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Tag Archives: civil procedure

Opinions – 10/24/11: U.S. District Court, Maryland

Civil Procedure Jurisdiction BOTTOM LINE: Notwithstanding that lawsuit was first filed by plaintiff in district court in Maryland, the pendency of a damages action in a California district court constituted good reason for Maryland district court to deviate from the ...

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Opinions – 10/17/11: U.S. District Court, Maryland

Civil Procedure Habeas corpus petition custody requirement BOTTOM LINE: Mandatory sex offender registration does not meet the requirements of custody for purposes of federal habeas relief, and therefore petition for writ of habeas corpus, which was filed after petitioner’s criminal ...

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Opinions – 10/11/11: U.S. District Court

Civil Procedure Personal jurisdiction BOTTOM LINE: District court did not have personal jurisdiction in a civil action against defendant membership organization, where organization’s only related business activity was operating a website used by members throughout the world, including some Maryland ...

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Opinions – 10/3/11: Maryland Court of Special Appeals

Civil Procedure Attorney’s fees BOTTOM LINE: Using the lodestar approach to calculating attorney’s fees for claims brought under fee-shifting statutes, plaintiff’s recovery was apportioned based on her degree of success, and, therefore, plaintiff’s lodestar amount for both trial court and ...

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Opinions – 9/26/11: U.S. 4th Circuit Court of Appeals

Civil Procedure Standing BOTTOM LINE: Judgment of the district court vacated because Virginia could not challenge the “individual mandate” provision in the Affordable Care Act for lack of Article III standing. CASE: Commonwealth of Virgina v. Sebelius, Nos. 11-1057, 11-1058 ...

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Opinions – 9/19/11: U.S. District Court, Maryland

Civil Procedure Attorneys’ fees BOTTOM LINE: Plaintiffs who successfully obtained a declaratory judgment vindicating their rights under the Americans with Disabilities Act were entitled to attorneys’ fees related to their successful claims for declaratory relief, pursuant to the statute’s fee-shifting ...

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Opinions – 9/19/11: Maryland Court of Special Appeals

Administrative Law Land use BOTTOM LINE: Defendant adequately articulated its finding that a preliminary subdivision plan was consistent with the land use provisions in Prince George’s County’s General Plan and Master Plan and there was substantial evidence in the administrative ...

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Opinions – 9/12/11: U.S. 4th Circuit Court of Appeals

Civil Procedure Preliminary injunction BOTTOM LINE: Where retirees appealed denial of motion for a preliminary injunction seeking continuation of certain healthcare benefits, judgment of the district court affirmed because there was no abuse of discretion in denying the preliminary injunction. ...

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Opinions – Maryland Court of Appeals: 9/6/11

Administrative Law Appeals BOTTOM LINE: In a declaratory judgment action in which plaintiff raised administrative procedure issues relating to defendant’s standing to challenge a decision by the County Planning Board, the Court of Appeals was unable to reach the issues ...

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Opinions – 4th U.S. Circuit Court of Appeals: 9/6/11

Civil Procedure Coram nobis BOTTOM LINE: Petition for writ of error coram nobis was denied because petitioner failed to allege an error of the most fundamental character as is necessary for such an extraordinary remedy. CASE: Withanachchi v. United States, ...

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