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BY: Daily Record Staff
POSTED: June 19, 2013
Tags: 4th u.s. circuit court of appeals, court of special appeals, law digest, legal news, maryland, opinions
MARYLAND COURT OF SPECIAL APPEALS Labor & Employment, Retaliation: The evidence was legally sufficient to sustain plaintiff’s claim that defendant had constructively terminated her employment in retaliation for her report of a sex discrimination complaint made by a subordinate. Edgewood Management Corporation v. Jackson, No. 76, Sept. Term, 2012. RecordFax No, 13-0530-00, 60 pages. Torts, [...]
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BY: Daily Record Staff
POSTED: June 12, 2013
Tags: court of special appeals, Law, law digest, legal news, maryland, opinions
MARYLAND COURT OF APPEALS Family Law, Children in need of assistance: In selecting a permanency plan for a child in need of assistance, a juvenile court may consider information relating to the entire period of the child’s placement even when an appellate decision has reversed an earlier order that was the basis for a portion [...]
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BY: Daily Record Staff
POSTED: June 12, 2013
Tags: court of special appeals, law digest, legal news, maryland, opinions
Civil Procedure Judicial review BOTTOM LINE: Petition for judicial review was properly dismissed as untimely, where the mailbox rule did not afford petitioner three days beyond the thirty-day period imposed by Rule 7-203(a) to file his petition. CASE: Bush v. Public Service Commission of Maryland, No. 0032, Sept. Term, 2012 (filed May 29, 2013) (Judge [...]
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BY: Daily Record Staff
POSTED: June 12, 2013
Tags: court of special appeals, law digest, legal news, maryland, opinions
Family Law Children in need of assistance BOTTOM LINE: In selecting a permanency plan for a child in need of assistance, a juvenile court may consider information relating to the entire period of the child’s placement even when an appellate decision has reversed an earlier order that was the basis for a portion of the [...]
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BY: Daily Record Staff
POSTED: June 5, 2013
Tags: Court of Appeals, Law, law digest, legal news, maryland, opinions
Civil Procedure Standing BOTTOM LINE: Plaintiffs lacked standing to bring a declaratory judgment action against County challenging a variety of resolutions, ordinances, zoning decisions, and administrative actions. CASE: Kendall v. Howard County, Maryland, No. 50, Sept. Term, 2012 (filed May 21, 2013) (Judges Bell, Harrell, Battaglia, Greene, Adkins, BARBERA & Wilner (retired, specially assigned)). RecordFax [...]
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BY: Daily Record Staff
POSTED: May 29, 2013
Tags: Law, law digest, legal news, maryland, opinions
MARYLAND COURT OF APPEALS Constitutional Law, Double jeopardy: There was no manifest necessity for a mistrial and, therefore, retrial on the three counts for which the jury indicated a unanimous vote on the verdict sheet was barred by double jeopardy. State v. Fennell, No. 72, Sept. Term, 2012. RecordFax No. 13-0517-20, 29 pages. Criminal Procedure, [...]
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BY: Daily Record Staff
POSTED: May 29, 2013
Tags: 4th u.s. circuit court of appeals, Law, law digest, legal news, maryland, opinions
Administrative Law Exhaustion of remedies under FOIA BOTTOM LINE: Because the Drug Enforcement Administration violated its statutory deadline for responding to plaintiff’s Freedom of Information Act request for documents concerning regulation of the drug carisoprodol, the plaintiff constructively exhausted his administrative remedies and had the right to commence litigation. CASE: Coleman v. Drug Enforcement Administration, [...]
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BY: Daily Record Staff
POSTED: May 29, 2013
Tags: 4th u.s. circuit court of appeals, Court of Appeals, Law, law digest, legal news, maryland, opinions
Constitutional Law Double jeopardy BOTTOM LINE: There was no manifest necessity for a mistrial and, therefore, retrial on the three counts for which the jury indicated a unanimous vote on the verdict sheet was barred by double jeopardy. CASE: State v. Fennell, No. 72, Sept. Term, 2012 (filed May 17, 2013) (Judges Bell, HARRELL, Battaglia, [...]
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BY: Daily Record Staff
POSTED: May 22, 2013
Tags: 4th u.s. circuit court of appeals, court of special appeals, Law, law digest, legal news, maryland, opinions
MARYLAND COURT OF SPECIAL APPEALS Administrative Law, Revocation of license: 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. Madison Park North Apartments, L.P. v. The [...]
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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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