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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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BY: Daily Record Staff
POSTED: April 24, 2013
Tags: 4th u.s. circuit court of appeals, Court of Appeals, law digest, legal news, maryland, opinions
MARYLAND COURT OF APPEALS Constitutional Law, Removal of elected official: Plaintiff was removed from office by operation of law on the day she was sentenced for misconduct in office while in office, notwithstanding the fact that she subsequently was afforded probation before judgment. Hall v. Prince George’s County Democratic Central Committee, No. 100, Sept. Term, [...]
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BY: Daily Record Staff
POSTED: April 24, 2013
Tags: 4th u.s. circuit court of appeals, Law, legal news, maryland, opinions
Administrative Law Final agency action BOTTOM LINE: District court lacked jurisdiction over town’s action, under the Administrative Procedure Act, seeking specific performance of commitments made by the U.S. Army Corps of Engineers in connection with a project in the town, because the alleged failure to implement a project in accordance with commitments was not “final [...]
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