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  • March 6, 2024

JAMES HOWARD NAMED A PRINCIPAL AT FSB

The Firm is pleased to announce that James Howard has become a principal, moving into equity in February 2024. He is one of the Firm’s experienced litigators in its defense and construction practice.  His work focuses primarily on defending complex, multi-party construction and personal injury litigation matters, while he also has significant experience handling business, contractual, and insurance disputes.  Mr. Howard has achieved success for the Firm’s clients in appellate matters, as well. Mr. Howard received his Bachelor of Arts from Boston College in 2011 and his Juris Doctorate from the American University Washington College of Law in 2014. After…

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  • February 5, 2024

FSB Attorneys Named to “Super Lawyers” and “Rising Stars” for 2024

Five attorneys from Ferguson, Schetelich & Ballew, P.A. have been named to the 2024 Maryland “Super Lawyers” and “Rising Stars” List, published by Thomson Reuters. The “Super Lawyers” are: Craig F. Ballew – Employment & Labor Robert L. Ferguson, Jr. – Civil Ligation: Défense The “Rising Stars” are: Timothy Dygert, Jr. – Construction Ligation: Business James K. Howard – Construction Ligation: Business Michael P. Spanos – Real Estate: Business Mr. Ballew has been named a “Super Lawyer” continually since 2012, while Mr. Ferguson has been named a “Super Lawyer” each year since 2007. Mr. Dygert has been named to the…

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  • December 20, 2023

FSB BRINGS CERTIORARI PETITION ON CONSTRUCTION ISSUE OF FIRST IMPRESSION

Ferguson, Schetelich & Ballew is seeking review from the Supreme Court of Maryland on an open issue impacting the construction industry throughout the State.  This question of first impression concerns the contractual waiver of subrogation in construction contracts. Construction contracts are a unique subset of general contract law, and they govern the complex relationship between the property owner, the general contractor, the subcontractors, and the suppliers – and the insurance companies that write the policies that protect each one. Those contracts often contain clauses waiving subrogation, meaning that they restrict whether an insurance company that pays a loss can seek…

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  • November 8, 2023

MARYLAND’S CHANGE TO DIVORCE LAW NOW EFFECTIVE

The greatest change in Maryland domestic law in more than 50 years is now in effect.  Legislation passed earlier in the year has fundamentally altered the grounds on which a court can grant a divorce, completely eliminated one type of divorce, and changed the way that marriage will be valued in domestic litigation. The grounds for divorce are stated in the Maryland Code, Family Law Article, Part 7.  Historically, Maryland has recognized three types of divorce: a limited divorce, an absolute divorce based on the fault of one party, and an absolute divorce without fault. A limited divorce is what…

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  • September 25, 2023

SUPREME COURT OF MARYLAND CLARIFIES RELIGIOUS EXEMPTION IN EMPLOYMENT STATUTES

The Supreme Court of Maryland has issued a decision in the case of Doe v. Catholic Relief Services that clarifies the religious exception in the Maryland Fair Employment Practices Act.  Ferguson, Schetelich & Ballew was legal counsel on an Amicus Brief filed in favor of an expansive reading of the statutory protection for religious organizations. The issue before the Court was whether the prohibition against employment discrimination on the basis of sexual orientation applies to employees of a religious organization, and if so to which employees.  The issue had reached the Court as a certified question from the United States…

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  • August 14, 2023

FSB WINS UNANIMOUS AFFIRMATION OF DISMISSAL IN ALCOHOL RELATED DEATH CASE

On August 8, 2023, a unanimous panel of the Appellate Court of Maryland affirmed the dismissal of a Complaint arising from an alcohol related automobile accident.  The case (Willett v. Ape Hangers, LLC) had been brought against Ape Hanger’s Bar & Grill in Charles County.  The allegations of the complaint were that Wayne Willett, Jr. had been served alcohol at the bar after he was intoxicated, drove home, and died in a single car crash.  The Circuit Court had granted a motion to dismiss. The case was unusual because of the theory advanced by the plaintiffs, based on premises liability. …

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  • July 14, 2023

SUPREME COURT CLARIFIES STANDARD FOR EMPLOYER ACCOMODATION FOR RELIGIOUS BELIEFS IN THE WORKPLACE

The United States Supreme Court has issued a unanimous decision restating the standard for employers in their obligation to accommodate the religious beliefs and practices of its employees.  The new standard continues the Court’s expanded protection for religious freedom.   Groff v. DeJoy was decided by the Court on June 29, 2023.  Gerald Groff is an Evangelical Christian who believes for religious reasons that Sunday should be devoted to worship and rest.  He worked a mail delivery job for the United States Post Office, that had not involved Sunday work.  This changed when the USPS began to make Sunday deliveries…

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  • June 14, 2023

FSB WINS APPEAL OF MONTGOMERY COUNTY’S PARTIAL REVOCATION OF CHURCH’S PROPERTY TAX EXEMPTION

Ferguson, Schetetelich & Ballew has recently completed a successful appeal preserving the property tax exemption of a historic church and its attached parsonage in Montgomery County.   Maryland law provides non-profit charitable organizations the right to apply for and receive a property tax exemption for the real property it owns and operates. The right to such an exemption is subject to specific statutory requirements.  Maryland law distinguishes the statutory requirements for the property tax exemption available to non-profits versus that available to churches and religious corporations.   Property owned by a nonprofit hospital, a nonprofit charitable, fraternal, educational, or literary…

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  • May 19, 2023

ANNAPOLIS ENACTS MAJOR CHANGES ON CIVIL CLAIMS TIED TO PAST ALLEGED SEXUAL ABUSE OF MINORS; ARE ALL THE CHANGES CONSTITUTIONAL?

In April 2023, Governor Wes Moore signed into law a bill greatly expanding-- prospectively and retroactively-- the right of individuals to bring civil claims for sexual abuse which they allege occurred when they were minors. There is not a more sympathetic group of individuals than those who suffered abuse as minors at the hands of adults in positions of authority. The fact that the bill’s lead sponsor had his own personal experience with such abuse makes the legislative push for change even more understandable. At the same time, the breadth of the changes, particularly those that apply retroactively, raises legitimate…

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  • April 12, 2023

THE IMPACT OF MARYLAND’S NEW CORPORATE DIVERSITY ADDENDUM ON CHURCHES AND NON-PROFIT CORPORATIONS

Starting in calendar year 2023, many corporate entities required to file an Annual Report with the Maryland State Department of Assessments and Taxation (“SDAT”) will be required to complete the new Corporate Diversity Addendum.  The bill requiring this filing was passed in 2021, became effective on July 1, 2022, and is codified in Section 19-106 of the Business Regulation Article and Section 11-101 of the Tax-Property Article of the Maryland Code. There are two separate parts of the newly required Diversity Addendum.  The first part requires the entity to identify what “underrepresented communities” are on the entity’s board or in its executive…

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