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Maryland upholds use of fair reporting and comment privilege as basis for dismissing defamation suit

In Nicholas A. Piscatelli v. Van Smith, et al., No. 18, Sept. Term 2011 (Jan 23, 2012), the Maryland Court of Appeals affirmed that the reporters published articles in the City Paper, which described Nicholas Piscatelli’s possible connection to a double murder in an unflattering light, were within the protective embra… Read More
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Categories: Defenses, Maryland

Minimum contacts analysis for personal jurisdiction over foreign components manufacturer

In Robert Windsor, Jr., et al., v. Spinner Industry Co., Ltd., et al., Civil No. JKB 10-114 (D.Md. Dec. 15, 2011), the U.S. District Court for the District of Maryland analyzed the appropriate standard by which to determine whether a foreign corporation has sufficient minimum contacts in order to assert personal jurisdictio… Read More
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Premises Liability: Maryland Court of Appeals clarifies assumption of risk defense in black ice case

In George Poole v. Coakley Williams Construction, Inc., et al., No. 130 Sept. Term 2010 (Oct. 27, 2011), and Mary Thomas v. Panco Management of Maryland, LLC, No. 133 Sept. Term 2010 (Oct. 31, 2011) the Court of Appeals overruled the Court of Special Appeals decision in Mary Thomas v. Panco Management of Maryland, LLC, et a… Read More
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Categories: Defenses, Maryland

Maryland Premises Liability:  Nightclub subject to suit for injuries to patron beaten on dance floor

In Troxel v. Iquana Cantina, LLC, No. 820, September Term, 2010 (Md. App. October 3, 2011), plaintiff was a patron at a nightclub, where on a “college night” he was attacked and beaten on the dance floor by several unknown individuals. The Circuit Court granted summary judgment to the defendants, holding that th… Read More
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Categories: Maryland

Confidential Settlements are Discoverable to Determine Joint Tortfeasor Status and Contribution

In Richard Tempel, et al. v. Elena L. Murphy, et al., No. 1199 Sept. Term 2010 (Oct. 28, 2011), the Court of Special Appeals addressed two questions: (1) whether a non-settling defendant has a right to inspect the settling defendants settlement agreements prior to judgment; and (2) whether Plaintiffs’ evidence of the… Read More
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Categories: Contribution, Maryland

STATUTORY IMMUNITY FOR PROPERTY OWNERS IN LEAD PAINT CASES HELD UNCONSTITUTIONAL

In Zi’Tashia Jackson, et al, v. The Dackman Company, et al., No. 131, Sept. Term 2008 (Oct. 24, 2011), the Court of Appeals declared that the provisions in the Reduction of Lead Risk in Housing Act (Md. Code Ann. Environment sec. 6-801, et seq.) which grant the owners of certain rental properties, under specified cond… Read More
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Maryland Act construed to include loss of overtime pay in loss of “wage earning capacity”

In Montgomery County v. Deibler, ___ A.2d. ___ (Md. Oct. 27, 2011), the Maryland Court of Appeals considered the issue whether the term “wage earning capacity” in L.E. sec. 9-615(a)(1) includes the capacity to earn overtime compensation so that the Commission may include such compensation in the determination of… Read More
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Twombly Motion Resolves Civil Rights Claim Arising From Suspicion of Shoplifting

Shoplifting can cause retailers to incur costs far greater than simply the value of the items stolen. Even when the store and its employees act in the utmost good faith, someone accused of shoplifting can turn around and sue the store. These suits sometimes include claims of racial discrimination. Until recently, it was dif… Read More
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Swigert Settlement Does Not Extinguish Non-Settling Party's Claim for Contribution, Even In Absence Of A Cross-Claim

In the consolidated appeals of Wycinna L. Spence v. Emerson R. Julian, Jr., et al., No. 2764 Sept. Term 2009 and Emerson R. Julian, Jr., et al. v. Mercy Medical Center, Inc., et al., No. 1511, Sept. Term 2010 (Oct. 26, 2011), the Court of Special Appeals addressed whether a non-settling defendant has a right to pursue a cla… Read More
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Categories: Contribution, Maryland

Impeachment with a prior conviction of an infamous crime, in Maryland

In Deltavia Cure v. State of Maryland, No. 135 Sept. Term 2010 (Md., Aug. 16, 2011), the Court of Appeals discussed the process by which a trial court evaluates whether to allow a witness’s prior conviction for an infamous crime to be used against him for impeachment purposes. The trial court must first look to Maryla… Read More
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Categories: Maryland