Legal Opinion · Dissent

Hansen v. City of Laurel

Court of Appeals of Maryland

Decided July 15, 2011No. 78, September Term, 2010Published

1DissentAdkins, J.

I respectfully dissent from the majority opinion, which throws a plaintiff out of court, permanently, for failure to allege in his complaint that “all conditions precedent have been performed.” See Md. Rule 2-304(b). It does so without allowing him leave to amend his complaint, even though he made good-faith attempts to comply with the notice requirement and alleges in a responsive pleading that he has complied with the condition precedent at issue. This result, I fear, is another step towards a “gotcha jurisprudence” which makes unreasonable demands of “lawyers in the trenches.” *698See Smith v.…

2Cases cited25 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Foman v. DavisSupreme Court of the United States · 1962
  3. RRC Northeast, LLC v. BAA Maryland, Inc.Court of Appeals of Maryland · 2010
  4. Maswamba Musikiwamba v. Essi, Inc. And Shalabh KumarCourt of Appeals for the Seventh Circuit · 1985
  5. Herman Friedlander, Etc., Cross-Appellees v. Jerry C. Nims, Timex Corporation, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1985

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