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.

 

Joseph Antonio, et al. v. SSA Security, Inc., d/b/a Security 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

State of Maryland, et al. v. G & C Gulf, Inc., et al. - Misc. No. 4, September Term, 2014

Certified question of law from the Court of Special Appeals

Questions - 1) Whether there is a justiciable controversy between the parties? 2) Whether Md. Code Ann., Transp. (1977, 2012 Repl. Vol., 2013 Supp.)("Transp.") §§ 21-10A-04(a)(3) and 21-10A-04(a)(4) are arbitrary, oppressive, or unreasonable and, thus, unconstitutional under Article 24 of the Maryland Declaration of Rights; and, if so, whether Transp. §§ 21-10A-04(a)(3) and 21-10A-04(a)(4) are severable? 3) Whether Transp. § 21-10A-04(a)(7) is void for vagueness and, thus, unconstitutional under the Due Process Clause of the Fourteenth Amendment to the United States Constitution; and, if so, whether Transp. § 21-10A-04(a)(7) is severable?

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

Counsel for appellant: Bradley J. Neitzel, Julia Doyle Bernhardt, Kathryn Lloyd
Counsel for appellee: Frederic J. Einhorn

Roger Schlossberg, Chapter 7 Trustee v. Bell Builders Remodeling, Inc., et al. - Misc. No. 5, September Term, 2014

Certified question of law from the United States Bankruptcy Court for the District of Maryland.

Question - Would meeting the factors set forth in DeWitt Truck Brokers v. W. Ray Flemming Fruit Co., 540 F.2d 681-87 (4th Cir. 1976), be sufficient to establish a paramount equity, in the absence of common law fraud, to warrant piercing the corporate veil?

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

Counsel for appellant: Bradshaw Rost
Counsel for appellee: Charles R. Claxton, Kenneth S. Kaufman