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Opinions – 1/10/13: Maryland Court of Special Appeals
Civil Procedure Statute of limitations BOTTOM LINE: Plaintiffs’ lawsuit against insurer was barred by the statute of limitations because they failed to file it in Maryland within three years after their cause of action accrued; filing the suit in Pennsylvania to take advantage of that state’s Bad Faith Statute did not toll the running of […]
Editorial Advisory Board: Let unpublished opinions be seen, cited
Seven in eight decisions issued by the Court of Special Appeals (“COSA”) are “unpublished.” That means that the opinion cannot be cited (except for preclusion purposes), and that it lacks precedential value. Moreover, the opinions are not only unpublished, but are unavailable to the general public.
Law digest: 1/10/13
MARYLAND COURT OF APPEALS Administrative Law, Open meetings provisions: The Board of Appeals for Charles County violated various open meetings provisions when it conducted an in-person inspection of the subject property but prohibited any other members of the public from attending the visit and kept no transcript or other record of that which transpired. WSG […]
2012 Maryland appellate court opinions
The digests below are listed by court, then by main subject, then in chronological order. They include cases published by the Court of Appeals and the Court of Special Appeals between Jan. 1 and Dec. 18, 2012.
CSA revives suit over Montgomery County storm system
A Maryland appeals court has revived a water-pollution lawsuit over a municipal storm system permit the state issued to Montgomery County in 2009, saying the environmental groups who brought the claim can sue because one of their members is an “avid paddler” in the allegedly polluted Potomac River.
Manslaughter conviction affirmed in fight over Canton parking place
A man who killed an off-duty Baltimore police officer during a fight over a Canton parking space was properly convicted of involuntary manslaughter, the Court of Special Appeals held Monday. Sian James, 26 at the time of his April 2011 trial, said he acted in self-defense when he threw a piece of concrete at Officer Brian Stevenson’s head on Oct. 16, 2010.
Top court to review play-area release case
Maryland’s top court has agreed to decide whether parents can sign away their children’s right to recover for injuries they might sustain in a store’s play area.
Opinions – 12/24/12: Maryland Court of Special Appeals
Administrative Law Liquor license BOTTOM LINE: The circuit court erred in concluding that the county liquor licensing board had considered only one statutory factor in denying a license application — the potential effect of a new license on existing licensees — where the record as a whole showed the board considered all the required factors, […]
Opinions – 12/17/12: Maryland Court of Special Appeals
Civil Procedure Final judgment rule BOTTOM LINE: Plaintiffs who obtained final judgments against various defendants in asbestos litigation and were paid in full were not entitled to recover against trust that was in bankruptcy at that time, because judgments were based on actual litigation of measure of loss, and final judgment rule therefore barred them […]
Appeals court affirms second ruling against would-be casino operator
Baltimore City Entertainment Group L.P. cannot force the city to transfer land or grant it a lease to operate a casino, the Court of Special Appeals held Wednesday.
Opinions 12/10/12 – Maryland Court of Special Appeals
Administrative Law Social security survivor benefits BOTTOM LINE: City department of social services, which was appointed representative payee of child’s social security survivor benefits, did not abuse discretion by using paid benefits to cover cost of child’s foster care, because use of benefits by a representative payee to cover a beneficiary’s current maintenance costs is […]
$45M award affirmed in Iraqi cell phone suit
A telecommunications company owes its former joint venture partner more than $45 million for fraudulently inducing it to invest in a cell phone network in Iraq, a Maryland appellate court has held.
