MARYLAND COURT OF SPECIAL APPEALS  Constitutional Law, Special laws: State law prohibiting slot machines did not violate Maryland’s constitutional prohibition against “special laws” because the law did not specifically target plaintiff’s business, it was an adequate step toward serving the ...

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Civil Procedure Removal  BOTTOM LINE: Plaintiffs’ personal injury suit was properly removed to federal court based on diversity jurisdiction because plaintiffs were West Virginia residents and defendant, whose Ohio officers were responsible for directing and controlling company’s activities, had its ...

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MARYLAND COURT OF SPECIAL APPEALS Civil Procedure, Review of arbitration award: The circuit court properly confirmed an arbitration award of punitive damages that included an express finding of willful and wanton conduct. Gordon v. Lewis, No. 1505, Sept. Term, 2011. ...

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Criminal Procedure Sentencing enhancement  BOTTOM LINE: Court erred in employing modified categorical approach to determine that defendant’s prior conviction for assault and battery of a high and aggravated nature (“ABHAN”) under South Carolina law was a “crime of violence” for ...

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Civil Procedure Review of arbitration award  BOTTOM LINE: The circuit court properly confirmed an arbitration award of punitive damages that included an express finding of willful and wanton conduct. CASE: Gordon v. Lewis, No. 1505, Sept. Term, 2011 (filed Dec. ...

Tagged with: law digest legal news maryland Maryland Court of Special Appeals opinions

MARYLAND COURT OF APPEALS  Criminal Procedure, Harmless error: The intermediate appellate court misapplied the harmless error standard in analyzing the trial court’s restriction of defendant’s cross-examination of a State’s witness regarding his expectation of leniency in a violation-of-probation proceeding. Dionas ...

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Bankruptcy Foreign insolvency  BOTTOM LINE: The bankruptcy court properly recognized that an insolvency administrator’s request for discretionary relief required it to consider the interests of the creditors and other interested entities, including the debtor, and reasonably exercised its discretion in ...

Tagged with: law digest legal news maryland Maryland Court of Special Appeals opinions

Criminal Procedure Harmless error  BOTTOM LINE: The intermediate appellate court misapplied the harmless error standard in analyzing the trial court’s restriction of defendant’s cross-examination of a State’s witness regarding his expectation of leniency in a violation-of-probation proceeding. CASE: Dionas v. ...

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MARYLAND COURT OF APPEALS Criminal Law, Contempt of court: There was insufficient evidence to support a finding that defendant was in direct criminal contempt of court because there was no evidence that defendant willfully, and in the presence of the ...

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Criminal Law Contempt of court  BOTTOM LINE: There was insufficient evidence to support a finding that defendant was in direct criminal contempt of court because there was no evidence that defendant willfully, and in the presence of the presiding judge, ...

Tagged with: law digest legal news maryland maryland court of appeals opinions