Legal in Maryland

Maryland Legal Intel

Tuesday, May 19, 2026
3 min read
9 stories

Welcome to your daily briefing on legal developments in Maryland. Today we're covering 9 key stories including updates on maryland legal headlines, maryland legal updates, background & context. Let's dive in.

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3

Background & Context

3 stories

3.1

Fee-shifting statutes most lawyers forget exist.

Beyond civil-rights and consumer-protection statutes, many MD jurisdictions have fee-shifting provisions in landlord-tenant, mechanics' lien, insurance bad-faith, and construction-defect contexts. Pleading the fee-shifting statute in the complaint is typically required to preserve the right to recover.

Why It Matters

A fee-shifting case has fundamentally different settlement dynamics than a non-fee case, especially in low-damages disputes where fees can dwarf the underlying claim.

3.2

When to send a litigation hold letter.

A preservation (litigation hold) letter is appropriate as soon as litigation is reasonably anticipated, not just after a complaint is filed. The letter should identify the matter, the document categories at issue, and the recipient's preservation duty. Failure to send one is the leading evidence of spoliation in subsequent motion practice.

Why It Matters

Sanctions for spoliation can include adverse-inference instructions, monetary fines, and in severe cases default judgment. The cost of issuing a hold letter is one paralegal hour.

3.3

Why a document-retention policy is a litigation asset, not paperwork.

A consistently followed retention policy provides a defense against spoliation claims when documents are destroyed in the ordinary course before litigation was anticipated. Without a policy, every routine deletion looks like targeted destruction in hindsight.

Why It Matters

Adverse-inference instructions arising from spoliation routinely turn winnable cases into losses. A documented policy, consistently applied, is the cleanest defense available.

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Issue Summary

DateMay 19, 2026
Stories9
Sections3
Read Time3 min
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