Maryland Court Digests: August 13, 2007

Daily Record, The (Baltimore), Aug 13, 2007 by The Daily Record

MARYLAND COURT OF APPEALS

Administrative, Review of administrative decisions: A circuit court's review of an administrative agency decision is not appealable under CJ [section]12-302. Dvorak, et al., v. Anne Arundel Ethics Commission, No. 143, September Term, 2006.

Commercial Law, Intentional misrepresentation by borrower: Borrower was liable for losses sustained on a mortgage where evidence showed borrower engaged in intentional misrepresentation. Diamond Point Plaza Limited Partnership v. Wells Fargo Bank, N.A., No. 126, September Term, 2006; Wal-Mart Stores, Inc. and Sam's PW, Inc. v. Wells Fargo Bank, N.A., No. 128, September Term, 2006.

Criminal Procedure, Contempt: Circuit court erred in proceeding summarily in contempt proceeding against attorney after it failed to punish the crime at the time of occurrence and upon an express finding of direct contempt. King v. State, No. 134, September Term, 2006.

Education, Funding of charter schools: State Board of Education did not err in requiring county school boards to disburse to public charter schools in their jurisdictions an amount of county, state, and federal money commensurate with the amount disbursed to other public schools in the jurisdiction. Baltimore City Board of School Comm. v. City Neighbors Charter School. No. 100, Board of Education of Prince George's County v. Lincoln Public Charter School, Inc., No. 121, September Term, 2006.

Education, Scope of the IDEA: Parents' due process claim under the IDEA was dismissed for lack of subject matter jurisdiction because the disputed question was a medical or ethical one, and not a special education issue. John A., et ux v. Board of Education for Howard County, No. 132, Sept. Term 2006.

Evidence, Accountant-client privilege: The accountant-client privilege does not recognize an exception for fraud in an action under the Fraudulent Conveyance Act. BAA, plc, et al. v. Acacia Mutual Life Ins. Co., et al., No. 19, Sept. Term 2006.

Evidence, Other crimes evidence: Circuit court erred in permitting testimony of victim in prior rape prosecution where that testimony could only have established defendant's propensity to commit rape. Hurst v. State, No. 124, September Term, 2006.

Professional Responsibility, Concealment of material fact: Attorney violated MRPC 8.4(c) (Misconduct) when, during an employment application process, she intentionally deceived her prospective employer into believing that she and her husband had a "purely" employer-employee relationship. Attorney Grievance Commission v. Floyd, Misc. AG No. 31, Sept. Term 2006.

Professional Responsibility, Disbarment for misprision of a felony: Respondent's federal conviction for misprision of a felony constituted a criminal act involving dishonesty, fraud, and misrepresentation warranting disbarment. Attorney Grievance Commission v. Wingerter, Misc. AG No. 71, September Term, 2005.

Torts, Absolute immunity: Circuit court erred in finding police officer defendants had absolute, rather than qualified, immunity in suit alleging defamation in application for search warrant. Smith, et al. v. Danielczyk, et al., No. 133, September Term, 2006.

Zoning, Historic district zoning: Rockville Mayor and City Council were not required, when designating as historically/ architecturally significant a particular parcel of property, to consider the economic feasibility of preserving that property, even when the designation proceedings were instituted in response to a demolition permit. Casey v. Mayor and City Council of Rockville, No. 85, September Term 2006.

U.S. 4TH CIRCUIT COURT OF APPEALS

Telecommunications, Subscriber incentives: Value of incentives offered to subscribers by incumbent telecommunications providers extending beyond 90 days must be reflected in retail rate used to compute wholesale rate to be charged to competing providers. BellSouth Telecommunications, Inc. v. Sanford, et al., No. 06-1678.

U.S. DISTRICT COURT, MARYLAND

Civil Procedure, Discovery sanction under FRCP 26(g)(3): Magistrate Judge erred in proposing to sanction plaintiff pursuant to FRCP 26(g)(3) because plaintiff and failed to make reasonable inquiries into the reliability of plaintiff's own expert's report. MMI Products, Inc. v. Long, Civil No. PJM 03-2711.

Constitutional Law, Dormant Commerce Clause: The Maryland Commercial Electronic Mail Act (MCEMA) does not violate the Dormant Commerce Clause; state statutes regulating spam do not unduly burden interstate commerce and the benefits of MCEMA clearly outweigh the burden on e-mail advertisers. Beyond Systems, Inc. v. Keynetics, Inc., et. al., Civil No. PJM 04-686.

Insurance, Remedies under National Flood Insurance Program: Bivens remedy is not appropriate where Congress has already provided a comprehensive remedy for aggrieved insureds under National Flood Insurance Program. Moffett v. Computer Sciences Corp., et al., Civil No. PJM 05-1547.