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Law digest: January 3, 2011

MARYLAND COURT OF APPEALS

Consumer Law, Telephone Consumer Protection Act: The Maryland Telephone Consumer Protection Act is not a statutory “specialty” law under the CJP and, therefore, the statute of limitations for actions brought pursuant to it is three years. AGV Sports Group, Inc., et al. v. Protus IP Solutions, Inc. et al., Misc. No. 2, Sept. Term, 2010. RecordFax No. 10-1220-22

Criminal Procedure, Jury instruction on missing evidence: Where the State destroyed highly relevant evidence in its custody, the defendant was entitled to a jury instruction on that missing evidence that would have permitted the jury to draw an inference that the evidence would have been unfavorable to the State. Cost v. State, No. 116, Sept. Term 2009. RecordFax No. 10-1217-21

Professional Responsibility, Disbarment: Disbarment was the appropriate sanction for attorney who failed to properly monitor his clients’ cases, repeatedly avoided communicating with them, and failed to cooperate with Bar Counsel during a subsequent investigation into his professional conduct. Attorney Grievance Commission v. Fox, No. 6, Sept. Term, 2009. RecordFax No. 10-1220-20