Week in Review - Legal Edition

Daily Record, The (Baltimore), Aug 4, 2008

Elevator falls in Towson courthouse

A Baltimore County Circuit Court elevator awaiting renovation suddenly dropped less than two feet after the door malfunctioned Wednesday morning, sending one man to a local hospital, county officials said. The public elevators, which date from the building's opening in 1973, are all being renovated in groups of two as part of a $2.5 million project, said David Fidler, a spokesman for the Department of Public Works. One group on the building's south side has been modernized already, and another is currently being worked on, said Peter J. Lally, the court's administrator. A group of four people was inside elevator No. 10 in the building's north side as it opened on the first floor just before 11 a.m. Wednesday, said Fidler. When the door closed, the elevator dropped between 18 and 20 inches before triggering the elevator's safety function, he said.

Judge dismisses suit over MHIP termination

A judge has thrown out David Brooks' lawsuit against the Maryland Health Insurance Plan, agreeing with the state insurer of last resort that it afforded the Columbia man due process before terminating his coverage last November. Brooks, a consultant and landlord who works in Washington, D.C., had sued MHIP in September after the agency determined he was not a Maryland resident and thus not eligible for coverage. Thanks to court orders over the past two months and a concession by MHIP just before last week's trial in Baltimore City Circuit Court, Brooks has been recognized as a state resident and has been reinstated to the plan. But questions about the process by which his insurance was revoked and whether he should be compensated for nearly $7,000 in out-of-pocket costs he incurred while he was not covered were put to Baltimore City Circuit Judge Albert J. Matricciani Jr., who granted MHIP's motion to dismiss the case.

Telos' counterclaims survive challenge

Defense contractor Telos Corp. can continue to sue two of its own directors for threatening to sue its independent auditors, a judge in Baltimore has ruled. The directors, Seth W. Hamot and Andrew R. Siegel, say the Ashburton, Va.-based company has shut them out of management decisions and is withholding information from them. Telos, though, contends the men are trying to force the company into receivership through litigation. The company filed a counterclaim for tortious interference with contract, tortious interference with prospective business relations and breach of fiduciary duty. It alleges that Hamot's and Siegel's threats to sue its auditing firm forced it to withdraw. Hamot and Siegel asked Judge Albert J. Matricciani Jr. to dismiss the counterclaim, arguing that they have a First Amendment right to sue or threaten to sue under a line of Supreme Court decisions in antitrust cases known as the Noerr- Pennington doctrine.

Blogger, police chief settle defamation suit

Salisbury's police chief and an Internet blogger have settled a defamation case that was scheduled to go to trial Wednesday. The parties reached a settlement on "non-monetary terms," ending the need to proceed with the trial, according to the blogger's Web site and The (Salisbury) Daily Times. Police Chief Allan Webster filed the $9,999 lawsuit last March in Wicomico County District Court against Joseph Albero, founder of the Web site Salisbury News. The case was transferred to Worcester County Circuit Court last August. In his lawsuit, Webster claimed that Albero posted false and defamatory statements about him. Webster also claimed that Albero stalked him. On his blog this morning, Albero wrote that "the parties have resolved their disagreement on non-monetary terms" and explained the case was taken off the docket. He did not provide further details on the settlement.