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Law digest: January 10, 2011


Administrative Law, Public Information Act: Prison warden improperly denied inmate’s request for documents under the Public Information Act by directing the inmate to resubmit the requests to individual departments within the prison’s agency. Ireland v. Shearin, No. 26, Sept. Term, 2010. RecordFax No. 10-1220-21

Civil Procedure, Jury selection: The trial judge erred by having alternate jurors attend the jury deliberations and by substituting two alternate jurors for two original jurors. Grimstead v. Brockington, No. 130, Sept. Term, 2007. RecordFax No. 10-1217-20

Real Property, Foreclosure sale: Defense to foreclosure based on lender’s failure to comply with federal pre-foreclosure loss mitigation requirements must be raised prior to a foreclosure sale. Bates v. Cohn, No. 28, Sept. Term, 2010. RecordFax No. 10-1216-21

Real Property, Zoning: There was substantial evidence from which the Board of Appeals could determine that property owner’s use would produce non-inherent adverse effects sufficient to warrant denial of her application for a special exception to operate a landscape contractor’s business. Montgomery County v. Butler, No. 27, Sept. Term, 2010. RecordFax No. 10-1216-20


Contracts, Statute of frauds: E-mail communications between purchaser and supplier concerning the terms of their contract were legally sufficient to satisfy the statute of frauds and its merchants’ exception. MEMC Electronic Materials, Inc. v. BP Solar International, Inc., No. 1517, Sept. Term, 2009. RecordFax No. 10-1203-00