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Law digest – 12/24/12


Contract Law, Damages: Evidence of post-breach market conditions not contemplated by the parties in the contract is inadmissible to prove lost profits and, therefore, the trial court properly excluded such evidence proffered by defendants. CR-RSC Tower, LLC v. RSC Tower I, LLC, No. 115, September Term, 2011.RecordFax No. 12-1127-20, 95 pages.


Administrative Law, Liquor license: The circuit court erred in concluding that the county liquor licensing board had considered only one statutory factor in denying a license application — the potential effect of a new license on existing licensees — where the record as a whole showed the board considered all the required factors, and provided substantial evidence to support the denial. Dakrish, LLC T/A Vineyards Elite v. Raich, No. 1327, Sept. Term, 2012. RecordFax No. 12-1130-00, 29 pages.

Criminal Procedure, Search and seizure: Circuit court erred in suppressing evidence obtained from police officers’ warranted search of defendant’s home where the warrant application sufficiently alleged the officers’ reasonable deduction that relevant evidence was likely to be hidden in defendant’s residence. State v. Johnson, No. 0782, Sept. Term, 2010. RecordFax No. 12-1130-01, 52 pages.

Family Law, Telephone testimony in guardianship proceeding: In a hearing for the termination of parental rights, the trial court did not abuse its discretion in allowing the telephone testimony of a witness because good cause was shown. In Re: Adriana T., No. 0433, Sept. Term, 2012. RecordFax No. 12-1129-01, 29 pages.

Torts. Fraudulent inducement: The evidence established that defendants fraudulently induced plaintiffs to loan them money in reliance on the false representation that defendants would convey to plaintiffs ownership in its company. Dynacorp Ltd v. Aramtel Ltd., No. 1077, Sept. Term, 2011. RecordFax No. 12-1128-06, 101 pages.


Criminal Procedure, Extradition: Where defendant was tried for exact offenses described in his extradition agreement, jury instruction on previously unmentioned aiding and abetting theory of liability did not constitute constructive amendment of indictment, and principle of specialty did not bar trial court from issuing aiding and abetting instruction. U.S. v. Day, No. 11-5218. RecordFax No. 12-1129-60, 31 pages.

Criminal Procedure, Search & seizure: After police officer pulled defendant over for speeding and defendant and passenger gave officer conflicting explanations for their travels, there existed reasonable suspicion of criminal activity sufficient for officer briefly prolong stop in order to use drug-detection dog to sniff vehicle, and evidence subsequently discovered through the dog’s alert to trunk of vehicle was therefore admissible. U.S. v. Vaughan, No. 11-4863. RecordFax No. 12-1129-61, 13 pages.

Labor & Employment, ERISA: District court erred in ordering health and pension funds to return contributions allegedly overpaid into funds by labor organization on behalf of employees pursuant to Employee Retirement Income Security Act, because plans’ administrator determined that contributions were not mistaken. U.S. Foodservice, Inc. v. Truck Drivers & Helpers Local Union No. 355 Health and Welfare Fund, No. 12-1108. RecordFax No. 12-1130-60, 14 pages.