Law Digest

MARYLAND COURT OF APPEALS

Criminal Procedure: Deferral of sentence execution: Deferring the start date of a sentence for three years contingent upon defendant maintaining good behavior was not authorized by Md. Rule 4-348(d), and thus constituted an illegal sentence. Montgomery v. State, No. 89, September Term, 2007. RecordFax No. 8-0611-20, 17 pages.

Criminal Procedure: Inconsistent jury verdict: Guilty verdict for possession of a firearm during and in relation to a drug trafficking crime was inconsistent with not guilty verdicts on drug trafficking counts, and could not be permitted to stand. Price v. State, No. 19, September Term, 2007. RecordFax No. 8-0609-20, 39 pages.

Zoning: Law of the case doctrine: Law of the case doctrine did not apply to Court of Special Appeals' opinion, in the same proceeding, addressing a legal question pursuant to Rule 8-131(a) in order to provide guidance and to avoid the expense and delay of additional appeals. Garner, et al. v. Archers Glen Partners, Inc., et al., No. 126, September Term 2007. RecordFax No. 8-0609-21, 19 pages.

MARYLAND COURT OF SPECIAL APPEALS

Zoning: Preservation of issues: The question of whether a member of the City of Gaithersburg Historic District Commission lacked the requisite qualification at the time of appointment to the Historic District Commission was not properly preserved for appellate review of administrative decision. Halici v. City of Gaithersburg, Md., No. 1048, September Term, 2007. RecordFax No. 8-0530-02, 30 pages.

U.S. SUPREME COURT

Constitutional Law: Class-of-one equal protection claim: Because class-of-one theory of equal protection does not apply in the public employment context, public employee was not entitled to bring claim. Engquist v. Oregon Dept. of Agriculture, et al., No. 07-474. RecordFax No. 8-0609-33, 17 pages.

Criminal Law: Mail fraud: A plaintiff asserting a RICO claim predicated on mail fraud need not show, either as an element of its claim or as a prerequisite to establishing proximate causation, that it relied on the defendant's alleged misrepresentations. Bridge, et al. v. Phoenix Bond & Indemnity Co., et al., No. 07-210. RecordFax No. 8-0609-31, 21 pages.

Damages: Proof under False Claims Act: A plaintiff asserting a [section]3729(a)(2) claim must prove that the defendant intended that the false statement be material to the Government's decision to pay or approve the false claim. Allison Engine Co., Inc., et al. v. United States ex rel. Sanders, et al., No. 07-214. RecordFax No. 8- 0609-32, 10 pages.

Patents: Doctrine of patent exhaustion: Because License Agreement authorized the sale of components that substantially embodied the patents, exhaustion doctrine prevented licensee from further asserting patent rights with respect patents substantially embodied by those products. Quanta Computer, Inc. et al. v. LG Electronics, Inc., No. 06-937. RecordFax No. 8-0609-30, 19 pages.

U.S. 4th Circuit Court of Appeals

Immigration: Extradition treaty: Certified copy of appellate opinion of Italian court affirming in absentia conviction afforded reasonable basis to find probable cause for extradition under treaty between United States and Italy. Haxhiaj v. Hackman, U.S. Marshal, US4th No. 07-6836. RecordFax No. 8-0609-60, 15 pages.

U.S. District Court, Maryland

Securities: Collateral estoppel: Defendant could be collaterally estopped from relitigating issues resolved in a criminal case provided the five-part test set forth in Sedlack v. Braswell Servs. Group, 134 F.3d 219 (4th Cir. 1998) was met. S.E.C. v. Resnick, et al. USDMD No. CCB-05-1254. RecordFax No. 8-0603-40, 5 pages.

Torts: Removal to federal court: Where plaintiffs' amended complaint commenced a new action, case was removable to federal court under the Class Action Fairness Act of 2005. Lloyd v.General Motors Corp. et al., USDMD No. 07-2487. RecordFax No. 8-0606-40, 8 pages.

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