Maryland Courts

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2013

 

Granted September 20, 2013

Sonia Carter, et al. v. The Wallace & Gale Asbestos Settlement Trust - Case No. 84, September Term, 2013

Issues – Torts – 1) Did CSA err in its decisions that the trial court should have admitted the testimony and opinion of Respondent’s expert and should have instructed the jury on apportionment of damages? 2) Did CSA err in its conclusion that the use plaintiffs were required to join the action with a formal pleading and are now barred by the statute of limitations?

Robert W. Coffee v. Rent-A-Center Inc., et al. - Case No. 92, September Term, 2013

Issue – Workers’ Compensation – Did the trial court correctly grant summary judgment in favor of appellees based on a finding that when an award of Workers’ Compensation permanent partial disability benefits is increased on appeal, credit for payments made under the previous award should be expressed in weeks rather than dollars?

Richard A. Elms v. Renewal by Anderson - Case No. 89, September Term, 2013

Issues – Workers’ Compensation – 1) Did CSA err in holding that a Labor & Empl. Art. § 9-508 (“statutory employer”) analysis must precede a common law employment analysis? 2) Did the Workers’ Compensation Commission misconstrue the law as it applied to the facts under Labor & Empl. Art. § 9-745 when it determined that Petitioner was an independent contractor?

Florida Rock Industries, Inc., et al. v. Jeffrey P. Owens - Case No. 91, September Term, 2013

Issue – Workers’ Compensation – Whether the statutory credit provided in § 9-633 of the Workers’ Compensation Act should be calculated based on the number of weeks of benefits previously paid or on the dollar amount of the benefits previously paid?

G.E. Frisco Co. Inc., et al. v. Anthony Oliver - Case No. 88, September Term, 2013

Issue – Workers’ Compensation – Was the trial court correct in granting summary judgment to Petitioners and affirming the decision of the Workers’ Compensation Commission that the accidental injury claim was barred by the statute of limitations?

Madison Park North Apartments, L.P. v. The Commissioner of Housing & Community Development - Case No. 83, September Term, 2013

Issues – Housing and Community Development – 1) Is the Baltimore City regulation requiring multiple family housing license holders to “prevent” criminal activity void for vagueness? 2) If the CSA standard that a license holder must “hinder or impede” criminal activity is correct, was the substantial evidence that Petitioner failed to “hinder or impede” crime at MPNA? 3) Did CSA impermissibly shift the burden of proof to Petitioner? 4) Did Respondent violate Petitioner’s due process rights by prejudging, or giving the appearance of prejudgment, when it stated in a notice of hearing that “[t]here is sufficient evidence to establish that MPNA” failed to prevent crime?

Muriel Peters v. Early Healthcare Giver, Inc. - Case No. 86, September Term, 2013

Issues – Labor & Employment – 1) Are overtime wages recoverable under the MD Wage Payment and Collection Law (MWPCL)? 2) In a bench trial, is it an abuse of discretion to fail, without explanation, to award treble damages under the MWPCL where there is no claim of bona fide dispute? 3) Should any award of up to treble damages under MWPCL be made in addition to the award of unpaid wages?

Lori A. Robinette v. Luan Hunsecker - Case No. 90, September Term, 2013

Issue – Estates & Trusts – Did the trial court err in granting a constructive trust to alienate pension plan benefits where the deceased agreed to transfer a portion of his pension to Respondent but all other claims, demands and interests were expressly waived?

State of Maryland v. Joseph William Payne and Jason Bond - Case No. 85, September Term, 2013

Issues – Criminal Law – 1) May a trial court allow a lay witness, without qualification as an expert, to testify about objectively verifiable facts regarding cell phone towers that do not involve the witness forming any opinion or drawing any inference or conclusion? 2) Did CSA err in ruling that wiretap statements made by Respondent Bond but not Respondent Payne were nevertheless admissible against Payne as statements by a party-opponent?

Waterkeeper Alliance, Inc., et al. v. Maryland Department of Agriculture, et al. - Case No. 87, September Term, 2013

Issues – Agriculture – 1) Did CSA err in broadly interpreting an exemption to disclosure under the Maryland Public Information Act, where such exemptions must be construed narrowly and in favor of disclosure? 2) Did CSA err in holding that Agriculture Art. § 8-801.1(b)(2) applies to all types of nutrient management records maintained for any period of time where the plain language expressly applies only to nutrient management plan summaries maintained by the MD Dept. of Agriculture for three years or less? 3) Did CSA err in deferring to the MD Dept. of Agriculture’s interpretation of Ag. Art. § 8-801.1(b)(2), where that expansive interpretation conflicts with the narrowly-tailored exemption to disclosure provided by the plain language of the statute?

W.R. Grace & Co., et al. v. Andrew Swedo - Case No. 82, September Term, 2013

Issue – Workers’ Compensation – Did CSA err in holding that credit for compensation already paid when a permanency award is reversed on appeal should be given in terms of dollars instead of weeks?

 

Denied September 23, 2013

Abbasi v. Beall - Pet. Docket No. 262
Andrulonis v. Reilly - Pet. Docket No. 196
Benett, Tijee v. State - Pet. Docket No. 206
Brault Graham, LLC v. Law Offices of Peter G. Angelos - Pet. Docket No. 210
Brethren Mutual Ins. Co. v. Suchoza - Pet. Docket No. 247
Brown, Corey v. State - Pet. Docket No. 226
Brown, Vernon E. v. State - Pet. Docket No. 264
Burns v. Bechtel Corp. - Pet. Docket No. 278
C&D Concrete v. Davidson - Pet. Docket No. 242
Carey v. Orphan's Court for Anne Arundel County - Pet. Docket No. 259
Carr, William v. State - Pet. Docket No. 283
Carter v. Housing Authority of Baltimore City - Pet. Docket No. 228
Christian, Mark, II v. State - Pet. Docket No. 250
Cipriani, Frank Orazio v. State - Pet. Docket No. 284
Clark, Joseph Jerome v. State - Pet. Docket No. 237
Clark v. Prince George's County - Pet. Docket No. 223
Clayton v. VHG Associates - Pet. Docket No. 275
Cook, Nathaniel Lamont v. State - Pet. Docket No. 233
Courtney, Dwight Alvin, II v. State - Pet. Docket No. 232
Cox, Donald Ray, Jr. v. State - Pet. Docket No. 258
Davis, Kevin v. State - Pet. Docket No. 83
Dimond v. Farber Legal - Pet. Docket No. 253
Dugan v. Prince George's County - Pet. Docket No. 239
Dugan v. Prince George's County - Pet. Docket No. 240
Duncan v. Buonassissi - Pet. Docket No. 269
Dyer v. Maryland State Board of Education - Pet. Docket No. 270
Edgewood Management Corp. v. Jackson - Pet. Docket No. 276
Estate Recoveries, Inc., et al. v. Mobley - Pet. Docket No. 263
Evans, Maurice L. v. State - Pet. Docket No. 257
Farside Community Association v. Redding - Pet. Docket No. 218
Fisher v. Fisher - Pet. Docket No. 222
Franklin, Antonio v. State - Pet. Docket No. 399 *
Franklin, Ernest v. State - Pet. Docket No. 231
Frobouck, Chad Eason v. State - Pet. Docket No. 224
Garliss v. Covahey, Boozer, Devan & Dore - Pet. Docket No. 241
General Growth Properties v. Bracey - Pet. Docket No. 238
Gibbs, Franklin v. State - Pet. Docket No. 208
Graney v. Adams - Pet. Docket No. 229
Hagans, Warren Charles, Jr. v. State - Pet. Docket No. 267
Hale v. Mariner Finance - Pet. Docket No. 273
Harper, Victor Steven v. State - Pet. Docket No. 204
Henson, Julius v. State - Pet. Docket No. 272
Huang v. Centex Homes - Pet. Docket No. 205
Huggins v. Mayor and City Council of Baltimore - Pet. Docket No. 243
In re Ma'kayla H. - Pet. Docket No. 234
Jenkins, George Robert v. State - Pet. Docket No. 236
Johns Hopkins Hospital v. Scott - Pet. Docket No. 215
Johnson, Lonnie Donnell v. State - Pet. Docket No. 133
Kiggins, Steven Mark v. State - Pet. Docket No. 260
Lavine v. Montgomery County - Pet. Docket No. 251
Lee v. Lee - Pet. Docket No. 280
M&I Investments v. Crondall Liquors - Pet. Docket No. 281
Marks v. Maryland State Retirement & Pension System - Pet. Docket No. 227
McClung, Virgil Ira, Jr. v. State - Pet. Docket No. 265
Monbo v. Morgan Properties - Pet. Docket No. 135
Nouet, Wanda v. State - Pet. Docket No. 175
Para v. 1691 Limited Partnership - Pet. Docket No. 209
Parks, Thracy Robin v. State - Pet. Docket No. 216
Peaks v. Johnson - Pet. Docket No. 256
Redfearn, Daryl v. State - Pet. Docket No. 271
Rice, Robert William, Jr. v. State - Pet. Docket No. 364
Richardson v. Miller - Pet. Docket No. 195
Roberson v. Pope - Pet. Docket No. 193
Robertson v. Dept. of Labor, Licensing & Regulation - Pet. Docket No. 211
Robinson, Anthony Eugene v. State - Pet. Docket No. 268
Security Title Guarantee Corp. of Baltimore v. Widdowson & Dashiell, P.A. - Pet. Docket No. 255
Stewart v. SCL Corporation - Pet. Docket No. 86
Taylor, Eric Sylvester v. State - Pet. Docket No. 244
Taylor, Walter Raymond, Jr. v. State - Pet. Docket No. 249
Ucheomumu v. Montgomery Co. Dept. of Health and Human Service - Pet. Docket No. 198
Wise, Susan Jane v. State - Pet. Docket No. 109
Yatman v. Sami - Pet. Docket No. 144



* September Term, 2012