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Law Digest: 1/31/11

MARYLAND COURT OF SPECIAL APPEALS

Civil Procedure, Discovery sanctions: Where the plaintiff’s counsel’s answers to interrogatories did not comply with Rule 2-402, the trial court did not abuse its discretion in imposing sanctions and excluding the testimony of plaintiff’s expert witnesses. Logan v. LSP Marketing Corporation, No. 2833, Sept. Term, 2009.
Environmental Law, Motion to intervene: Appellants failed to establish standing to intervene in an action against the operator of power plants for alleged violations of the Clean Water Act because their interests were not different and distinct from the interests of the general public. Environmental Integrity Project v. Mirant Ash Management, LLC, No. 1779, Sept. Term, 2009.
Evidence, Hearsay exception: The victim’s statement to a police officer a month prior to the shooting was inadmissible because it was too remote in time and was not reliable circumstantial evidence of the victim’s state of mind when he was shot. Smith v. State, No. 1178, Sept. Term, 2008.
Torts, Qualified immunity: The circuit court improperly granted trustees’ motion to dismiss because, due to certain defects in the parties’ pleadings, the court failed to consider the trustees’ affidavits attached to the motion. D’Aoust v. Diamond, et al., No. 1708, Sept. Term, 2009.
4TH U.S. CIRCUIT COURT OF APPEALS

Criminal Procedure, Sentencing under ACCA: The sentencing court properly analyzed a Maryland drug offense in concluding that the defendant’s prior conviction was a “serious drug offense” that triggered a sentencing enhancement under the Armed Career Criminal Act. U.S. v. James Washington, U.S. 4th No. 09-4446.
Environmental Law, Citizen group’s standing: Two environmental groups have standing to prosecute a citizen suit alleging defendant violated the Clean Water Act, even after the death of a member who established standing on behalf of the group. Friends of the Earth Inc. v. Gaston Copper Recycling Corp. U.S. 4th No. 06-1714.