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BY: Daily Record Staff
POSTED: May 22, 2013 Tags: 4th u.s. circuit court of appeals, Law, law digest, lawyers, legal news, maryland, opinions
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 [...]
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BY: Daily Record Staff
POSTED: May 22, 2013 Tags: court of special appeals, law digest, legal news, maryland, opinions
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 [...]
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BY: Daily Record Staff
POSTED: May 15, 2013 Tags: court of special appeals, Law, law digest, legal news, maryland, opinions
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 [...]
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BY: Daily Record Staff
POSTED: May 15, 2013 Tags: court of special appeals, Law, law digest, maryland, opinions
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 [...]
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BY: Daily Record Staff
POSTED: May 8, 2013 Tags: criminal law, law digest, legal news, maryland, opinions
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, [...]
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BY: Daily Record Staff
POSTED: May 8, 2013 Tags: 4th u.s. circuit court of appeals, Law, law digest, legal news, opinions
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 [...]
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BY: Daily Record Staff
POSTED: May 8, 2013 Tags: constitutional law, Court of Appeals, Law, legal news, maryland, opinions
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, [...]
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BY: Daily Record Staff
POSTED: May 1, 2013 Tags: 4th u.s. circuit court of appeals, Court of Appeals, law digest, legal news, maryland, opinions
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, [...]
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BY: Daily Record Staff
POSTED: May 1, 2013 Tags: 4th u.s. circuit court of appeals, Law, law digest, legal news, opinions
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 [...]
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BY: Daily Record Staff
POSTED: May 1, 2013 Tags: Court of Appeals, Law, legal digest, maryland, opinions
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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