Friday, October 10, 2014

Maryland's Highest Court to Hear Oral Arguments in Two Employment Law Cases in November 2014

The Maryland Court of Appeals (our highest Court) will hear oral argument in two employment law cases in November 2014.

In Amalgamated Transit Union Local 1300 v. Lovelace, the Court is reviewing whether a disgruntled union officer's court claims against his union are barred because he has a remedy through an internal procedure.  The Court of Special Appeals ruled that because the internal procedure did not allow the union officer to collect damages, the procedure were "inadequate" and no bar to a court proceeding.

In Cunningham v. Matthew Feinberg, the Court is reviewing whether the doctrine of lex loci contractus precludes a claim under the Maryland Wage Payment and Collection Law.  The doctrine means that when deciding a question of interpretation and validity of a contract provisions, the Maryland courts ordinarily should apply the law of the jurisdiction where the contract was made.  The Court of Special Appeals decision is unpublished and I have not read it yet.  I am guessing that the case involves an employer's claim that it reached a deal with an employee in some state other than Maryland, and, therefore, the other state's law applies to the employee's wage claim.

No comments: