Whence Cometh Evil? Making Sense of Human Suffering and COVID-19

CHARLES E. BINKLEY

Surgeon and bioethicist Charles E. Binkley, MD, offers a perspective on how we might make sense of suffering, particularly in light of the present COVID-19 pandemic. Binkley suggests that through suffering, we are paradoxically able to find good, and in this instance, that good might be the practice of social reciprocity.

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Pettiford v. Next Generation Trust Service

Court: Maryland Court of Appeals

Docket: 34/19

Opinion Date: March 26, 2020

Judge: Shirley M. Watts

Areas of Law: Landlord - Tenant

In this summary ejectment proceeding, the Court of Appeals reversed the judgment of the circuit court affirming the judgment of the district court precluding Tenant from asserting and litigating defenses under the implied warranty of habitability and the rent escrow statutes, holding that Tenant was statutorily entitled to raise such defenses during the proceeding and to have them fully considered. Landlord brought his summary ejectment proceeding alleging that Tenant had failed to pay rent for five months and seeking repossession of the property. Tenant moved to dismiss the complaint on grounds that Landlord did not have use and occupancy permit, which the district court denied. Tenant also attempted to assert defenses to summary ejectment, which the district court denied. The circuit court affirmed. The Supreme Court reversed, holding (1) the district court properly denied the motion to dismiss; but (2) a claim for breach of the warranty of habitability or under the rent escrow statutes may be raised as a defense in a summary ejectment proceeding.

Youghal, LLC v. Entwistle

Court: Massachusetts Supreme Judicial Court

Docket: SJC-12754

Opinion Date: March 23, 2020

Judge: Per Curiam

Areas of Law: Landlord - Tenant

The Supreme Judicial Court reversed the judgment of the Housing Court for Landlord on its summary process complaint and affirmed the denial of relief on Tenants' counterclaims, holding that Landlord's summary process complaint must be dismissed because the summons and complaint were served within fourteen days of Tenants' receipt of the notice to quit. Landlord brought this summary process action against Tenants seeking to recover possession of the premises at issue and damages for unpaid rent. Tenants filed several counterclaims. The judge ordered judgment for Tenants on two counterclaims and awarded nominal damages. The parties later filed cross appeals. The Appeals Court dismissed Tenants' appeal on timeliness grounds. The Supreme Judicial Court granted further appellate review and held (1) Tenants' appeal was timely; (2) because the summary process proceeding was commenced before the fourteen-day deadline had come and gone, judgment must enter for Tenants; and (3) the judge did not err in denying relief on Tenants' counterclaims.