Legal Opinion
BOARD OF EDUCATION OF TALBOT CTY. v. Heister
Court of Appeals of Maryland
Decided April 13, 2006No. 56, September Term, 2005PublishedCited by 27 opinions
1Opinion of the CourtHarrell, J.
We consider here whether a contractual provision included in all employment contracts for primary and secondary public school teachers in the State of Maryland (as required specifically by the Code of Maryland Regulations (COMAR)), providing that, in the case of breach, “salary already accrued will be forfeited, in the discretion of the Local Board of Education,” is a valid and enforceable liquidated damages clause or an unenforceable penalty.
I
James D. Heister and Christina L. Marvel (Appellees), teachers in the Talbot County Public Schools (“TCPS”) at the times relevant to this litigation,…
2Cases cited32 opinions
- Priebe & Sons, Inc. v. United StatesSupreme Court of the United States · 1947
- Board of Physician Quality Assurance v. BanksCourt of Appeals of Maryland · 1999
- Maryland Aviation Administration v. NolandCourt of Appeals of Maryland · 2005
- Lussier v. Maryland Racing CommissionCourt of Appeals of Maryland · 1996
- Resetar v. State Board of EducationCourt of Appeals of Maryland · 1979
27 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- NPS, LLC v. MinihaneMassachusetts Supreme Judicial Court · 2008
- Barrie School v. PatchCourt of Appeals of Maryland · 2007
- Baltimore City Board of School Commissioners v. City Neighbors Charter SchoolCourt of Appeals of Maryland · 2007
- Patterson Park Public Charter School, Inc. v. Baltimore Teachers UnionCourt of Appeals of Maryland · 2007
- Frederick Classical Charter School, Inc. v. Frederick County Board of EducationCourt of Appeals of Maryland · 2017
22 more not listed; retrieve them via the Exa API.