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Robert Lee v. Howard County Department of Social Services
Posted by: Daily Record Staff on 2013-08-20
CSA No. 2174, September Term 2011. Unreported. Opinion by Meredith, J. Filed June 17, 2013. Appeal from Howard County. Dismissed as moot. 12 pages. Child support: contempt judgment: statement of amount…
CSA: Phillips Island structures must go
Posted by: Barbara Grzincic on 2012-04-25
Former apparel executive Edwin H. Lewis must tear down all six buildings on his Eastern Shore hunting camp, the Court of Special Appeals held Wednesday. Lewis long ago abandoned the plans he made when he bought Phillips Island in 1999. For the last five years, he has offered to tear down five of the partially…
Law digest – 5/14/12
Posted by: Daily Record Staff on 2012-05-11
COURT OF APPEALS Administrative Law, Appeal of public employees termination: Petitioners appeal of her termination was properly dismissed because she failed to file the appeal in a timely manner pursuant to SP 11-110(a)(1). Fisher v. Eastern Correctional Institution, Department of Public Safety & Correctional Services, No. 90, Sept. Term, 2011. RecordFax No. 12-0426-21, 18…
U.S. 4th Circuit Court of Appeals
Posted by: admin on 2005-05-02
<button><b><font face="arial">Civil Procedure</font></b></button><b><i>Claim preclusion</i></b><b>BOTTOM LINE:</b> Res judicata did not bar suit brought by PBGC to recover unpaid pension plan contributions where in a prior suit PBGC acted in its capacity as statutory trustee of plan.<b>CASE:</b> Pension Benefit Guaranty Corporation v. Beverley, No. 04-1371 (decided April 12, 2005) (Judges Traxler, GREGORY & Duncan). RecordFax No. 5-0412-60, 15 pages.<b>COUNSEL:</b> Paul McCourt Curley, Canfield, Baer, Heller & Johnston, L.L.P., Richmond, Va., for Appellants. Merrill D. Boone, Pension Benefit Guaranty Corporation, Office of the General Counsel, Washington, for Appellee. <b>FACTS:</b> Don’s Trucking Company established the Don’s Trucking Company Defined Benefit Pension Plan (the Plan), effective June 1, 1988, to provide retirement benefits to its employees. Donald R. Beverley and Martha H. Beverley (the Beverleys) own Don’s Trucking and s…
Category(s): Business
Opinions – 5/14/12: Maryland Court of Special Appeals
Posted by: Daily Record Staff on 2012-05-13
Criminal Procedure Inculpatory custodial statements BOTTOM LINE: Inculpatory statements given to police by suspect in custody after he had invoked his right to counsel should have been suppressed from evidence at trial because the State did not satisfy its burden to rebut the presumption that such statements were involuntary. CASE: Henry v. State, No….
U.S District Court, Maryland (65741)
Posted by: admin on 2002-09-27
<b><u>Church</u>Decisions of ecclesiastical authorities</b><b>BOTTOM LINE:</b> The principle of court deference to ecclesiastical decisions required the district court to honor a bishop’s decision to reject a candidate for rector.<b>CASE:</b> <i>Dixon v. Edwards</i>, No. PJM 01-1838 (decided Oct. 29, 2001) (Judge MESSITTE). RecordFax No. 1-1029-40, 4 pages.<b>FACTS:</b> There are 100 geographical Protestant Episcopal dioceses in the United States, each presided over by a bishop, who is the ecclesiastical authority in the diocese. Each diocese is composed of congregations, generally known as “parishes” or “missions,” located in its geographic area….
Category(s): Business
U.S. District Court, Maryland
Posted by: admin on 2003-10-02
<button><b><font face="arial">Civil Procedure</font></b></button><b><i>Dismissal for failure timely to effect service</i></b><b>BOTTOM LINE:</b> In products liability suit, where plaintiff knew the correct names and addresses of the product manufacturer and its resident agent, dismissal was warranted where the plaintiffs waited an unreasonable amount of time before effecting service.<b>CASE:</b> Carden v. Evenflo Company, Inc., No. JFM-03-2129 (decided Aug. 28, 2003) (Judge MOTZ). RecordFax No. 3-0828-40, 3 pages.<b>COUNSEL:</b> For Beverly Carden, Plaintiff: Harvey A. Kirk, Scott B. Goldstein, Saiontz, Kirk and Miles, Baltimore. For Evenflo Company, Inc., Defendant: Mark T. Mixter, The Law Offices of Mark T Mixter, Baltimore.<b>FACTS:</b> On February 5, 1999, when he was 37 days old, Kevin J. Carden suffered a skull fracture. Almost three years later, his parents instituted suit on his behalf in Maryland state court. They claimed that…
Category(s): Business
Unreported Cases in Brief
Posted by: admin on 2004-01-05
<hr><font face="times"><i>Ed. note: Unreported opinions of the Court of Special Appeals are neither precedent nor persuasive authority. See Md. Rule 8-114.</i></font><hr><table width="100%" align="center" border="2" cellspacing="1" cellpadding="1"><tr><td bgcolor="3366ff"><b><font face="arial" color="white" size="2"><center>CASE IN BRIEF</center></font></b></td></tr><tr><td><font face="arial"><center><b>In Re: Adopt./Guard. of Cache and Timothy B.*</b></center></font><font face="arial"><center><b><i>Adopt./Guard.: termination of Parental Rights: child abuse</i></b></center></font>CSA No. 273. Sept. Term 2003. Unreported. Opinion by Wenner, J. (ret., specially assigned). Filed December 1, 2003. Record Fax# 3-1201-05 (42 pages). Appeal from Anne Arundel County, Davis-Loomis, J. Judgment affirmed.<b>Attorneys:</b> Mary J. Pizzo for appellant; Margaret Holmes for the child; Nancy Hopkins and C. J. Messerschmidt for appellees.<b>Po…
Category(s): Business
U.S. District Court, Maryland
Posted by: admin on 2004-03-08
<button><b><font face="arial">Civil Procedure</font></b></button><b><i>Motion for leave to amend</i></b><b>BOTTOM LINE:</b> Denial of motion for leave to amend after the expiration of the scheduling order was warranted where the movant had failed to show cause for its failure to meet the deadlines of the scheduling order. <b>CASE:</b> Sensormatic Security Corporation v. Sensormatic Electronics Corporation, No. DKC 02-1565 (decided Jan. 20, 2004) (Judge CHASANOW). RecordFax 4-0120-40, 15 pages.<b>COUNSEL:</b> For Sensormatic Security Corporation: David J. Butler, Martin L. Zerwitz, Tacie H. Yoon, Swidler Berlin Shereff Friedman L.L.P., Washington, Terence J. Lynam, Akin Gump Strauss Hauer and Feld LLP, Washington, D.C. For Wallace Computer Services, Inc.: Anthony T. Pierce, Law Office, Washington, Michael Lee Converse, Tobias Eli Zimmerman, Akin Gump Strauss Hauer and Feld L.L.P., Washington. For ADI, Interested Party: Jodie Elizabeth Buchman, Pip…
Category(s): Business
U.S. District Court, Maryland
Posted by: admin on 2003-10-23
<button><b><font face="arial">Civil Procedure</font></b></button><b><i>Contacts required for personal jurisdiction</i></b><b>BOTTOM LINE:</b> Court lacked personal jurisdiction where the defendant’s contacts with Maryland did not rise to the level of “minimum contacts” necessary to subject them to either general or specific personal jurisdiction in Maryland.<b>CASE:</b> Electronic Broking Services, Limited v. E-Business Solutions & Services, No. JFM-03-1350 (decided Sept. 30, 2003) (Judge MOTZ). RecordFax 3-0930-40, 13 pages.<b>COUNSEL:</b> For Electronic Broking Services, Limited, Plaintiff: Mark H. Kolman, Dickstein, Shapiro, Morin and Oshinsky L.L.P., Washington, D.C. For E-Business Solutions & Services, Amr Soliman, Azmy Mohamed, Defendants: Kurt W. Wolfgang, Wolfgang and Buchanan Chtd., La Plata.<b>FACTS:</b> Since 1990, Electronic Broking Services, Limited, a British company, provided goods and services, including computer hardwar…
Category(s): Business

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