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   State Courts - Maryland - January 9 - January 12, 2007

  
Ctr. Ins. Co. v. J.T.W., No. 52, September Term, 2006, No. 56, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 9, 2007, Filed
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Overview: Thirty-day filing period for a petition for judicial review of an administrative decision under the state's insurance article began to run from the date the decision was mailed; under Md. Code Ann., Ins. § 2-215(d) that 30-day period began to run when decision was served and under Md. Code Ann., Ins. § 2-204(c)(1) service could be made by mailing.

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Haas v. Lockheed Martin Corp., No. 5, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 9, 2007, Filed
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Overview: Employee's claim under Montgomery County, Md., Code § 27-19 was not barred by statute of limitations; for purposes of employee's disability discrimination claim filed under Md. Ann. Code art. 49B, § 42, employee's "discharge" occurred upon actual termination, rather than upon notification that termination was to take effect at some future date.

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Legacy Funding LLC v. Cohn, No. 23, September Term, 2006, No. 25, September Term, 2006, No. 26, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 9, 2007, Filed
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Overview: A trial court erroneously held that real estate purchaser at a foreclosure sale was not entitled to compensation from surplus proceeds for the denial of possession. Purchaser was entitled to claim damages for the denial of possession, and claim could be measured by the fair rental value of the property since the demand for possession was rejected.

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River Walk Apts., LLC v. Twigg, No. 49, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 10, 2007, Filed
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Overview: Two mayors' agreements with a developer to waive impact fees in exchange for payment of a special fee was ultra vires because the mayors had no authority to enter into such contracts, as these acts required legislative authorization, under Md. Ann. Code art. 23A, § 2 (2001) and City of Frederick, Md., Charter art. II, § 7, which was never obtained.

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Ehrlich v. Grove, No. 54, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 11, 2007, Filed
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Overview: An interlocutory appeal of a trial court's order adopted after an expanded in camera review of documents the Governor claimed were protected by executive privilege, attorney-client privilege, and the work product doctrine was appropriate as the collateral doctrine's four-part test was met. The expanded in camera review was an abuse of discretion.

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Janice K. v. Provident Life & Accident Ins. Co., No. 79, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 11, 2007, Filed
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Koshko v. Haining, No. 35, September Term, 2006, COURT OF APPEALS OF MARYLAND, January 12, 2007, Filed
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Overview: Md. Code Ann., Fam. Law § 9-102 was unconstitutional as applied to parents who opposed maternal grandparents' visitation of minor children because it directly and substantially interfered with parents' fundamental right to control children's upbringing and thus required finding of parental unfitness or exceptional circumstances before application.

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State v. Borchardt, No. 58, September Term, 2005, COURT OF APPEALS OF MARYLAND, January 12, 2007, Filed
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Overview: Circuit court's order for a new sentencing proceeding due to the ineffective assistance of counsel in a postconviction relief matter under Md. Code Ann., Crim. Proc. § 7-102 was reversed as defense counsel investigated and prepared adequately for trial, and made strategic decisions on how to proceed in light of their investigation and preparation.

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