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Law digest: December 13, 2010


Consumer Protection, New-home construction: Although the evidence did not support the conclusion that a developer held itself out as a registered home builder, its new-home construction contracts violated the Consumer Protection Act by requiring purchasers to grant the developer a general release in exchange for a limited warranty. Bayly Crossing, LLC, et al. v. Consumer Protection Division, Office of the Attorney General, No. 8, Sept. Term, 2010. RecordFax No. 10-1122-20

Criminal Procedure, Good conduct credits: Defendant was entitled to good conduct credits at the rate of ten, rather than five, days per month on a sentence in the term of confinement for a non-violent, non-drug crime committed while he was on parole. Stouffer v. Holbrook, No. 25 Sept. Term 2010. RecordFax No. 10-1122-21

Family Law, Permanency plan: The juvenile court did not abuse its discretion in changing 3-year-old girl’s permanency plan from reunification with her father to “open adoption” because, among other things, her father chose to reside four hours away and failed to visit her despite many opportunities to do so. In re Adoption/Guardianship of Cadence B., No. 21, Sept. Term, 2010. RecordFax No. 10-1122-01

Torts, Asbestos: Defendants were entitled to summary judgment where the plaintiffs’ evidence was insufficient to generate a jury issue on the question of whether any of the defendants’ products were used at the specific site where the decedent actually worked. Reiter v. Pneumo Abex. LLC, No. 72, Sept. Term, 2008. RecordFax No. 10-1119-20

Workers’ Compensation, Calculation of benefits: Under the Workers’ Compensation Act, an injured employee’s permanent partial disability benefits were properly “capped” by the state average weekly wage in effect on the day the injury occurred. Sanchez v. Potomac Abatement, Inc., No. 65, Sept. Term, 2009. RecordFax No. 10-1119-21


Workers’ Compensation, Coverage of nonresident employee: A nonresident injured employee of a subcontractor was covered under the workers’ compensation policy of the general contractor, pursuant to an endorsement in the policy. Zurich Insurance Company v. Uninsured Employers’ Fund, No. 1509, Sept. Term, 2009. RecordFax No. 10-1103-03