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Law digest: 8/8/11


Bankruptcy Law, Repossession: A creditor may repossess a car when a debtor has filed bankruptcy and failed to reaffirm the indebtedness if the creditor elected Credit Grantor Closed End Credit Provisions of the Commercial Law Article to govern the retail installment contract. Ford Motor Credit Company, LLC v. Roberson, Misc. No. 15, Sept. Term, 2010. RecordFax No. 11-0715-20.

Criminal Procedure, Admissibility of statements: The record of the motion to suppress was insufficient to determine whether defendant raised the issue of whether police officers engaged in “two-step” or “question-first” interrogation tactics prohibited under Missouri v. Seibert; therefore, a remand was required for the trial court to conduct a supplemental suppression hearing. Wilkerson v. State, No. 107, Sept. Term, 2010. RecordFax No. 11-0714-20.

Professional Responsibility, Disbarment: Disbarment was the appropriate sanction for a Maryland attorney who misappropriated fees, failed to set up and maintain a separate client trust account, and willfully deposited unearned fees into his personal account for his personal use prior to earning the fees. Attorney Grievance Commission of Maryland v. Carithers, No. AG 18, Sept. Term, 2010. RecordFax No. 11-0718-21.

Professional Responsibility, Suspension: Indefinite suspension was warranted for an attorney who failed to represent his client with reasonable diligence, failed to keep proper records for his attorney trust account, and frustrated Bar Counsel’s investigation. Attorney Grievance Commission of Maryland v. Khandpur, No. AG 3, Sept. Term, 2010. RecordFax No. 11-0718-20.


Constitutional Law, Fourth Amendment: In suspect’s lawsuit against law enforcement officer, because there existed material issues of fact as to whether the officer was grossly negligent in failing to make an effort to verify that he had drawn his Taser rather than his handgun, the officer was not entitled to summary judgment on the basis of qualified immunity. Henry v. Purnell, No. 08-7433. RecordFax No. 11-0714-60.


Torts, False arrest: Police officer who arrested plaintiff for disorderly conduct, resisting arrest, and assault was entitled to summary judgment on plaintiff’s claim of false arrest because plaintiff failed to make a showing that officer acted contrary to the purpose for which the criminal process was later issued, which was to quell an alleged act of violence that a community member had purportedly witnessed. Barnes v. Montgomery County, Maryland, Civil Action No. AW-09-2507. RecordFax No. 11-0718-40.

Labor & employment law, Sexual harassment: In plaintiff’s lawsuit against her former employer, summary judgment in favor of defendant employer on plaintiff’s retaliation claim was not appropriate because the employer alleged that its reason for firing plaintiff was that plaintiff made false allegations of sexual harassment, and plaintiff raised a material issue of fact as to whether defendant employer believed in good faith that plaintiff’s allegations of sexual harassment were false. Louis v. Sun Edison, LLC, Civil Action No. 8:10-cv-0078-AW. RecordFax No. 11-0715-40.