The Class Action Settlement Agreement regarding the lawsuit filed in Circuit Court for Montgomery County,Maryland, captioned Grant Gallgher, et al. v. Just4Veterans LLC, et al., Case No. C-15-CV-23-003578 (the “Action”) is entered into by Plaintiffs Grant Gallagher and Emily Heibel, individually and on behalf of the Certified Class, andDefendants Just4Veterans LLC and Frederick Castanos Justo.

The Class Action Settlement Agreement provides monetary relief in that it eliminates unpaid J4V fee obligations for Class Members, and it also establishes a significant common fund from which eligible Class Memberscan receive claim payments if fees were already paid to J4V. The Class Action Settlement Agreement also provides injunctive relief in that it precludes J4V from engaging any new clients for VA benefits services.

On May 22, 2026, the parties to the Action filed a Motion for Preliminary Approval of Class Action Settlement Agreement. If the Court preliminarily approves the Class Action Settlement Agreement, electronic notices will be sent to all Class Members with further information and instructions.

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https://pelslaw.com/wp-content/uploads/2026/01/131-class-certification-order.pdf

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“I am pleased the Court agreed with us and certified this class action, which we brought on behalf of disabled veterans because we believe they are being charged illegal and excessive fees by uncertified individuals. We look forward to providing class wide notice and getting to trial at the earliest opportunity,” stated Jon D. Pels. “I would like to thank Pels Law attorneys Jesus Zelaya and Katerina Newell for the hard work they provided in getting this case in the perfect position to be certified,” Pels added.

The case is GRANT GALLAGHER, et al. vs. JUST4VETERANS LLC, et al. (Mont. Co. Cir. Ct., Case. No. C-15-CV-23-003578).

View the full court opinion and order

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Congratulations, team!

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Stormwater remediation fees are established independently by counties and cities in Maryland. Gov. Hogan made the fees optional and gave localities flexibility to assess the controversial rain tax. Montgomery County’s Water Quality Protection Charge (WQPC) is assessed as an excise tax on almost all property owners in the County, based on the amount of impervious surface on the owner’s property. Both residential and commercial properties may apply online for credits against this charge, which is listed on owners’ property tax bills, though few commercial entities apply for credits, even though the WQPC can be thousands of dollars per year. Residents can obtain credits by demonstrating the use such stormwater measures as rain barrels, stormwater ponds, permeable pavement and conservation landscaping.

Our clients, Ben Porto & Son, Ltd. and Tri-State Stone & Building Supply, Inc., issued the following statement via Pels Law about the Court’s decision:

“On behalf of Porto and Tri-State Stone & Building Supply, Inc., we are pleased that the Court of Appeals made three key findings:
1. The ‘County did not offer any testimony or other evidence to contradict’ our expert’s ‘calculations or conclusions’ and that there was ‘substantial evidence to support the Tax Court’s finding that Porto demonstrated on-site treatment of both on- and off-site stormwater’;
2. The County is incorrect — as we have repeatedly argued — in asserting that absolute compliance with the Maryland Design Manual is required for WQPC credit and that ‘MCC Section 19-35(e) itself does not provide any requirements that practices eligible for credit must conform to the Design Manual’;
3. Finally, we are pleased that the Appellate Court affirmed in a reported opinion, which will survive indefinitely, that the Porto mine ‘is one of only a few quarries remaining in the County [and that] It mines a rare stone that is ‘the area’s only indigenous quartzite stone’, [that in] 1977, the County designated the Porto quarry as an ‘Area of Critical State Concern’ because it was found to be ‘in the State’s interest to preserve [mineral deposits] that contain useful material so that future generations may be able to take advantage of readily accessible economic sources of building material.’
We are very happy to have the Court affirm the very unique and special place the Porto quarry holds in this region and hopefully will continue to hold for years to come. Hopefully this ruling will convince the County to work with the last remaining building stone quarry in Montgomery County instead of against it, by providing WQPC credits for treatment of both on-site and off-site stormwater as long as it continues to mine the indigenous natural resource.”

Here is a link to an article about the case by Tax Notes, which “provides comprehensive and impartial coverage of tax news” and “offers best-in-class tax commentary and analysis on the latest changes in tax law and policy, as well as on court opinions, legislative action and revenue findings.” https://www.taxnotes.com/tax-notes-today-state/excise-taxes/maryland-court-upholds-stormwater-charge-allows-credit/2024/07/12/7kgp1

Here is a link to the lengthy reported decision: https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:fddec9f4-6ca7-4ab1-8613-73200629b4a7

If you would like to learn more about the case, pursuing WQPC credits or appealing a County WQPC assessment, please contact the firm at (301) 986-5570 or jpels@pelslaw.com.

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Clients of Pels Law are advised to review their employment agreements and to carefully document when trade secrets are created and by whom. Nondisclosure and nonsolicitation agreements should still be valid and important ways employers can protect their intellectual property assets. Note that employers may not penalize a worker for seeking another job, because that would be tantamount to a non-competition agreement.

Do not hesitate to contact Pels Law and Jon Pels if we can be of service as the employment contract landscape continues to change.

To learn more: https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes

Maryland Labor & Employment Code section 3-716:
(a)(1) This section applies:
(i) to an employment contract or a similar document or agreement concerning an employee who earns equal to or less than 150% of the State minimum wage rate established under § 3-413 of this title; and
(ii) whether or not the employer and employee entered into the employment contract or similar document or agreement in the State.
(2) This section does not apply to an employment contract or a similar document or agreement with respect to the taking or use of a client list or other proprietary client-related information.
(b) A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self-employed in the same or similar business or trade shall be null and void as being against the public policy of the State.

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