February 2025 Maryland Certiorari Grants

Last Friday, the Supreme Court of Maryland granted review in two civil cases. It has assigned both cases for argument during the 2025 Term, which begins in September.

Philip Clarke v. Chinyere Gibson – Case No. 1, September Term, 2025 (Unreported ACM Opinion by Judge Berger)
Issues – Family Law – 1) Did the trial court err in finding Petitioner’s lack of credibility was sufficient evidence for finding physical abuse when there was no other evidence of a physical assault? 2) Did the trial court err and violate Petitioner’s due process rights when the Petition for Protection failed to plead any form of physical assault or child abuse? 3) Did the trial court err when it scheduled the hearing in excess of seven days in the future without stating good cause on the record?

Jabari Morese Lyles v. Santander Consumer USA, Inc. – Case No. 2, September Term, 2025 (Reported ACM Opinion by Judge Graeff)
Issues – Contracts – 1) Where a separate document is never made available to, shown to, or signed by a contracting party, but that separate document is incorporated by reference into the underlying contract, is a consumer bound by the terms of that separate document despite having no knowledge of or access to the terms in that separate document? 2) When a contract contains two distinct integration clauses – one defining the rights and obligations between the buyer and the seller and the other defining the rights and obligations between the buyer and the assignee – does the assignee obtain rights under the terms of the buyer/seller integration clause?