland Court of Special Appeals in O’Sullivan v. Kimmett, the lender…
Rosenberg Martin Greenberg is pleased to announce the addition of Bryan K. Saxton, Brooke A. Hutchins, Drew E. Tildon, and Thérian (Jung Yong) Lee. Barry Greenberg, RMG’s Managing Partner and head of the Firm’s real estate practice group, said: “Our new attorneys add additional depth to multiple practice groups within the firm and are eager to work…
In a July 21, 2021 decision, the Supreme Court of Pennsylvania examined whether Pennsylvania recognizes the doctrine variously referred to as the “single-entity,” “enterprise,” or “horizontal liability” theory. Under that doctrine, “affiliated or sister corporations-corporations with common ownership, engaged in a unitary commercial endeavor- [may] be held liable for each other’s debts or judgments.” The…
The “stranger to the deed” rule, a rule that the Supreme Court of Appeals of West Virginia explained “derives from feudal interpretations of deeds” survives in the State of West Virginia, at least for now, following the Supreme Court’s June 4, 2021 decision in Klein v. McCullough. In Klein, Julia McCullough conveyed a parcel of…
Over the last year, the Baltimore City Council has introduced and enacted multiple bills impacting rental housing that residential landlords will need to navigate: In May 2020, the City Council passed the COVID-19 Rent Increase Protection Act, which prohibits property owners from increasing residential tenants’ rental fees and collecting late fees during the state of…
The outcome of litigation often depends on which party has the burden of presenting evidence to support its claim (the “Burden of Production”) and persuading the judge or jury that it has a viable claim (the “Burden of Persuasion”). Generally speaking, the party suing has both the Burden of Production and the Burden of Persuasion. …
