Charles Fleischer

Charlie Fleischer holds a bachelor's degree from the University of Rochester and a law degree, with honors, from George Washington University Law School.

Charlie's practice includes employment law for management, commercial litigation, trust & estate litigation, and small business formation and maintenance.

He is admitted to the Maryland and District of Columbia Bars and to the Bar of the United States Supreme Court. He is also a member of the Montgomery County and Maryland State Bar Associations, the Barristers (inactive), and the Montgomery County Inns of Court (emeritus).

Charlie is the author of Employer's Rights (Sourcebooks, 2004), The Complete Hiring and Firing Handbook (Sourcebooks, 2005), HR for Small Business, 2nd Ed. (Sourcebooks, 2009), Will the Internet Abrogate Territorial Limits on Personal Jurisdiction?, 33 Tort & Ins. Law J. 107 (1997), Validity and Effect of Will-Not-Reapply Covenants in Employment Discrimination Settlement Agreements, 23 Labor Lawyer 151 (2007), the "Employment Torts" chapter of the Maryland Employment Law Deskbook (MSBA 2014), and The SHRM Essential Guide to Employment Law (Society for Human Resource Management 2018).

Charlie has been a Commissioner with the Montgomery County Commission on Common Ownership Communities and he continues to chair Commission hearing panels. He has also served on the Board of and as legal counsel to the Greater Bethesda-Chevy Chase Chamber of Commerce and the Board and the Executive Committee of the Primary Care Coalition of Montgomery County.

Published Cases

Pisner v. McCarthy, 2020 WL 1488328 (Md. App. 2020) - circuit court was authorized to assume jurisdiction over trust, remove existing trustees, appoint successor trustee, and approve final distribution of trust assets, where existing trustees were in dispute and deadlocked over trust management.

In re Estate of Lois Simonton, 2019 WL 3074118 (Md. App. 2019) - in intestate estate proceeding, orphans’ court properly denied request of purported heirs to reopen closed estate, where purported heirs failed to act with ordinary diligence to establish their claimed status as heirs.

Nam v. 2012, Inc., 2017 WL 6398782 (D. Md. 2017), 2018 WL 921978 (4th Cir. 2008) - subsequent lawsuit between same parties involving same claims is barred by res judicata.

Martin v. TWP Enterprises, Inc., 132 A.3d 361 (Md. App. 2016) - in corporate asset purchase and sale transaction, purchaser not liable for employment contract obligation of seller under continuation-of-the-entity theory.

Nam v. 2012, Inc., 2017 WL 1001280 (D. Md. 2017) - summary judgment granted employer in Title VII discrimination and retaliation case, where employer had fewer than 15 employees and was not part of an integrated enterprise.

Belyakov v. Medical Science & Computing, 86 F.Supp.3d 430 (2015), aff'd (4th Cir. No. 15-1311, decided Aug. 19, 2015) – where staffing firm offered employment to candidate who was pre-selected by work-site employer, staffing firm’s rejection of competing candidate could not have been discriminatory or retaliatory.

Bradley v. Artery Custom Homes, LLC, 2009 WL 2233556 (4th Cir. 2009) - administrative decision by Maryland Department of Labor, Licensing and Regulation on unemployment insurance claim precludes claimant from re-litigating her employment status in subsequent federal court suit.

Ransom v. Center for Nonprofit Advancement, 514 F.Supp.2d 18 (D.D.C. 2007) - summary judgment granted to employer on former employee's claims of race discrimination and retaliation.

Valles-Hall v. Center for Nonprofit Advancement, 481 F.Supp.2d 118 (D.D.C. 2007) - employer entitled to summary judgment on former employee's claims of race discrimination and retaliation.

Yivo Institute for Jewish Research v. Zaleski, 847 A.2d 510 (Md.App. 2004), 874 A.2d 411 (Md. 2005) - legacy in Will adeemed (satisfied) by testator's lifetime gift in similar amount to same beneficiary.

Ziegler v. Durosko, 862 A.2d 914 (D.C. 2004) - conflicting provisions in lifetime trust regarding revocability of trust create ambiguity, warranting consideration of extrinsic evidence of trustor's intent; 950 A.2d 76 (2008) - affirming trial court finding that trust was intended to become irrevocable.

Slager v. Duncan, 162 F.3d 1155 (4th Cir. 1998) - installation of speed bumps on county road does not constitute discrimination against disabled driver under the Americans with Disabilities Act.

Continental Ins. Co. v. Law Office of Thomas J. Walker, Jr., 171 F.R.D. 183 (D.Md. 1997) - in suit by insurer against law firm to declare legal malpractice policy void, clients of law firm who had claims against law firm are entitled to intervene.

Foushee v. Prudential Ins. Co. of America, 81 F.3d 1147 (D.C. Cir. 1996) - life insurance policy lapsed after insured canceled automatic premium payment arrangement from his bank account; named beneficiary of policy therefore not entitled to recover benefits following insured's death.

Burka v. Aetna Life Ins. Co., 894 F.Supp. 28 (D.D.C. 1995), 917 F.Supp. 8 (D.D.C. 1996), 87 F.3d 478 (D.C. Cir. 1996) 945 F.Supp. 313 (D.D.C. 1996) - university, as successor owner of commercial building, is entitled to use of parking easement granted to prior owner of building.

In re Wilkinson, 186 B.R. 186 (D.Md. 1995) - where through mutual mistake wife failed to execute deed of trust of property owned by husband and wife, court may reform deed of trust to include wife as signatory.

Phillips Pipe Line Co. v. Diamond Shamrock Refining & Mktg. Co., 50 F.3d 864 (10th Cir. 1995) - natural gas pipeline carrier limited to contract rate for transporting gas and not to higher rate on file with Federal Energy Regulatory Commission.

Joyce v. Benefits Marketing Group, Inc., 32 F.3d 562 (4th Cir. 1994) - contract between health insurer and agent governs insurer's commission obligation to agent; insurer is not liable in damages to agent for alleged negligence in administering group policy procured by agent.

O'Hara v. Kovens, 606 A.2d 286 (Md.App. 1992), cert. denied, 612 A.2d 1316 (Md. 1992) - in litigation arising out of former Maryland governor's veto of legislation to provide additional racing dates for race track, separation of powers doctrine bars judicial inquiry into former governor's motives for veto.

Stancell v. Spicer, 557 A.2d 939 (D.C. 1989) - title insurance company is not liable for damages suffered by purchaser's loss of home caused by defalcation of insurer's agent in settling purchase transaction, since agent's authority was limited to issuing title insurance and did not include conducting settlements on insurer's behalf.

Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) - workplace sexual harassment violates Title VII of the federal Civil Rights Act.

Margolis v. Prudential Ins. Co. of America, 629 F.Supp. 195 (D.D.C. 1985) - health insurer is not liable for hospitalization expenses of insured, since expenses were forgiven as part of a medical malpractice settlement.

Kessler v. Lincoln Nat. Life Ins. Co., 620 F.Supp. 282 (D.D.C. 1985) - beneficiary of life insurance policy is bound by insured's election of installment payments and cannot insist on a lump sum payment of policy proceeds.

Meade v. Prudential Ins. Co. of America, 477 A.2d 726 (D.C. 1984) - health insurance policy exclusion for mouth conditions did not clearly exclude expenses for dental work to treat insured's TMJ condition.

Johnson v. Prudential Ins. Co. of America, 589 F.Supp. 30 (D.D.C. 1983) - life insurance policy is void due to misrepresentation in application about marijuana use and because it was not effectively reinstated after lapse.

Teasley v. U.S., 662 F.2d 787 (D.C. Cir. 1980) - U.S. Government is not liable under Federal Tort Claims Act for sexual assault by former mental health patient.

Jones v. Prudential Ins. Co. of America, 388 A.2d 476 (D.C. 1978) - life insurance policy is void due to misrepresentation in application about drug use.

Hill v. Prudential Ins. Co. of America, 315 A.2d 146 (D.C. 1974) - life insurance policy is void due to misrepresentation in application about cancer.