Month: June 2015

U.S. Supreme Court: Same-Sex Marriage Is a Right

[caption id="attachment_315" align="alignright" width="150"] Photo Credit: US Rep. Mark Pocan Twitter[/caption] Coincidentally timed on the anniversary of the decisions in Lawrence v. Texas and U.S. v. Windsor, two prior gay-rights cases, Justice Kennedy announced the majority opinion in Obergefell v. Hodges, in which the five-person majority held that the Fourteenth Amendment requires all... Read More >

Maryland Court of Appeals: Breeding v. Koste

The Maryland Court of Appeals held in Breeding v. Koste that the “woodlands exception” applied in cases involving prescriptive easements also applies to adverse possession where the land at issue is unimproved or otherwise in a general state of nature. The exception holds that in such circumstances, there is a legal presumption that the claimant’s use is by... Read More >

SCOTUS: 2nd mortgages on ‘underwater’ homes cannot be voided in Chapter 7 bankruptcy

In Bank of America v. Caulkett, the Court declined to allow a Chapter 7 bankruptcy debtor to “strip down” a mortgage lien that is junior to liens that claim all of the equity in a home, thus allowing those “underwater” liens to survive a discharge. Caulkett owned a house where the senior mortgage lien was greater than his... Read More >