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Law digest – 1/24/13

MARYLAND COURT OF APPEALS 

Commercial Law, Ticket sales: If a ticket agency is authorized in writing by a licensed exhibitor to sell tickets as an agent of the exhibitor, the ticket agency is not required to be licensed by reason of exercising that authority, but may not charge more than the amount authorized in the licensing law. Bourgeois, et al. v. Live Nation Entertainment, Inc., No. 8, Sept. Term 2012. 46 pages.

Professional Responsibility, Reinstatement: Where disbarred attorney’s petition for reinstatement was granted, dissent would not have reinstated attorney because attorney failed to acknowledge the extent of his misconduct. Matter of Rex B. Wingerter, No. 98, Sept. Term, 2011. 6 pages.

4TH U.S. CIRCUIT COURT OF APPEALS 

Labor & Employment, Disability: In ADA claim of discrimination based on employee’s pregnancy, District court properly granted employer’s summary judgment motion because employee pointed to no more than the objective fact of her pregnancy, and offered no evidence tending to show that employer subjectively believed employee to be disabled as a result of her pregnancy. Young v. United Parcel Service, Inc., No. 11-2078. 24 pages.

Constitutional Law, Right to bear arms: District court properly denied defendant’s Second Amendment challenge to statute prohibiting possession of ammunition by convicted felon because defendant, a felon previously convicted of repeated firearms violations who possessed a large collection of weapons and explosives with clearly military purposes and ammunition, failed to rebut presumption of statute’s lawfulness by showing that his conduct was that of a “law-abiding responsible citizen” acting “in defense of hearth and home.” U.S. v. Pruess, No. 11-5127 (decided Dec. 31, 2012) (Judges MOTZ, Duncan & Wynn). 8 pages.

Criminal Law, Sexual molestation: For purposes of statute making it a crime to entice, or coerce a minor to engage in illegal “sexual activity,” phrase “sexual activity” does not require interpersonal physical contact, and, therefore, defendant’s conduct of engaging in sexual conversations with minors in internet chat rooms constituted “sexual activity.” U.S. v. Fugit, No. 11-6741. 21 pages.

Criminal Procedure, Double jeopardy: Where defendant was convicted of violating statute prohibiting possession of a firearm by person convicted of crime punishable by imprisonment exceeding one year and conviction was later overturned due to post-trial change in law, Double Jeopardy Clause did not bar retrial of defendant on same charge based on other previous convictions, each of which was for a crime indisputably punishable by more than a year in prison. U.S. v. Ford, No. 11-5193. 9 pages.