Maryland Cases ©   Coverage   Help   Search Westlaw   Topic: AllBusiness Organizations LawCommercial Law & ContractsCriminal JusticeEducationFamily LawFinance & BankingGovernment BenefitsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProfessional MalpracticeReal PropertyTaxationTort LawWorkers Compensation Lisa WHITTAKER v. Terrance DIXON. , Md., November 18, 2009 BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. PER CURIAM ORDER. The petition for writ of certiorari in the above-entitled case having been granted and argued, it is this 18th day of November, 2009, ORDERED, by the Court of Appeals of Maryland, that the writ of certiorari be, and it is hereby, dismissed with costs, the petition having been improvidently granted. Dissenting Opinion by MURPHY, J., which ADKINS, J., joins and BELL, C.J., joins in part. The pe... ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Mina BAHGAT. , Md., November 18, 2009 BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. MURPHY, J. On September 3, 2009, this Court ORDERED ... that the Respondent, Mina Bahgat be, and he is hereby, disbarred, effective immediately, from the practice of law in this State and his name as an attorney has been stricken from the register of attorneys in this Court (Maryland Rule 16-713). Respondent shall pay all costs as taxed by the Clerk of this Court, including the costs of all transcripts, pursuant ... Lisa WHITTAKER v. Terrance DIXON. , Md., November 18, 2009 BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. PER CURIAM ORDER. The petition for writ of certiorari in the above-entitled case having been granted and argued, it is this 18th day of November, 2009, ORDERED, by the Court of Appeals of Maryland, that the writ of certiorari be, and it is hereby, dismissed with costs, the petition having been improvidently granted. Dissenting Opinion by MURPHY, J., which ADKINS, J., joins and BELL, C.J., joins in part. The pe... Devonte A. BROOKS, a minor, etc., et al. v. HOUSING AUTHORITY OF BALTIMORE CITY, et. al. , Md., November 17, 2009 Circuit Court for Baltimore City, Case No. 24-C-04-002014. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA, and JOHN C. ELDRIDGE (Retired, pecially assigned), JJ. BARBERA, J. We decide in this case whether the Housing Authority of Baltimore City ("HABC") enjoys governmental immunity from suits in tort if it has exhausted the limits of its commercial insurance policy in payment of prior claims. The case comes to us from the grant of summary judgment in favor of the HABC, the r... Jermaine Deeric ARRINGTON v. STATE of Maryland. , Md., November 17, 2009 Circuit Court for Montgomery County, Case No. 72728. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. ADKINS, J. After his conviction for second degree murder, Appellant Jermaine D. Arrington filed a motion for a new trial based on exculpatory DNA evidence pursuant to Maryland Code (2001, 2006 Supp.), Section 8-201 of the Criminal Procedure Article (CP), which the postconviction court denied. We vacate the postconviction court's order because the DNA evidence o... ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner v. David M. ROBATON, Respondent. , Md., November 17, 2009 ORDER Based upon the terms of the Joint Petition for Disbarment and Affidavit filed by David M. Robaton in accordance with Maryland Rule 16-772, and the written recommendation of Bar Counsel, it is this 17th day of November, 2009 ORDERED, by the Court of Appeals of Maryland, that David M. Robaton, be, and he is hereby, disbarred by consent from the practice of law in the State of Maryland; and it is further, ORDERED, that the Clerk of this Court shall strike the name of David M. Robaton fr... James A. THOMPSON v. STATE of Maryland. , Md., November 16, 2009 Circuit Court for Baltimore City, Maryland, Case No. 18809133-36. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. ADKINS, J. In this case we are asked to apply revisions enacted in 2008 to Maryland Code (2001, 2006 Cum.Supp.), Section 8-201 of the Criminal Procedure Article (CP), granting expanded remedies to certain convicted persons based on DNA evidence. We must decide whether to apply the 2008 revisions to this case, even though it was decided by the postc... Edwin WRIGHT v. STATE of Maryland. , Md., November 16, 2009 Circuit Court for Baltimore City, Case No. 106150030. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. ADKINS, J. Petitioner Edwin Wright was charged with possession of cocaine, possession of cocaine with intent to distribute, and unlawful distribution of cocaine. Wright was tried before a jury in the Circuit Court for Baltimore City, found guilty on the first two charges, and sentenced to twenty-five years in prison. During jury selection, the trial court cond... CSR, LIMITED v. Andrea TAYLOR, et al. , Md., November 16, 2009 BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, JOHN C. ELDRIDGE (Retired, Specially Assigned) and IRMA S. RAKER (Retired, Specially Assigned), JJ. GREENE, J. This case requires us to determine whether the Circuit Court for Baltimore City would have been justified in exercising in personam jurisdiction over Petitioner, Colonial Sugar Refining Co., Ltd. ("CSR"), an Australian business entity, under the circumstances presented in this case. Andrea Taylor and Mary Fuchsluger (collectively, "... ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. David M. ROBATON. , Md., November 16, 2009 Circuit Court for Baltimore City, Case No. 24-C-08-005681 AG. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS, and BARBERA, JJ. BARBERA, J. The Attorney Grievance Commission of Maryland ("Petitioner"), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a), [FN1] filed a Petition for Disciplinary or Remedial Action against David M. Robaton, Respondent. On August 22, 2008, Bar Counsel charged Respondent with violating the following Maryland Rules of Professional Con... ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. George S. JAROSINSKI. , Md., November 16, 2009 Circuit Court for Baltimore County, Case No. 03-C-08-011540 OC. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. BARBERA, J. The Attorney Grievance Commission of Maryland ("Petitioner"), acting through Bar Counsel and pursuant to Maryland Rule 16-751(a), [FN1] filed a Petition for Disciplinary or Remedial Action ("Petition") against George S. Jarosinski, Respondent. Bar Counsel charged Respondent with violating the following Maryland Lawyers' Rules of Professio... ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. Richard Nelson FOLTZ, III. , Md., November 13, 2009 Holdings: The Court of Appeals, Battaglia, J., held that: (1) attorney's conduct in depositing into his attorney trust account money that client loaned to attorney and rents from property attorney managed violated rule of professional conduct; (2) attorney violated rule regarding comingling of funds in trust account; (3) attorney violated rule of professional conduct that provided that it was professional misconduct for a lawyer to engage in conduct involving dishonesty by using trus... STATE of Maryland v. John Wesley HUNTLEY, Jr. , Md., November 12, 2009 Holding: The Court of Appeals, Harrell, J., held that State's use of a nolle prosequi of charges against defendant did not circumvent 180-day time period for commencing trial. Vacated and remanded. Greene, J., dissented and filed opinion, in which Bell, C.J., joined. Circuit Court for Wicomico County, Case No. 22-K-07-000833. BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. HARRELL, J. [1] Under Maryland Code, Criminal Procedure Article § 6-103(a) [FN... Nathan SHENKER, et al. v. LAUREATE EDUCATION, INC., et al. , Md., November 12, 2009 Holdings: After granting petition, the Court of Appeals, Harrell, J., held that: (1) directors owed shareholders common law fiduciary duties of candor and maximization of value in connection with cash-out merger; (2) statute setting forth duties directors owed when they undertook managerial decisions on behalf of a corporation did not provide the sole source of directorial duties, and other common law duties remained in place; (3) shareholders could sue directors directly for the breach... Beulah ADDISON v. LOCHEARN NURSING HOME, LLC d/b/a/ Futurecare-Lochearn. , Md., November 10, 2009 BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ. BATTAGLIA, J. In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl.Vol.), [FN1] permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the jud... UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION, et al. v. Rebecca Marie WALDT, et al. , Md., November 10, 2009 Holdings: After granting certiorari, the Court of Appeals, Greene, J., held that: (1) reading journals, observing procedures, discussing patients with former colleagues and attending conferences did not constitute "professional activities," for purposes of determining whether retired interventional neuroradiologist was qualified to testify under the 20 percent rule; and (2) trial court did not abuse its discretion by finding that testimony of interventional neuroradiologist on patient's inf... ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner v. Deairich Ray HUNTER, Respondent. , Md., November 6, 2009 ORDER Upon consideration of the petition for disciplinary aor remedial action based upon reciprocal discipline filed in the above entitled matter and no response having been made by Deairich Ray Hunter, the respondent, to the show cause order, it is this 6th day of November, 2009 ORDERED, by the Court of Appeals of Maryland, that Deairich Ray Hunter be, and he is hereby, disbarred, effective immediately, from the further practice of law in the State of Maryland; and it is further, ORDERED,... In re Application for Resignation of Alan H. STOCKSDALE. , Md., November 6, 2009 ORDER Upon consideration of Allen H. Stocksdale's Petition for Resignation of Attorney and any opposition thereto, it is this 6th day of November, 2009, by the Court of Appeals, hereby ORDERED, that Alan H. Stocksdale's Petition for Resignation of Attorney is hereby accepted by this Court; and it is further ORDERED, that the Clerk of this Court shall strike the Petitioner's name from the register of attorneys in this Court and certify to the Trustees of the Client Protection Fund of the Ba... FORD MOTOR Credit COMPANY, v. Nicole FERRELL, et al. , Md.App., November 2, 2009 DAVIS, HOLLANDER and WRIGHT, JJ. WRIGHT, J. John and Sarah Shumaker, appellees, [FN1] filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company ("FMC"), appellant, for alleged violations of the following statutes: 1) Maryland's Credit Grantor Closed End Provisions ("CLEC"), Md.Code (1975, 2005 Repl.Vol.), Commercial Law Article ("CL") § § 12-1001 et seq.; 2) Maryland's Consumer Protection Act ("CPA"), CL § § 13-101 et seq.; and 3) Maryland's R... Charles F. WILLIAMS, Jr. v. STATE of Maryland. , Md.App., October 30, 2009 WRIGHT, MATRICCIANI, RODOWSKY, LAWRENCE F. (Retired, Specially Assigned), JJ. MATRICCIANI, J. Appellant Charles F. Williams, Jr. appeals the judgment of the Circuit Court for Prince George's County convicting him of unlawful possession of a handgun. On October 6, 2008, the court sentenced Williams to three years of incarceration, with all but one year suspended, for violating Md.Code (2002), § 4 -203(a)(1)(i) of the Criminal Law Article ("CL"). Appellant presented four issues for our co... Jennifer Laird GREEN v. William R. GREEN, Jr., et al. , Md.App., October 30, 2009 DEBORAH S. EYLER, MEREDITH and JAMES A. KENNEY, III, (retired, specially assigned), JJ. KENNEY, J. Jennifer Laird Green ("Mother"), appellant, and William R. Green, Jr. ("Father"), appellee, entered into a Modified Custody Agreement (the "Custody Agreement") providing them with joint legal and physical custody of their daughter, Madison, "as specified [in the Custody Agreement]." The Custody Agreement provided that Madison would reside with Mother's aunt and uncle (the "Millers"). The Cu... John B., III and Nancy V. POSEY v. COMPTROLLER OF the TREASURY. , Md.Tax, October 29, 2009 MEMORANDUM OF GROUNDS FOR DECISION The sole issue on appeal from this case is whether the Petitioners, Dr. John B. Posey, III and Nancy V. Posey (hereinafter Dr. Posey, Mrs. Posey or collectively, the Poseys) abandoned their Maryland domicile in 2003 while establishing a new domicile in Maine. The Comptroller contends that the Poseys did not sever their domicility with Maryland until 2006, when they set up a new domicile in Louisiana. The Poseys contend that they had severed their ties with Mary... OLDE SEVERNA PARK IMPROVEMENT ASSOCIATION INC. v. John BARRY et ux. , Md.App., October 29, 2009 DAVIS, SALMON and EYLER, JAMES R., JJ. DAVIS, J. In 2003, John and Karen Barry, appellees/cross-appellants, [FN1] sought to construct a driveway to their .35 acre property (the Barry Parcel) in Severna Park, Maryland. Appellees proposed to construct the driveway over a swath of unimproved land (the Undeveloped Land) that abutted the western boundary of their property in order to reach an improved roadway on Park Drive (the Improved Roadway). Both the Undeveloped Land and the Improved Road... Melody ELSTE v. ISG SPARROWS POINT, LLC, et al. , Md.App., October 29, 2009 DEBORAH S. EYLER, MEREDITH and KEHOE, JJ. EYLER, DEBORAH S., J. This appeal arises from an order of the Workers' Compensation Commission ("Commission") awarding Melody J. Elste, the appellant, temporary total disability benefits for an injury suffered in the course of her employment with ISG Sparrows Point, LLC ("Sparrows Point"). Sparrows Point and its insurer, American Zurich Insurance Company, collectively, the appellees, petitioned for judicial review in the Circuit Court for Baltimor... GEBHARDT & SMITH LLP v. MARYLAND PORT ADMINISTRATION. , Md.App., October 29, 2009 SALMON, ZARNOCH and GRAEFF, JJ. GRAEFF, J. This appeal arises from a dispute between Gebhardt & Smith LLP ("Gebhardt & Smith"), appellant, and the Maryland Port Administration ("MPA"), appellee, over a lease ("Lease") for office space in the Baltimore World Trade Center ("WTC"). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building's operating expenses. In 2003, a dispute arose regarding the charges for ope... WINCOPIA FARM, LP v. Martin L. GOOZMAN, et al. , Md.App., October 29, 2009 EYLER, DEBORAH S., ZARNOCH, MATRICCIANI, JJ. EYLER, DEBORAH S., J. Wincopia Farms, LP ("WFLP"), the appellant, challenges a February 13, 2008 decision by the Circuit Court for Howard County denying its motion to stay foreclosure sale. The appellees are Martin L. Goozman and Jeffrey W. Bernstein, the Substitute Trustees on a deed of trust on 124.17 acres of land in Howard County ("The Property"). As framed by WFLP, the sole question presented is, Where a mortgagor is subjected to fr... Shoaib HASHMI v. Troy BENNETT, et al. , Md.App., October 28, 2009 HOLLANDER, JAMES R. EYLER, and WOODWARD, JJ. WOODWARD, J. This appeal arises from the death of twenty-seven year old Adrian Tyree Bennett ("Adrian") from septic shock on April 23, 2003. A jury sitting in the Circuit Court for Baltimore City found that appellant, Shoaib A. Hashmi, M.D., was negligent in his care and treatment of Adrian and that his negligence caused Adrian's death. On October 25, 2006, the court entered judgment on the verdict against appellant and in favor of appellees, T... Anthony DICKSON a/k/a Robert Louis Dixon v. STATE of Maryland. , Md.App., October 28, 2009 EYLER, DEBORAH S., MEREDITH, KENNEY, JAMES A., III (Retired, Specially Assigned), JJ. EYLER, DEBORAH S., J. A jury in the Circuit Court for Baltimore City convicted Anthony Dickson, a/k/a Robert Louis Dixon, the appellant, of first-degree murder and carrying a weapon with intent to injure in the shooting death of 16-year-old Robert "Butch" Martin. The court imposed a life sentence for the murder conviction and a consecutive sentence of three years for the weapon conviction. The appella... Ralph Coleman BROWN, Jr. v. HANDGUN PERMIT REVIEW BOARD. , Md.App., October 28, 2009 SALMON, MEREDITH and RAYMOND G. THIEME JR., (Retired, specially assigned), JJ. MEREDITH, J. The Maryland State Police ("MSP") denied the application of Ralph Coleman Brown, Jr., appellant, to renew his permit to carry, wear, or transport a handgun. Initially, the MSP informed Brown by letter that his application was denied due to his "propensity for instability." But, at an informal review of the decision to deny, the MSP informed Brown in person that the real reason was his 1984 convicti... UNIVERSITY OF MARYLAND MEDICAL SYSTEM CORPORATION, et al. v. Rebecca Marie WALDT, et al. , Md., October 27, 2009 © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com