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Top court revives smoker’s asbestos verdict
An asbestos supplier whose product caused a smoker’s fatal lung cancer cannot shave off a portion of its liability by arguing it rightly belongs to tobacco companies that the survivors never sued, Maryland’s high court ruled Monday.
Top court vacates four new-trial orders
The Court of Appeals told the Court of Special Appeals to reconsider its new-trial orders for Anthony Thomas Bookman, Damerum Burroughs, Brandon Cash Morris and Ronnie Turner.
Ex-wife, not widow, gets teacher’s pension benefits
In a battle between a teacher’s ex-wife and his widow over his pension benefits, Maryland’s top court has unanimously ruled for the ex.
Senate panel calls for Harris’ confirmation to 4th Circuit
In a party-line vote, the Democratic-led Senate Judiciary Committee on Thursday recommended the full Senate confirm Pamela A. Harris, of Potomac, to the 4th U.S. Circuit Court of Appeals.
Gay couple’s case sparks debate on retroactivity
A new Connecticut Supreme Court ruling is adding to the debate on whether gay marriage rights should be applied retroactively and qualify same-sex couples for rights and benefits for which they weren’t entitled before state laws allowed them to marry.
Law digest – 7/16/14
MARYLAND COURT OF SPECIAL APPEALS Criminal Procedure, Waiver of right to counsel: Where trial court failed to determine and announce on the record that defendant “knowingly and voluntarily” waived his right to counsel, defendant’s discharge of counsel was not in accordance with the Maryland Rule of Criminal Procedure governing discharge of counsel, and defendant’s conviction […]
Opinions – 7/16/14: Maryland Court of Special Appeals
Criminal Procedure Waiver of right to counsel BOTTOM LINE: Where trial court failed to determine and announce on the record that defendant “knowingly and voluntarily” waived his right to counsel, defendant’s discharge of counsel was not in accordance with the Maryland Rule of Criminal Procedure governing discharge of counsel, and defendant’s conviction was accordingly reversed. […[...]
Appeals court rules against Maryland homebuyers in finder’s-fee cases
A federal appeals court dealt two blows to Maryland homebuyers with decisions holding that mortgage lenders cannot be held liable under a state law designed to prevent mortgage brokers from charging an undisclosed “finder’s fee” at settlement.
The chief judge’s first year
Maryland’s top court is “right on target” to achieve its goal of deciding by Aug. 31 all of the 127 cases it has heard since its term started in September, Court of Appeals Chief Judge Mary Ellen Barbera said Thursday.
EEOC background-check guidance attracts new scrutiny
Two years after a guidance warning employers against the overly-broad use of criminal background checks to screen potential new hires was issued by the U.S. Equal Employment Opportunity Commission, it is drawing renewed criticism from employers, business groups and lawmakers who say it is cumbersome at best and dangerous at worst.
Law digest – 7/9/14
MARYLAND COURT OF APPEALS Constitutional Law, Sex offender registration: Retroactive application of the federal Sex Offender Registration and Notification Act is unconstitutional under Maryland law, notwithstanding the registration obligations placed directly on individuals by SORNA. Department of Public Safety and Correctional Services, Misc. Docket No. 1, Sept. Term, 2013, and Hershberger v. R[...]
Opinions – 7/9/14: Maryland Court of Special Appeals
Civil Procedure Savings provision BOTTOM LINE: Where plaintiff voluntarily dismissed her medical malpractice claim and re-filed it after the statute of limitations had run, the action was time-barred; the “savings provision” of the Courts and Judicial Proceedings Article — which grants a 60-day window for refiling by a party whose medical malpractice action has been […]
