410.659.1300
Lawyers

Howard J. Schulman

Partner

Howard J. Schulman

Contact

Phone (410) 659-1309 (direct dial)

Fax (410) 659-1350 (fax)

Email hschulman@wcslaw.com

Areas of Practice

  • Litigation
  • Insurance Defense and Coverage
  • Intellectual Property
  • Health Care  

Education

University of Baltimore, J.D., 1977.
Johns Hopkins University, M. L. A., 1971.
Loyola College, B.S., 1967.

Bar Admissions

State
Court of Appeals of MD, 1977.
US District Court for District of Maryland, 1978.
District of Columbia Court of Appeals, 1979.

Federal
United States Court of Appeals for the Fourth Circuit, 1980.
US Court of Appeals for the District of Columbia Circuit, 1980.
Supreme Court of the United States, 1980.
United States Court of Appeals for the Fifth Circuit, 1987.

Howard Schulman has provided tenacious and scholarly representation of individuals and businesses for over 40 years. He focuses on civil law matters in both Maryland and federal trial and appellate courts. His mission is to provide premier yet cost-effective litigation services to all clients. Mr. Schulman has tried nearly 200 cases to verdict and has had a similar number of appellate arguments.

Mr. Schulman’s cases include a variety of high-profile cases and controversies:  Robinson v. Balog (First Amendment claim against Baltimore City Director of Public Works); Burtnick v. McLean (racial purge of white, senior level management employees in the Baltimore City Comptroller’s Office by Jacqueline McLean); The Pack Shack, Inc. v. Howard County, invalidating zoning law on free speech grounds); City of Frederick v. Randall Family, LLC (defense of City in Public Information Act case involving a madam’s “black book”); Pinkley, Inc. vs. City of Frederick (defense of the City and its police department after the department raided and seized the entire contents of an adult book store); and Bouchat v. Baltimore Ravens, Inc. (Raven’s “Flying B” logo copyright litigation).
 
Mr. Schulman resolves issues for his clients in a wide range of areas.  These include: insurance defense and coverage, commercial real property tax assessment appeals, defense of disciplinary and licensing proceedings against pharmacists, physicians and other health care professionals, land development and preservation litigation, employee fraud, First Amendment and constitutional law, eminent domain, employment law, copyright and trademark litigation, defamation and serious personal injury.

Prior to beginning his career in law, Mr. Schulman taught History at Baltimore’s Polytechnic High School and coached football for Johns Hopkins University. He enjoys road bicycling, mountain hiking and sea kayaking. He is an avid traveler.

BAR ASSOCIATIONS

The Bar Association of Baltimore City
    – Member, Board of Trustees of the Library Company  
The Maryland State Bar Association
    – Member, Appellate Practice Committee
Federal Bar Association

REPRESENTATIVE APPELLATE  CASES

Marc v. Richmond Am. Homes of Maryland, Inc., 1476 SEPT.TERM 2014, 2015 WL 7443185 (Md. Ct. Spec. App. Nov. 12, 2015) (unreported) (holding plaintiffs’ common law action for nuisance arising from storm water flowing from adjoining residential development was not barred on the ground that plaintiffs failed to exhaust their administrative remedies)

Hundt v. Snedegar , 1854 SEPT.TERM 2013, 2015 WL 6112290 (Md. Ct. Spec. App. Aug. 21, 2015) (unreported) (reversing $1,016,000 judgment for breach of contract, waste and breach of fiduciary duty, including $660,000 in punitive damages, and directing entry of judgment in favor of defendant)

Fox v. Fid. First Home Mortg. Co, 223 Md. App. 492, 117 A.3d 76 (2015) (State court had concurrent jurisdiction to construe employee’s Chapter 7 bankruptcy discharge and determine whether debt to broker was within a prior bankruptcy discharge and broker was entitled to indemnification.) , cert. denied, 445 Md. 20 {2015)

Fid. First Home Mortg. Co. v. Williams, 208 Md. App . 180, 56 A.3d 501 {2012) (evidence was sufficient to support finding that broker negligently supervised and retained an employee who defrauded plaintiff who had lost title to her home in a fraudulent mortgage foreclosure rescue scam conducted by the mortgage broker’s employee and was vicariously liable for employee’s conduct and for punitive damages.)

Bouchat v. NFL Properties, LLC, 910 F. Supp. 2d 798 (D.Md. 2012) (use of photographs in which professional football team’s previously adjudicated infringing, former principal team logo was displayed as decor in the exclusive club-level lounge of its stadium was now non-infringing fair use, the use of the logo in segments of videos displayed on NFL Network was now non-infringing fair use, but its use in video games was not fair use), aff’d 737 F.3d 932 (2013).

Suder v. Whiteford, Taylor & Preston, LLP, 413 Md. 230, 992 A .2d 413 (2010) (material dispute of fact existed whether failure of attorney to file a timely request for extension in which the client may elect a statutory share of her late husband’s estate constituted legal malpractice)

Bouchat v. Baltimore Ravens Ltd. Partnership, 619 F.3d 301 (4th Cir. 2010) (copyright infringement) (commercial use of historic, infringing Baltimore Ravens logo was not fair use barring action for copyright infringement)

Higginbotham v. Public Service Com’n of Maryland, 412 Md. 112, 985 A.2d 1183 (2009) (the Maryland Tort Claims Act created a uniform three-year statute of limitations for all tort claims brought under the Act, including defamation claims that otherwise would be subject to the one-year statute of limitations)

Bouchat v. Bon-Ton Dept. Stores, Inc., 506 F.3d 315 (4th Cir. 2007) (copyright action against National Football League and Baltimore Ravens licensees and distributors of merchandise bearing infringing Raven’s logo barred by claims preclusion)
 
Steiner v. County Com’rs of Caroline County , 490 F.Supp. 617 (D.Md., 2007) (challenging the constitutionality of an adult entertainment  moratorium and ordinance)

County Com’rs of Carroll County v. Carroll Craft Retail, Inc., 384 Md. 23, 862 A.2d 404 (2004) (adult entertainment; civil procedure; constitutional law; first amendment) (county failed to timely appeal circuit court judgment in favor of adult bookstore)

Livesay v. Baltimore County, 384 Md. 1, 862 A.2d 33 (2004) (governmental immunity; torts) (whether corrections officer at Baltimore County Pre-trial Detention Center who left inmate who attempted to hang himself was entitled to immunity)

Bond v. Slavin, 157 Md.App. 340, 851 A.2d 598 (2004) (privacy) (bank could not disclose customer’s banking records outside of court prior to date of subpoena without customer’s permission)

City of Frederick v. Randall Family, LLC, 154 Md.App. 543, 841 A.2d 10, 32 Media L. Rep. 1609 (2004) (Public Information Act) (whether City was required to disclose the investigative files, including seized “Madame’s Black Book,” retained by police following the close of investigation into alleged prostitution ring)

Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514 (4th Cir. 2003), cert. denied 541 U.S. 1042  (2004);

Bouchat v. Baltimore Ravens Football Club, Inc., 241 F.3d 350 (4th Cir. 2000), cert. denied 532 U.S. 1038 (2001) (copyright infringement litigation on behalf of artist who drew the Ravens’ “Flying B” logo copyright litigation)

Bouchat v. Champion Products, Inc., 327 F.Supp.2d 537 (2003), awaiting decision on appeal, Nos. 03-2173(L), 03- 2174, 03-2389, 04-1008 (4th Cir.) (copyright action against National Football League entities, sponsors, manufacturers, and distributors of merchandise bearing the copyright-infringing Raven’s “Flying B”  logo)

Pack Shack, Inc. v. Howard County, 377 Md. 55, 832 A.2d 170 (2003) (adult entertainment; constitutional law; first amendment) (finding adult bookstore ordinance unconstitutional) (trial court subsequently awarded $188,000 in attorney’s fees)

Murrell v. Mayor & City Council of Baltimore, 376 Md. 170, 829 A.2d 548 (2003) (administrative law and procedure; constitutional law) (Baltimore City Housing and Community Development (HCD)denied statutory due process by razing buildings without following required procedures)

Bond v. Blum, 317 F.3d 385 (4th Cir. 2003) (copyright) (whether use of entire purloined manuscript in civil litigation was “fair use”)

Burns v. Scottish Development Co. Inc., 141 Md.App. 697, 787 A.2d 786 (2001) (covenants; environmental law; property) (attempt to save the last remaining trout stream in Baltimore County)
 
Burtnick v. Mayor & City Council of Baltimore, 48 Fed.Appx. 889, 2002 WL 31375533 (4th Cir. 2002); see also Burtnick v. Mclean, 76 F.3d 611 (4th Cir. 1996) (employment discrimination; governmental immunity; reverse discrimination) (after jury finding in favor of Burtnick that he was terminated from his position with the City during a racial purge of white males, the Court of Appeals affirmed the District Court’s award of $438,025 .33 in back pay).

Williams v. Mayor & City Council of Baltimore, 359 Md. 101, 753 A.2d 41 (2000) (governmental immunity; intentional torts) (finding a material dispute of fact as to whether a police officer had a duty to protect because of a special relationship and thus could be sued when he told a domestic violence victim to remain inside her house with her mother while the officer waited for a camera to arrive, but subsequently left the area).

Robinson v. Balog, 160 F.3d 183 (4th Cir. 1998) (The dangerous condition of the City landfill was a matter of public concern, so two Baltimore City Department of Public Works employees who were retaliated against because they testified and gave information to the FBI about the condition were entitled to sue the government officials for violating their First Amendment Rights)

Sullins v. Allstate Ins. Co., 340 Md. 503, 667 A.2d 617 (1995) (insurance coverage dispute concerning application  of omnibus pollution exclusion to lead paint poisoning claim against landlord)
11126 Baltimore Blvd., Inc. v. Prince George’s County, Maryland, 58 F.3d 988 (4th Cir. 1995) (finding adult bookstore ordinance  unconstitutional)

Chesapeake B & M, Inc. v. Harford County, Maryland, 58 F.3d 1004 (4th Cir. 1995) (finding adult bookstore ordinance unconstitutional)

Arroyo v. Rosen, 102 Md.App. 101 (1994) (defamation; intentional torts) (affirming jury verdict in favor of university department chairman against former university research associate for associate’s false accusations about scientific misconduct)

Bartholomee v. Casey, 103 Md.App. 34, 651 A.2d 908 (1994) (toxic torts) (defense of lead paint poisoning case against landlord)
Mercedes-Benz of North America v. Garten, 94 Md.App. 547, 618 A.2d 233 (1993) (consumer protection; lemon law)

Goldsmith v. Mayor and City Councilof Baltimore, 987 F.2d 1064 (4th Cir. 1993) (First Amendment claims against city and city employees for constructive discharge)

J.A.M. Associates of Baltimore v. Western World Ins. Co., Inc., 95 Md.App. 695, 622 A.2d 818 (1993) (insurance coverage dispute concerning lead paint exclusion to insurance policy)

Laws v. Thompson, 78 Md.App. 665, 554 A .2d 1264 (1989) (abuse of process, defamation, false imprisonment , and malicious prosecution against lawyer and law firm)
 
De Leon v. Saint Joseph Hosp., Inc., 871 F.2d 1229 (4th Cir. 1989) (medical hospital privileges dispute; defamation)

Nast v. Lockett, 312 Md. 343, 539 A.2d 1113 (1988) (propriety of imposition of punitive damages in civil lawsuit against drunk driver)

5297 Pulaski Highway, Inc. v. Town of Perryville, 69 Md.App. 590, 519 A .2d 206 (1987) (challenge to constitutionality of adult bookstore ordinance & chancellor’s determination materials were  obscene)

Western World Ins. Co., Inc. v. Harford Mut. Ins. Co., 784 F.2d 558 (4th Cir. 1986) (insurance coverage dispute concerning alleged intentional injury)

Cohen v. Rubin, 55 Md.App . 83, 460 A.2d 1046 (1983) (negligent entrustment; accident reconstruction) (motor vehicle fatally struck pedestrian

Springer v. United States, 388 A.2d 846 (D.C. 1978) (reversing conviction in murder-for-hire case because jury was not allowed to hear evidence of bias of witness, who was government  informant)

United States v. Woods, 450 F.Supp. 1335 (D.C.Md.,1978) (whether there is a constitutional right to jury trial when a defendant is charged with driving under the influence on national park  land)