Maryland Daily Record » administrative law http://thedailyrecord.com Maryland's trusted source for business and legal news Thu, 23 May 2013 02:01:27 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Law digest: 9/4/12  http://thedailyrecord.com/2012/09/03/law-digest-9412/ http://thedailyrecord.com/2012/09/03/law-digest-9412/#comments Mon, 03 Sep 2012 22:00:31 +0000 Daily Record Staff http://thedailyrecord.com/?p=222739 (access required)&via=&related=DolcePixel"> Administrative Law, Private cause of action: TP §21-809, which authorizes the use of speed monitoring systems on certain roads, does not provide an express or implied private cause of action in tort.Baker v. Montgomery County, No. 124, September Term, 2011. RecordFax No. 12-0821-22, 28 pages. Civil Procedure, Court rules: In wife’s appeal of child custody [...] ]]> http://thedailyrecord.com/2012/09/03/law-digest-9412/feed/ 0 Opinions – 7/23/12: 4th U.S. Circuit Court of Appeals  http://thedailyrecord.com/2012/07/22/opinions-72312-4th-u-s-circuit-court-of-appeals/ http://thedailyrecord.com/2012/07/22/opinions-72312-4th-u-s-circuit-court-of-appeals/#comments Sun, 22 Jul 2012 22:03:23 +0000 Daily Record Staff http://thedailyrecord.com/?p=219743 (access required)&via=&related=DolcePixel"> Administrative Law FINRA Arbitration BOTTOM LINE: As a result of significant overlap in personnel and resource utilization between a financial adviser’s former and current investment firms, the adviser’s current firm “indirectly controlled” the adviser, making them “associated persons”; therefore, the investors’ dispute with the adviser’s current firm was covered by the FINRA Code of Arbitration [...] ]]> http://thedailyrecord.com/2012/07/22/opinions-72312-4th-u-s-circuit-court-of-appeals/feed/ 0 Law digest: 7/9/12  http://thedailyrecord.com/2012/07/08/law-digest-7912/ http://thedailyrecord.com/2012/07/08/law-digest-7912/#comments Sun, 08 Jul 2012 22:00:56 +0000 Daily Record Staff http://thedailyrecord.com/?p=218755 (access required)&via=&related=DolcePixel"> Administrative Law, Driver’s license suspension: In overturning a driver’s license suspension based on driving while intoxicated, the circuit court improperly ruled that the officer had to indicate, on the Motor Vehicle Administration form, the reasonable grounds for the underlying stop that led to the suspension. Motor Vehicle Administration v. Lipella, No. 80, Sept. Term, 2010. [...] ]]> http://thedailyrecord.com/2012/07/08/law-digest-7912/feed/ 0 Opinions – 7/9/12: Maryland Court of Appeals  http://thedailyrecord.com/2012/07/08/opinions-7912-maryland-court-of-appeals/ http://thedailyrecord.com/2012/07/08/opinions-7912-maryland-court-of-appeals/#comments Sun, 08 Jul 2012 22:00:01 +0000 Daily Record Staff http://thedailyrecord.com/?p=218757 (access required)&via=&related=DolcePixel"> Administrative Law Driver’s license suspension BOTTOM LINE: In overturning a driver’s license suspension based on driving while intoxicated, the circuit court improperly ruled that the officer had to indicate, on the Motor Vehicle Administration form, the reasonable grounds for the underlying stop that led to the suspension. CASE: Motor Vehicle Administration v. Lipella, No. 80, [...] ]]> http://thedailyrecord.com/2012/07/08/opinions-7912-maryland-court-of-appeals/feed/ 0 Law digest: 6/11/12  http://thedailyrecord.com/2012/06/10/law-digest-61112/ http://thedailyrecord.com/2012/06/10/law-digest-61112/#comments Sun, 10 Jun 2012 22:00:54 +0000 Daily Record Staff http://thedailyrecord.com/?p=216970 (access required)&via=&related=DolcePixel"> MARYLAND COURT OF APPEALS Administrative Law, Appeal from abuse or neglect findings: Person accused of, but not found responsible for, child abuse or neglect has right to appeal when investigation by local department of social services finds that child abuse allegations are “unsubstantiated.” Department of Human Resources v. Hayward, No. 131, Sept. Term, 2007. RecordFax [...] ]]> http://thedailyrecord.com/2012/06/10/law-digest-61112/feed/ 0 Opinions – 5/21/12: Maryland Court of Special Appeals  http://thedailyrecord.com/2012/05/20/opinions-52112-maryland-court-of-special-appeals/ http://thedailyrecord.com/2012/05/20/opinions-52112-maryland-court-of-special-appeals/#comments Sun, 20 May 2012 22:01:18 +0000 Daily Record Staff http://thedailyrecord.com/?p=215703 (access required)&via=&related=DolcePixel"> Administrative Law Child neglect BOTTOM LINE: Although there was no gap in custody between the time a disabled teenager’s caregivers refused to let him return home from school and the time the Department of Social Services placed him in foster care, the administrative law judge was legally incorrect in ruling that the child was never [...] ]]> http://thedailyrecord.com/2012/05/20/opinions-52112-maryland-court-of-special-appeals/feed/ 0 Opinions – 5/21/12: 4th U.S. Circuit Court of Appeals  http://thedailyrecord.com/2012/05/20/opinions-52112-4th-u-s-circuit-court-of-appeals/ http://thedailyrecord.com/2012/05/20/opinions-52112-4th-u-s-circuit-court-of-appeals/#comments Sun, 20 May 2012 22:00:06 +0000 Daily Record Staff http://thedailyrecord.com/?p=215701 (access required)&via=&related=DolcePixel"> Administrative Law Medicare coverage BOTTOM LINE: Secretary of Health and Human Services properly used the adjudicative process to create a policy denying Medicare coverage for medical device. CASE: Almy v. Sebelius, No. 10-2241 (filed April 26, 2012) (Judges WILKINSON, Gregory & Keenan). RecordFax No. 12-0426-60, 25 pages. COUNSEL: Robert Lloyd Roth, Hooper, Lundy & Bookman, [...] ]]> http://thedailyrecord.com/2012/05/20/opinions-52112-4th-u-s-circuit-court-of-appeals/feed/ 0 Opinions – 3/5/12: Maryland Court of Special Appeals  http://thedailyrecord.com/2012/03/04/opinions-3512-maryland-court-of-special-appeals/ http://thedailyrecord.com/2012/03/04/opinions-3512-maryland-court-of-special-appeals/#comments Sun, 04 Mar 2012 23:00:53 +0000 Daily Record Staff http://thedailyrecord.com/2012/03/04/opinions-3512-maryland-court-of-special-appeals/ (access required)&via=&related=DolcePixel"> Administrative Law Line-of-Duty Disability Benefits BOTTOM LINE: Preexisting degenerative disc disease did not disqualify police officer from line-of-duty disability due to an injury sustained while working in the line of duty, because officer otherwise met the statutory requirements for such disability under the city code. CASE: Employees’ Retirement System of City of Baltimore v. Dorsey, [...] ]]> http://thedailyrecord.com/2012/03/04/opinions-3512-maryland-court-of-special-appeals/feed/ 0 Opinions – 2/6/12: 4th U.S. Circuit Court of Appeals  http://thedailyrecord.com/2012/02/05/opinions-2612-4th-u-s-circuit-court-of-appeals/ http://thedailyrecord.com/2012/02/05/opinions-2612-4th-u-s-circuit-court-of-appeals/#comments Sun, 05 Feb 2012 23:00:49 +0000 Daily Record Staff http://thedailyrecord.com/2012/02/05/opinions-2612-4th-u-s-circuit-court-of-appeals/ (access required)&via=&related=DolcePixel"> Administrative Law Civil commitment BOTTOM LINE: The U.S. District Court did not err in finding that the government failed to prove by clear and convincing evidence that defendant was “a sexually dangerous person,”; the court reasonably found one expert’s opinion to be more credible than the others offered as to whether defendant would have serious [...] ]]> http://thedailyrecord.com/2012/02/05/opinions-2612-4th-u-s-circuit-court-of-appeals/feed/ 0 Law digest: 2/6/12  http://thedailyrecord.com/2012/02/05/law-digest-2612/ http://thedailyrecord.com/2012/02/05/law-digest-2612/#comments Sun, 05 Feb 2012 23:00:09 +0000 Daily Record Staff http://thedailyrecord.com/2012/02/05/law-digest-2612/ (access required)&via=&related=DolcePixel"> MARYLAND COURT OF APPEALS Commercial Law, Secondary Mortgage Loan Law: The Secondary Mortgage Loan Law does not restrict a mortgage lender to a single loan origination fee, as long as the aggregate fees charged and collected do not exceed the statutory maximum set forth in CL §12–405 and lenders are only required by the SMLL [...] ]]> http://thedailyrecord.com/2012/02/05/law-digest-2612/feed/ 0