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On September 16, 2024, for the second time in approximately two years, Schertler Onorato Mead & Sears counsel Tara Tighe was victorious in the Appellate Court of Maryland on the issue of “prevailing party” status under Maryland law. This appeal followed proceedings on remand from the prior appeal handled by Ms. Tighe. The Maryland county circuit court held on
remand that the firm’s client had not prevailed despite successfully preventing the plaintiff from obtaining any relief in the underlying lawsuit. In this second appeal, Ms. Tighe argued that the circuit court erred by ignoring guidance from the prior appellate decision, improperly considering the plaintiffs’ subjective motivations, and misinterpreting a collateral agreement as a settlement. The Appellate Court of Maryland agreed and held definitively that the firm’s client “achieved prevailing party status.” The Court directed the circuit court to determine on another remand what fees and costs should be awarded to the firm’s client.
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