Law digest – 3/27/14


Administrative Law, Client protection fund: A lender who advanced funds to an attorney in exchange for an interest in expected fees was not entitled to recover its losses from the Client Protection Fund when the attorney defalcated, because there was no attorney-client relationship between the lender and the attorney. American Asset Finance, LLC v. Trustees of the Client Protection Fund of the Bar of Maryland, No. 2344, Sept. Term, 2012. RecordFax No. 14-0228-00, 19 pages.

Civil Procedure, Juror misconduct: In a lawsuit alleging damages from bedbug infestation, the circuit court was not clearly erroneous in finding a lack of prejudice, and therefore denying a motion for new trial, based on a juror’s post-verdict statements to plaintiff’s attorney that he “did some online research” and “found out that there are companies that provide fumigation services.” Cooch v. S&D River Island, LLC, No. 1800, Sept. Term, 2011 (filed Feb. 27, 2014). RecordFax No. 14-0227-00, 34 pages.

Criminal Procedure, Writ of actual innocence: Circuit court properly denied defendant’s petition for writ of actual innocence, which was based on evidence that the State’s ballistics expert lied about his educational qualifications, because expert’s educational background could have been discovered prior to defendant’s trial, and defendant thus failed to satisfy statutory requirement that defendant show that newly discovered evidence could not have been discovered in the exercise of due diligence. Jackson v. State, No. 2614, Sept. Term, 2012. RecordFax No. 14-0228-01, 31 pages.

Insurance, Advertising Injury under CGL: In a coverage dispute, an insured was entitled to summary judgment on a claim that the insurers had a duty to defend because the underlying complaint alleged that the insured used another entity’s advertising ideas in its advertisements and was unjustly enriched by using the entity’s ideas, thereby satisfying the policy’s definition of “advertising injury.” Blackstone International Ltd., et al. v. Maryland Casualty Company, et al., No. 2302, Sept. Term, 2012. RecordFax No. 14-0228-04, 22 pages.

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