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Tag Archives: law digest

Law digest – 1/24/14

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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Opinions – 1/23/14: 4th U.S. Circuit Court of Appeals

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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Opinions – 1/16/14: 4th U.S. Circuit Court of Appeals

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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Opinions – 1/16/14: Maryland Court of Special Appeals

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. ...

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Law digest – 1/9/14

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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Opinions – 1/9/14: 4th U.S. Circuit Court of Appeals

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 ...

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Opinions – 1/9/14: Maryland Court of Appeals

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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