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Law digest: 4/25/11

COURT OF SPECIAL APPEALS

Contracts, Tolling during arbitration: Unless specified by the parties, a contract containing an arbitration clause does not toll the statute of limitations on a claim for breach, nor does it affect the time at which the cause of action accrues. Kumar v. Dhanda, No. 2934, Sept. Term, 2009. RecordFax No. 11-0405-02.

Criminal Law, Sexual abuse of a minor: Defendant was properly convicted of sexual abuse of a minor because the evidence at trial established that defendant, who had arranged for the minor to work for him at his house, was responsible for the minor’s supervision when the incidents occurred. Harrison v. State, No. 2247, Sept. Term, 2009. RecordFax No. 11-0404-00.

Family law, Arbitration by rabbinical court: Divorcee’s petition to vacate an arbitration award of a rabbinical court was denied because the decision of the rabbinical court was consistent with the intent of the divorced couple as expressed in their Jewish prenuptial agreement and the rabbinic judge had authority under the prenuptial agreement and the rules of rabbinic court to reverse the lower Jewish court’s award to divorcee. Lang v. Levi, No. 1425, Sept. Term, 2009. RecordFax No. 11-0401-00.

Family Law, Investigation of abuse: FL §5-706 authorizes, and indeed requires, a Maryland local department of social services to investigate a report of suspected abuse or neglect when the abuse or neglect is alleged to have happened in Maryland but the child victim lives out of Maryland. David N. v. St. Mary’s County Department of Social Services, No. 1450, Sept. Term, 2009. RecordFax No. 11-0401-01.

Insurance, Administrative appeals: Because the Insurance Commissioner did not possess the power to stay the hearing requested by the Appellant, the hearing was deemed to have been refused under IN §2-210(b)(3) and, therefore, the order staying the hearing was a final, appealable administrative decision. AFCO Credit Corporation v. Maryland Insurance Administration, No. 2084, Sept. Term, 2009. RecordFax No. 11-0401-03.

U.S. 4TH CIRCUIT COURT OF APPEALS

Constitutional Law, Speech by public employee:

Professor’s speech in publications and commentaries was constitutionally protected when given and remained protected when it was submitted to state university defendants for consideration in connection with professor’s application for promotion. Adams v. The Trustees of The University of North Carolina – Wilmington, No. 10-1413. RecordFax No. 11-0406-60.

U.S. DISTRICT COURT, MARYLAND

Antitrust, Price-fixing allegations: Plaintiffs’ complaint alleged a sufficiently plausible case of price fixing in violation of the Sherman Act and, therefore, Defendants’ motion to dismiss was denied. Haley Paint Company v. E.I. Dupont De Nemours and Co., Civil Action No. RDB–10–0318. RecordFax No. 11-0329-40.

Civil Procedure, Costs of photocopying discovery documents: Plaintiff’s motion to compel production of documents was denied because Defendant made the documents available for inspection and the cost Defendant charged for photocopying the documents was reasonable. Mezu v. Morgan State University, No. WMN–09–2855. RecordFax No. 11-0401-40.