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Tag Archives: Labor & Employment

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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Law digest: 8/15/11

MARYLAND COURT OF APPEALS Contract Law, Waiver of conditions precedent: A party may waive, by its actions or statements, a condition precedent in a contract, even when that contract has a non-waiver clause; however, whether defendant’s actions amounted to a ...

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Opinions – 8/15/11: U.S. District Court of Maryland

Civil Procedure Removal BOTTOM LINE: In a lawsuit originally filed in state court involving federal claims against two defendants, it was sufficient for one defendant’s notice of removal to state that defendant had confirmed with co-defendant’s counsel that co-defendant had ...

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Law digest: 7/25/11

MARYLAND COURT OF APPEALS Administrative Law, Disclosure of internal records: Records of a police department internal investigation were “personnel records” under the Public Information Act and, thus, mandatorily exempt from disclosure by the custodian of records, even to the county ...

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Opinions: U.S. District Court of Maryland – 6/13/11

Commercial Law Telephone Consumer Protection Act BOTTOM LINE: Allegations that defendants made anonymous prerecorded telephone calls to many Maryland residents were sufficient to state a claim for violations of the Telephone Consumer Protection Act. CASE: State v. Universal Elections, Civil ...

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Opinions – U.S. 4th Circuit: 4/11/11

Civil Procedure Motion to dismiss base on qualified immunity BOTTOM LINE: In civil suit by criminal defendant against arresting officer, officer was not entitled to dismissal based on qualified immunity because defendant’s complaint sufficiently established the unreasonableness of the officer’s ...

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Opinions – U.S. District Court, Maryland: 4/4/11

Criminal Procedure Grand jury instructions BOTTOM LINE: Where grand jury was improperly instructed that the acting-on-advice-of-counsel defense was irrelevant at the charging stage of the proceeding, there was grave doubt that the grand jury’s decision to indict was free from ...

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Opinions – U.S. District Court: 3/14/11

Consumer Protection Debt collection BOTTOM LINE: Defendant acted as a debt collector in the State of Maryland without a license and unlawfully filed lawsuits against plaintiffs as part of its debt collection practices, in violation of the Fair Debt Collection ...

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Law digest: 3/14/11

MARYLAND COURT OF APPEALS Civil Procedure, Continuance of trial: Trial court abused its discretion in denying a continuance of trial in order to accommodate plaintiff’s religious beliefs, which prohibited any appearance or advocacy on his behalf during a particular religious ...

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