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  • August 13, 2020

Hotel Operations Under Maryland’s Current COVID-19 Orders & Guidance

On June 10, 2020, Maryland’s Department of Health issued an order pertaining to foodservice establishments, including hotel foodservice operations. Governor Hogan followed the June 10th order with one issued on August 3, 2020 that requires face coverings to be worn by anyone over the age of five (5) years old when indoors at any hotel foodservice location and outdoors when unable to maintain six (6) feet of distance from those whom are not members of their household. It is important to check local government orders and guidelines for COVID-19 pertaining to hotel operations. The orders permit hotel foodservice operations to:…

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  • January 14, 2019

Baltimore City Bill to Regulate Short-Term Rentals & Platforms

Baltimore City Bill to Regulate Short-Term Rentals & Platforms Baltimore City is the latest Maryland jurisdiction to pass legislation establishing a comprehensive framework to regulate short-term rental (STR) hosts and platforms such as Airbnb, FlipKey and VRBO. “We applaud lead sponsors Council President Jack Young and Councilman Eric Costello, and the entire Baltimore City Council for passing this important legislation,” said Amy Rohrer, President and CEO of the Maryland Hotel Lodging Association. “We believe this legislation strikes the right balance between preserving home-sharing for Baltimore guests and residents and protecting Baltimore’s hospitality industry from those investors who skirt the law and use short term rental platforms to operate illegal hotels…

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  • October 3, 2017

Can Parties to a Maryland Contract Shorten the Limitations Period? It Depends…

The short answer to the question of whether parties to a contract can legally shorten the statute of limitations is yes.  However, three factors must be met before a shortened statute of limitations can be enforced: 1) no controlling statute exists to the contrary; 2) the provision is not the result of fraud, duress, or misrepresentation; and 3) the provision is reasonable.   In its recent opinion, Richard and Daphne Ceccone v. Carroll Home Service, LLC, filed July 28, 2017, the Court of Appeals upheld the Court of Special Appeals' decision in College of Notre Dame of Maryland, Inc. v.…

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  • February 22, 2016

Destruction of Physical Evidence at the Core of a Claim Can Result in Dismissal Under Maryland Law

In a decision filed February 1, 2016 and drafted by Judge Douglas Nazarian, the Court of Special Appeals underscored the importance of preserving physical evidence at issue in a lawsuit, especially when the physical evidence “is itself the subject of the case.”  Cumberland Ins. Group v. Delmarva Power, 72 Sept. Term 2015, Slip Op. at 8 (Feb. 1, 2016).  Destroying or failing to preserve such evidence may result in sanctions more stringent than a jury instruction of an unfavorable inference and, instead, may warrant an outright dismissal of the spoliating party’s claim. The case involves a fire at a home…

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