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Tag Archives: opinions

Opinions – 9/4/13: Maryland Court of Appeals

Civil Procedure Mandamus  BOTTOM LINE: Prior Court of Appeals’ decision that at-will provision in police commissioner’s employment contract conflicted with city statute did not preclude the city’s other defenses or entitle the former commissioner to mandamus effecting his reinstatement. CASE: ...

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Barbera: End of ‘justice delayed’ at Court of Appeals

Court of Appeals Chief Judge Mary Ellen Barbera (File photo)

Chief Judge Mary Ellen Barbera, the new leader of the Court of Appeals, said Tuesday that the top court will issue its decisions “at the very latest” by the Aug. 31 after which appeals are heard, calling it “a new policy” that will be “immediately implemented.”

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Opinions – 8/29/13: Maryland Court of Appeals

Administrative Law Driving under the influence  BOTTOM LINE: Police officer’s detection of a “strong odor of an alcoholic beverage emitting from the person and breath” of driver of vehicle that had been involved in multi-car accident met standard of reasonable ...

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Law digest – 8/22/13

MARYLAND COURT OF APPEALS  Professional Responsibility, Sixty-day suspension: Where attorney, who had previously been disciplined for similar misconduct, failed to properly perform her fiduciary duties in respect to an escrow/trust account and failed to respond to letters from Bar Counsel, ...

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Opinions – 8/22/13: 4th U.S. Circuit Court of Appeals

Workers’ Compensation Attorney’s fees under Black Lung Benefits Act  BOTTOM LINE: In former employer’s challenges to attorneys’ fees and other related fees awarded under Black Lung Benefits Act, the administrative law judge’s determination of prevailing market rates for attorneys was ...

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Opinions – 8/22/13: Maryland Court of Appeals

Professional Responsibility Sixty-day suspension  BOTTOM LINE: Where attorney, who had previously been disciplined for similar misconduct, failed to properly perform her fiduciary duties in respect to an escrow/trust account and failed to respond to letters from Bar Counsel, the appropriate ...

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Lawyer disbarred, another suspended after lengthy waits

Maryland’s top court took a dim view Monday of attorneys who not only evade taxes but help others do so as well and who dip into their client fund, disbarring one tax-averse attorney and indefinitely suspending another for at least six months.

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Opinions – 8/15/13: 4th U.S. Circuit Court of Appeals

Administrative Law Jurisdiction  BOTTOM LINE: District court lacked jurisdiction under Administrative Procedure Act to consider emergency petition to alter terms of bond fixed by U.S. Coast Guard for release of ship that had been detained and was under investigation, because ...

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