News & Articles

  • June 8, 2021

CROWD CONTROL, SAFETY, AND LIABILITY PROTECTION

The reopening of events, restaurants, stores, and the like comes with much joy, anticipation, and excitement.  However, these reopenings necessitate that businesses and facilities refresh their awareness of and attention to their legal obligations.  Premises liability law is an area of tort law that governs when a property owner is liable to a person injured on the property owner’s premises.  Crowd control can be part of that duty of a property owner to protect its patrons. When a crowd of people have been induced to gather on its premises, a proprietor may be liable for any injuries resulting from the…

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  • May 3, 2021

VACCINE REQUIREMENT AND CHURCHES

As the COVID-19 vaccination program continues to roll out over the course of 2021, churches may be considering vaccination requirements for attendance at its religious services and events. This raises the question – is this legal, and if so, what are the possible implications? In general, churches and ministries can prevent attendees from participating in religious services and ministry activities if he or she has not been vaccinated, with some exemptions. It has become common during the COVID-19 pandemic for businesses, medical offices, and other public places to inquire about a person’s COVID-19 status. Screening questions such as whether someone…

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  • April 13, 2021

CAN EMPLOYERS REQUIRE EMPLOYEES TO BE VACCINATED FOR COVID-19?

With a nationwide vaccination program now a full go, businesses are looking forward to returning to pre-COVID work schedules. Many are considering whether they can (or should) require employees to be vaccinated as a condition of continued employment.  Employment law questions have been raised, given the legal protections of workers under the Americans with Disabilities Act (ADA) and other federal laws. Historically, this is not a new issue.   In 1905, the United States Supreme Court decided the case of Jacobson v. Massachusetts, upholding a state law that required a smallpox vaccine.  In 2009, both the EEOC and the Occupational Safety…

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  • April 2, 2021

LIABILITY RULES FOR OWNERS OF HOSPITALITY PROPERTIES

Premises liability law is an area of tort law that governs when a property owner is liable to a person injured on the property owner’s premises.  Maryland common law has developed some specific applications for hospitality properties. Where a hospitality property owner knows of, or has reason to know of, a dangerous condition on the property which creates an unreasonable risk of harm to guests and which guests are unlikely to discover, it may be liable for failure to exercise reasonable care to make the condition safe or to warn the guests of the presence of the dangerous condition and…

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  • March 1, 2021

THOMAS SCHETELICH ARGUES CASE REGARDING LIABILITY OF CHURCH TRUSTEES

Thomas Schetelich argued a case of church law before the Court of Special Appeals of Maryland that could define the legal standards for trustees of a religious corporation. The case is Christ the Truth Ministries v. Mountain of Fire & Miracles Ministries. Mr. Schetelich had tried and won the case in the Circuit Court for Prince George’s County concerning the recovery of assets from trustees who had breached their fiduciary duties, and transferred the assets of the religious corporation they were serving, to another newly formed church that they intended to affiliate with. The Circuit Court had ruled that the…

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  • February 16, 2021

FSB PUBLISHES FIRST TREATISE ON MARYLAND CHURCH LAW

The firm is proud to announce the publication of the first ever legal treatise on Maryland Church Law, written by Thomas Schetelich and Jocelyn Szymanowski.  The book, entitled Maryland Law of Religious Corporations, is being released in February 2021. The book traces the history of Maryland Church Law from colonial days, showing how it developed the first and the strongest tradition of religious toleration and religious freedom in the nation.  Its laws developed according to its own path, and created a structure unique to itself.  Yet, to date, there has been no text that treats all aspects of this law…

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  • February 1, 2021

JENNIFER BUELL NAMED A PRINCIPAL AT FSB

The firm is pleased to announce that Jennifer Buell has become a principal, moving into equity in February, 2021. She is the lead attorney in the firm’s family and domestic practice group, and a litigator with broad experience, including general civil and insurance defense matters. Ms. Buell began practicing law in 2006.  She graduated from East Carolina University, where she earned her Master of Science and Bachelor of Science degrees in Child Development and Family Relations.  She obtained her Juris Doctor degree from the University of Baltimore School of Law.   Upon graduation, Ms. Buell served as the judicial law clerk…

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  • January 19, 2021

BUSINESS INTERRUPTION COVERAGE IN THE COVID-19 PANDEMIC

Maryland small businesses have been hard hit by Covid-19 pandemic.  Executive orders on the State and local levels have mandated shutdowns or severe restrictions to deal with the public health emergency.  Many struggling businesses are looking to their business interruption insurance coverage as a way to survive.  Insurance carriers are carefully reviewing policies to see if payment is required.  The final disposition of the coverage question will be decided in the courts. To date, there are no reported Maryland cases that have dealt with the business interruption claims due to the pandemic, but the early indications are not favorable for…

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  • January 5, 2021

CHANGES IN MARYLAND CHILD SUPPORT LAW AND THE EARNED INCOME TAX CREDIT FOR 2021

Maryland child support laws will see a substantial overhaul in 2021, the most significant in more than a decade. The changes actually began in October, 2020 when the change in “shared physical custody” status went into effect. There two types of physical custody for child support purposes: sole custody and shared custody. The shared custody calculation is based on the number of overnights that the child is with each parent and is usually lower than if one parent has sole custody.. This is because when parents have shared physical custody it is assumed that both parents contribute to the expenses…

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  • December 8, 2020

SUPREME COURT CLARIFIES CONSTITUTIONAL PROTECTIONS ON RELIGIOUS GATHERINGS

In the evening hours of November 25, 2020 the United States Supreme Court issued a decision that changed and clarified the law concerning the authority of State and local governments to restrict religious gatherings.   Churches, synagogues and mosques in Maryland and throughout the United States saw the imposition of State restrictions on gatherings in the face of the COVID-19 health crisis.  Executive actions by governors nationally restricted the right of religious assemblies to meet. Several lawsuits were filed claiming that such orders were a violation of the constitutional right to freedom of religion.   A body of constitutional law has…

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