Maryland Courts

Certified Questions of Law Currently Before the Court of Appeals

September Term, 2013

For further information, please contact the Clerk's Office at 410-260-1500.

 

Department of Public Safety and Correctional Services v. John Doe - Misc. No. 1, September Term, 2013

Certified question from the Court of Special Appeals

Question - Do circuit courts have the authority to order the State to remove sex offender registration information from "federal databases"?

To be argued in the May, 2014 session of Court.

Counsel for appellant: Stuart M. Nathan, Michael O. Doyle
Counsel for appellee: Nancy S. Forster,

 

NVR Mortgage Finance, Inc. et al. v. Soren Carlsen - Misc. No. 11, September Term, 2013

Certified question from U.S. District Court of Maryland, Northern Division

Question - Is the Maryland Finder's Fee Act a statutory "specialty" law with a statute of limitations of twelve years under Maryland Courts and Judicial Proceedings Sec. 5-102(a)(6)?

To be argued in the June, 2014 session of Court.

Counsel for appellant: James Dunbar, John Thomas Prisbe, Matthew Ryan Alsip
Counsel for appellee: Jane Santoni, Scott C. Borison, Phillip R. Robinson

 

Joseph Antonio, et al. v. SSA Security, Inc., d/b/a Secutiry Services of America - Misc. No. 1, September Term, 2014

Certified Question from the United States Court of Appeals for the Fourth Circuit

Question - Does the Maryland Security Guards Act, Md. Code Ann., Bus. Occ. & Prof. Sec. 19-501, impose liability beyond common law principles of respondeat superior such that an employer may be responsible for off-duty criminal acts of an employee if the employee planned any part of the off-duty criminal acts while he or she was on duty?

To be argued in the December, 2014 session of Court.

Counsel for appellant: Ruthanne Mary Deutsch, Isabelle M. Thabault, Megan Whyte, Steven H. Schulman, Joseph L. Decker, Maka Y. Hutson
Counsel for appellee: Gary Alvin Bryant, Joseph P. Moriarty, J. David Crain, Gerry H. Tostanoski

Patriot Electric and Mechanical v. Manufacturers and Traders Trust Company - Misc. No. 2, September Term, 2014

Certified Question from the United States Bankruptcy Court for the District of Maryland

Questions - 1) Is a financing statement that does not contain the debtor's correct name and is not discoverable by searching for the debtor's correct name within the filing office records by utilizing the Search Logic promulgated by SDAT, but is otherwise discoverable if a searcher of the filing office records submits the correct beginning of the debtor's name utilizing the Search Logic, seriously misleading within the meaning of Sections 9-502(a)(1), 9-503(a)(1) and 9-506 of the Annotated Code of Maryland, Commercial Law Article? 2) How should the Search Logic instruction that requires a searcher to enter "as much or as little of the [debtor's] name [as the searcher] is certain of" be construed in the case of Section 544(a)'s hypthetical lien creditor who is statutorily mandated to be "without knowledge"?

To be argued in the January, 2015 session of Court.

Counsel for appellant: Ronald Drescher
Counsel for appellee: Richard A. DuBose, III