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Law digest – 6/20/13

MARYLAND COURT OF SPECIAL APPEALS 

Labor & Employment, Retaliation: The evidence was legally sufficient to sustain plaintiff’s claim that defendant had constructively terminated her employment in retaliation for her report of a sex discrimination complaint made by a subordinate. Edgewood Management Corporation v. Jackson, No. 76, Sept. Term, 2012. RecordFax No, 13-0530-00, 60 pages.

Torts, Breach of fiduciary duty: The circuit court properly granted summary judgment for the defendant attorneys and their law firm, on claims that they had a duty to prevent an incompetent client from entering into certain loan transactions, or alternatively to have a guardian appointed for him. Catler v. Fox, Nos. 538, 2349, Sept. Term, 2011. RecordFax No. 13-0530-01, 57 pages.

U.S. 4TH CIRCUIT COURT OF APPEALS 

Administrative Law, Injunction against reduction of services: Where the state’s health department chose to comply with a preliminary injunction requiring it to provide a hearing before terminating Medicaid benefits to the plaintiffs, the state subdivision that managed delivery of those services was barred from appealing the ruling both by the Medicaid statute and its contract with the health department. K.C. v. Shipman, No. 12-1575. RecordFax No. 13-0510-60, 21 pages.

Constitutional Law, Qualified immunity: A prison warden who suspended the inmate’s visitation privileges for two years based on the inmate’s suspected receipt of contraband was shielded by qualified immunity from inmate’s suit for monetary damages; the warden did not suspend the visitation privileges arbitrarily and the inmate did not have clearly a established constitutional right to visitation. Williams v. Ozmint, No. 11-6930. RecordFax No. 13-0515-60, 19 pages.

Environmental Law, Substantial cumulative impact: In a lawsuit by an environmental coalition against the Army Corps of Engineers, challenging the issuance of “fill permit” to a mining company, the district court properly concluded that the Corps did not act arbitrarily or capriciously in determining that the fill would not have substantial cumulative impact on the water quality in the relevant watershed. Ohio Valley Environmental Coalition, Inc. v. United States Army Corps of Engineers, No. 12-1999. RecordFax No. 13-0515-61, 21 pages.

Immigration Law, Removal: For purposes of the Immigration and Nationality Act’s removal provision, an asylee’s second-degree assault conviction under Maryland statute that broadly defined misdemeanor assault to encompass even minor touching, which was based on asylee’s admitted act of grabbing police officer’s hand, was not a “crime of violence” and thus was not an aggravated felony that rendered asylee removable. Karimi v. Holder, No. 11-1929. RecordFax No. 13-0513-60, 14 pages.

Insurance Law, Stacking: Although the insurance policy failed to specify any particular amount of uninsured/underinsured motorist (“UM/UIM”) coverage for each insured vehicle, the policy’s “anti-stacking” provision unambiguously prohibited the insured from combining UM/UIM coverage for each insured vehicle. Dooley v. Hartford Accident and Indemnity Company, No. 12-1882. RecordFax No. 13-0516-60, 11 pages.