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Tag Archives: opinions

Opinions – 10/2/13: 4th U.S. Circuit Court of Appeals

Constitutional Law Freedom of expression  BOTTOM LINE: In §1983 1st Amendment retaliation suit based on sheriff’s failure to reappoint employees due to employees’ support for his electoral opponent, district court erred in granting summary judgment in favor of sheriff with ...

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Law digest – 9/25/13

MARYLAND COURT OF APPEALS  Professional Responsibility, Indefinite suspension: Where attorney deposited client’s fee in his personal account rather than a trust account, failed to promptly refund client’s unearned fee, and did not diligently communicate with his client, appropriate sanction was ...

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Opinions – 9/25/13: Maryland Court of Special Appeals

Administrative Law Revocation of medical license BOTTOM LINE: The Maryland Board of Physicians was authorized to pursue summary suspension and revocation of a physician’s license simultaneously and there was more than substantial evidence supporting the Board’s decision to revoke the ...

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Opinions – 9/25/13: Maryland Court of Appeals

Professional Responsibility Indefinite suspension  BOTTOM LINE: Where attorney deposited client’s fee in his personal account rather than a trust account, failed to promptly refund client’s unearned fee, and did not diligently communicate with his client, appropriate sanction was indefinite suspension ...

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Opinions – 9/18/13: Maryland Court of Special Appeals

Civil Procedure Attorneys’ fees  BOTTOM LINE: Plaintiff was entitled to bad faith attorneys’ fees under Rule 1-341 against defendant, where defendant engaged in misconduct during the trial proceedings. CASE: Old Frederick Rd., LLC v. Wiseman, No. 2356, September Term, 2011 ...

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Opinions – 9/12/13: Maryland Court of Special Appeals

Criminal Procedure Restitution  BOTTOM LINE: Trial court could not order defendant, who pleaded guilty to violating Maryland’s bad check law, to pay restitution arising from an unrelated home improvement case as a condition of probation for the bad check offense, ...

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Opinions – 9/12/13: Maryland Court of Appeals

Evidence Chain of custody  BOTTOM LINE: Defendant’s challenge to admissibility of a semen-stained napkin based on questions about the napkin’s handling by police and forensics personnel failed, since the evidence showed that the napkin was secured in an evidence locker ...

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