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Law Digest — 4th Circuit, Md. Supreme Court, Appellate Court — June 8, 2023
U.S. Court of Appeals for the 4th Circuit Medical Malpractice; detainee’s death: Where the district court dismissed claims alleging that medical professionals exhibited deliberate indifference to the needs of a detainee, but the complaint sufficiently alleged that the medical professionals knew of and disregarded a substantial risk of serious injury to decedent, the claims were […]
Law Digest — 4th Circuit, Md. Appellate Court — June 1, 2023
U.S. Court of Appeals for the 4th Circuit Tort; RICO: Where plaintiffs alleged facts making it plausible that two companies providing calling services to those serving time in prison or jail illegally conspired to inflate the price of single calls, their claims under the Racketeer Influenced and Corrupt Organizations Act, or RICO, should not have […]
Md. Supreme Court disavows lower court opinion that likened Black defendant to monster in ‘Beowulf’
Maryland's Supreme Court disavowed language in a lower court decision that suggested implicit bias against a Black defendant and his mother, though the high court declined to decide whether the opinion violated due process rights.
Dad’s comments about son’s sex orientation qualify as mental abuse, Md. appeals court finds
A father's anger and negative statements about his son's sexual orientation qualifies as mental abuse that justifies a final protective order, a Maryland court found.
Adnan Syed asks Md. Supreme Court to review decision that reinstated his murder conviction
Adnan Syed is asking Maryland's highest court to weigh in on whether the rights of crime victims can supersede prosecutors' decision to vacate a conviction.
Law Digest — Maryland Appellate Court — May 11, 2023
Maryland Appellate Court Administrative; disqualifying crime: Where a man who applied to purchase a handgun was previously convicted for witness tampering, the Maryland State Police did not err in denying his application. In the Matter of Mark McCloy, No. 673, Sept. Term, 2022 (filed May 1, 2023). Criminal; lesser included charge: Where the defendant was […]
Assault conviction permitted as lesser-included offense
Maryland’s second-highest court upheld a Washington, D.C., woman’s conviction for second-degree assault on the grounds that the charge was implicitly included when the woman was accused of a more serious assault offense. The 23-page reported opinion found it was proper for an Anne Arundel County judge to submit the lower-level assault charge to a jury […]
Law Digest — 4th US Circuit, Md. Appellate Court — March 16, 2023
U.S. Court of Appeals for the 4th Circuit Criminal; Circuit split over scope of 28 U.S.C.§ 2244(b)(1): In an issue of first impression, the court joined the Sixth and Ninth Circuits in holding that 28 U.S.C. § 2244(b)(1), which requires dismissal of “[a] claim presented in a second or successive habeas corpus application under section […]
Law Digest — 4th US Circuit, Md. Supreme and Appellate Courts — March 9, 2023
U.S. Court of Appeals for the 4th Circuit Securities; misrepresentations or omissions: Where shareholders suing a biopharmaceutical company for alleged misstatements failed to sufficiently allege any actionable misrepresentations or omissions that would give rise to a duty to disclose, and certain statements amounted to puffery or inactionable opinion or were sufficiently hedged with cautionary st[...]
Law Digest — Md. Supreme Court, Appellate Court — Feb. 9, 2023
Maryland Supreme Court Sanctions; flagrant and persistent MARPC violations: Where an attorney failed to adequately represent his client in litigation, failed to sufficiently communicate with the client, billed for legal services he did not provide and made knowing and material misrepresentations to the court, he was disbarred for his “flagrant and persistent” violations. Attorney Grievance [&h[...]
Law Digest — Md. Appellate Court — Feb. 2, 2023
Maryland Supreme Court Administrative; conflict of interest: Where residents alleged a development plan approved by Calvert County was “illegally passed” and is “therefore void” because one of the commissioners had a conflict of interest in the legislation and did not recuse himself, their suit was dismissed. A petitioner may not ordinarily seek relief from the […]
Law Digest — Md. Appellate Court — Jan. 12, 2023
Maryland Appellate Court Medical Malpractice; certificate of qualified expert: Where the Healthcare Malpractice Claims Act, or HCMCA, allows a plaintiff to submit a certificate of qualified expert from a person who is not board certified in the defendant’s specialty if the expert “taught medicine in the defendant’s specialty or a related field of health care,” […]
