IN THE COURT OF APPEALS OF MARYLAND
Wednesday, May 2, 2012:
AG 19 Attorney Grievance Commission of Maryland v. David Arthur Ross
Attorney for Petitioner: Raymond A. Hein
Attorney for Respondent: Philip J. Santa Maria and David A. Ross
No. 93 Anthony M. Frazier v. Castle Ford, Ltd., f/k/a Crystal Ford Isuzu, Ltd.
Issues - Statutory - (1) Are punitive damages no longer available to a plaintiff after suit has been filed for deceptive practices if the compensatory damage sought by the plaintiff in the suit have been offered or paid by the defendant? (2) Does the tender of payment to a class representative plaintiff before the filing of a motion for class action certification require dismissal of the entire suit because there is no remaining controversy to adjudicate & therefore the claim is moot?
Attorney for Appellant: Leslie L. Gladstone
Attorney for Appellee: Douglas W. Biser
No. 117 Norman Iglehart and the Board of Education of Prince George's County v. Stephanie Lynn Marks-Sloan
Issues - Statutory Law - (1) Can an employee of a county board of education who receives workers’ compensation benefits for injuries sustained in the course & scope of her employment circumvent the exclusivity rule & sue her co-worker in a negligence action? (2) Does CJ Sec. 5-518 grant employees of county boards of education immunity from suit & judgment absent malice & gross negligence? (3) Did the lower court improperly rely upon the MD Tort Claims Act & the Local Government Tort Claims Act to determine that an employee of a county Board of Education may be sued in his individual capacity in a negligence action?
Attorney for Appellant: Abbey G. Hairston
Attorney for Appellee: Michael Winkelman
Thursday, May 3, 2012:
No. 111 O'Brien Atkinson, IV, et al. v. Anne Arundel County, Maryland
Issues - Constitutional Law - (1) Was it unlawful to amend the A. A. Co. Charter through charter revision to provide for binding arbitration of labor disputes? (2) Is A.A. Co. Bill No. 4-11 unlawful as its terms failed to comply with Secs. 812(a) & 812(b) of the County Charter by deleting from Sec. 6-4-111 of the County Code the provisions that provide for binding arbitration of labor disputes? (3) Is Sec. 6-4-111 of the County Code as enacted by A.A. Co. Council Bill No. 1-03 repeated in its entirety as a matter of law as provided in Sec. 3 of A.A. Council Bill No. 4-11 because the charter provision requiring binding arbitration for certain employees, Sec. 812, violates Art. XI-A, Sec. 3 of the MD Constitution? (4) Did Chapter 651 of the 2010 Laws of MD retroactively “authorize” Sec. 812 of the A.A. Co. Charter & therefore render Sec. 812 constitutional?
Attorney for Appellant: Joel A. Smith
Attorney for Appellee: David A. Plymyer
No. 116 Pro-Football, Inc., t/a Washington Redskins, et al. v. Darnerien McCants
Issue - Labor & Employment - Workers’ Compensation - Whether MD Workers’ Compensation Comm. has jurisdiction over injuries sustained by a professional football player when playing a game outside of the State of Maryland?
Attorney for Appellant: David O. Godwin, Jr.
Attorney for Appellee: Benjamin Boscolo and Gerald Herz
Misc. 14 Angela M. Anderson v. United States of America
Certified question of law: Whether Md. Ann. Code, Cts. & Jud. Proc. Sec. 5-109(a)(1) is a statute of limitations or a statute of repose?
Attorney for Appellant: Byron Leslie Warnken
Attorney for Appellee: Lewis Yelin
Monday, May 7, 2012:
AG 47 Attorney Grievance Commission of Maryland v. Denese Dominguez
Attorney for Petitioner: JaCina Stanton
Attorney for Respondent: Denese Dominguez
No. 108 State of Maryland v. Isaac Neger
Issue - Criminal Law - Did the lower court incorrectly reverse Respondentís conviction for counterfeiting based on its conclusion that the evidence was insufficient to show an intent to defraud another notwithstanding its agreement that Respondent recorded a deed he had altered as to the owners of the property in question to conform to his belief as to ownership?
Attorney for Appellant: Mary Anne Ince
Attorney for Appellee: Norman L. Smith
No. 120 Millicent Sumpter v. Sean Sumpter
Issue - Constitutional Law - Did the lower court err in refusing to vacate & remand the case to the trial court when the parties & the best interest attorney were not provided a copy of the custody investigation report in violation of constitutional due process?
Attorney for Appellant: Stephen J. Cullen
Tuesday, May 8, 2012:
No. 107 Maryland State Comptroller of the Treasury v. Bryan Wynne, et ux.
Issue - Statutory Law - Whether the trial court correctly struck down Sec. 10-703(a) because it imposes “multiple taxation” Goldberg v. Sweet, 488 U.S. 252, 261 (1989) in violation of the dormant Commerce Clause of the U.S. Constitution?
Attorney for Appellant: Brian L. Oliner
Attorney for Appellee: Christopher T. Handman
No. 122 S&S Oil, Inc v. Elaine W. Jackson
Issue - Tort Law - Whether a trial court may instruct a jury on the separate & distinct affirmative defenses of contributory negligence & assumption of the risk, yet only include a specific question on the verdict sheet as to contributory negligence, thus taking assumption of the risk away from the province of the jury & finding as a matter of law that assumption of the risk is included in the contributory negligence defense?
Attorney for Appellant: Robert B. Hetherington and Richard W. Evans
Attorney for Appellee: William L. Kohler, Jr. and Joseph Simcox
No. 123 Angel Ochoa v. Department of Corrections and Public Safety
Issue - Criminal Law - Is appellant subject to lifetime registration as a Tier III sex offender pursuant to Sec. 11-701 et. seq, Criminal Proc. Art. when the offenses for which appellant is compelled to register are not listed in the statute?
Attorney for Appellant: Eric H. Kirchman
Attorney for Appellee: Stuart M. Nathan and Lisa O. Arnquist
On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.
After May 8, 2012 the Court will recess until June 6, 2012.
BESSIE M. DECKER