Business Litigation in Maryland
When a business dispute in Maryland turns serious, the first decisions are procedural: which court, how fast the clock is running, and whether the case belongs on a specialized docket. We prepare commercial matters for trial from the first demand letter, in Maryland through Brandon Northington, who is admitted in Maryland and the District of Columbia.
Below are the Maryland rules that shape a commercial case.
How a commercial dispute moves through Maryland courts
Where it is filed. Claims above $5,000 may be filed in the District Court or a circuit court, but the District Court's contract and tort jurisdiction stops at $30,000 (Courts and Judicial Proceedings §§ 4-401, 4-402). A larger commercial case belongs in circuit court, and no jury can be demanded when $25,000 or less is in controversy.
The Business and Technology program. Rule 16-308 created the Business and Technology Case Management Program so each circuit court can handle these matters in a coordinated way. In Baltimore City, counsel can request designation on the Civil-Non-Domestic Information Report filed with the complaint, or by motion, and a designated case is specially assigned to one of five judges. We assess at filing whether designation helps.
Clocks. Most civil actions must be filed within 3 years of accrual (§ 5-101), but a contract under seal carries 12 years (§ 5-102). A defendant in circuit court typically answers within 30 days of service. The Baltimore County circuit court's case management plan sets 18 months from filing as its civil time standard, and a money judgment earns interest at 10 percent a year (§ 11-107).
Owner disputes. A court can enforce an LLC operating agreement by injunction or other fair relief (Corporations and Associations § 4A-402(d)), or dissolve the company on a member's application (§ 4A-903).
Contract and Commercial Disputes
Breach, collection and enforcement claims for and against businesses, with forum and limitations period fixed at the outset.
Owner and Member Disputes
Deadlock, dissolution, buyouts and operating agreement enforcement among LLC members and corporate stockholders.
Restrictive Covenant Disputes
Non-compete and non-solicit claims, tested against Labor and Employment § 3-716 and the terms of the agreement.
Specialized-Docket Strategy
Evaluating program designation and building the case for the assigned judge.
Which Maryland court hears a business dispute?
Claims of $5,000 or less belong in the District Court. Between $5,000 and $30,000 the plaintiff may choose the District Court or a circuit court, and above $30,000 the case is filed in circuit court. A jury can be demanded only where more than $25,000 is in controversy. Federal court is a separate option where federal jurisdiction exists.
What is Maryland's Business and Technology Case Management Program?
A program under Rule 16-308 for civil cases involving business and technology issues. In Baltimore City, counsel can request designation on the information report or by motion, the court can assign on its own initiative, and the Program Director decides whether a case is appropriate.
How long do I have to sue for breach of contract in Maryland?
Generally 3 years from accrual (§ 5-101), and 12 years for a contract under seal (§ 5-102). Other statutes set different periods for particular claims, and accrual is often contested, so confirm the date early.
How is a dispute between LLC members resolved?
Start with the operating agreement, which a court can enforce by injunction or other fair relief. If the business cannot practicably continue under its articles or agreement, a member can seek dissolution (§ 4A-903). A member's personal creditor is limited to a charging order (§ 4A-607).
How long does a commercial case take?
The Baltimore County circuit court's plan sets 18 months as the time standard for civil cases, and simpler cases can finish sooner. After judgment, a motion for a new trial or to alter the judgment is due within 10 days, and an appeal within 30 days.
Facing a business dispute in Maryland?
The first consultation is confidential, and we respond within one business day. Tell us what is at stake.