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Opinions – 5/23/13: 4th U.S. Circuit Court of Appeals (access required)

BY: Daily Record Staff
POSTED: May 22, 2013
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Civil Procedure Discovery expenses  BOTTOM LINE: For purposes of federal statute which sets forth costs that may be awarded to prevailing parties in lawsuits brought in federal court, taxable costs related to electronically stored information are limited to converting electronic files to non-editable formats and burning files onto discs as costs of “making copies of [...]


Opinions – 5/23/13: Maryland Court of Special Appeals (access required)

BY: Daily Record Staff
POSTED: May 22, 2013
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Administrative Law Revocation of license  BOTTOM LINE: There was substantial evidence in the record to support the decision of the Commissioner of the Baltimore City Department of Housing and Community Development to revoke developer’s multiple-family dwelling license pursuant to Baltimore City Code Art. 13, §§5-15. CASE: Madison Park North Apartments, L.P. v. The Commissioner of [...]


Law digest – 5/16/13 (access required)

BY: Daily Record Staff
POSTED: May 15, 2013
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MARYLAND COURT OF SPECIAL APPEALS  Administrative Law, Consent Order: Where physician agreed to be bound by the terms of the Consent Order suspending her license, in which she waived any right to contest the terms and to appeal and acknowledged that she understood the Consent Order’s meaning and effect, the Board of Physicians did not [...]


Opinions – 5/16/13: Maryland Court of Special Appeals (access required)

BY: Daily Record Staff
POSTED: May 15, 2013
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Administrative Law Consent Order  BOTTOM LINE: Where physician agreed to be bound by the terms of the Consent Order suspending her license, in which she waived any right to contest the terms and to appeal and acknowledged that she understood the Consent Order’s meaning and effect, the Board of Physicians did not err in declining [...]


Law digest – 5/9/13 (access required)

BY: Daily Record Staff
POSTED: May 8, 2013
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MARYLAND COURT OF APPEALS  Constitutional Law, Preemption of local tobacco regulation: State law occupies field of regulating packaging and sale of tobacco products, and thus impliedly preempted county ordinances regulating packaging, sale and distribution of cigars. Altadis U.S.A., Inc. v. Prince George’s County, No. 85, Sept. Term, 2010. RecordFax No. 13-0425-23, 15 pages. Criminal Law, [...]


Opinions – 5/9/13: 4th U.S. Circuit Court of Appeals (access required)

BY: Daily Record Staff
POSTED: May 8, 2013
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Administrative Law Security clearance  BOTTOM LINE: District court properly dismissed intelligence agency employee’s claim that his top secret security clearance was wrongly revoked by government agency, because although employee’s complaint set forth various constitutional claims, these claims merely challenged merits of agency’s security clearance decision, and courts lack subject matter jurisdiction to review merits of [...]


Opinions – 5/9/13: Maryland Court of Appeals (access required)

BY: Daily Record Staff
POSTED: May 8, 2013
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Constitutional Law Preemption of local tobacco regulation  BOTTOM LINE: State law occupies field of regulating packaging and sale of tobacco products, and thus impliedly preempted county ordinances regulating packaging, sale and distribution of cigars. CASE: Altadis U.S.A., Inc. v. Prince George’s County, No. 85, Sept. Term, 2010 (filed Apr. 25, 2013) (Judges Bell, Harrell, Battaglia, [...]


Law digest – 5/2/13 (access required)

BY: Daily Record Staff
POSTED: May 1, 2013
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MARYLAND COURT OF APPEALS  Negligence, Immunity: Neither the Good Samaritan Act nor the Fire and Rescue Act relieves a commercial ambulance company of civil liability for the alleged negligence of an employee committed when an emergency arises during a transfer of a patient between medical facilities. TransCare Maryland, Inc. v. Murray, No. 24, Sept. Term, [...]


Opinions – 5/2/13: 4th U.S. Circuit Court of Appeals (access required)

BY: Daily Record Staff
POSTED: May 1, 2013
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Contract Law Breach of implied contract  BOTTOM LINE: District court properly dismissed plaintiffs’ contract, negligence, and fraud claims against bank arising from bank’s denial of plaintiffs’ application for mortgage modification under federal program for struggling homeowners, because bank’s provision of mortgage modification application to homeowners did not give rise to implied-in-fact contract that plaintiffs’ application [...]


Opinions – 5/2/13: Maryland Court of Appeals (access required)

BY: Daily Record Staff
POSTED: May 1, 2013
Tags: , , , ,

Negligence Immunity  BOTTOM LINE: Neither the Good Samaritan Act nor the Fire and Rescue Act relieves a commercial ambulance company of civil liability for the alleged negligence of an employee committed when an emergency arises during a transfer of a patient between medical facilities. CASE: TransCare Maryland, Inc. v. Murray, No. 24, Sept. Term, 2012 [...]


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Maryland Moment – Marking Memorial Day

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A “Field of Flags” was installed by residents of the Charlestown retirement community in Catonsville in preparation for Memorial Day. Each of the 500 flags was sponsored by a local business for $35, with proceeds going to the Wounded Warrior Project and the Charlestown Benevolent Care Fund. Photo submitted by Mel Tansill.

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