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| Hill v. Knapp, No. 45, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 16, 2007, Filed
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Overview: The federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. §§ 901-950, preempted a state negligence claim for damages by a longshoreman against a co-employee for an injury that occurred where there was concurrent state and federal jurisdiction.
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| Mundey v. Erie Ins. Group, No. 28, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 16, 2007, Filed
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Overview: In a suit wherein a son was seeking to obtain uninsured motorist coverage under his parent's motor vehicle insurance policy, coverage was properly denied pursuant to Md. Code Ann., Ins. § 19-509 since the son's presence in his parents' household was neither continuous nor significant and he had, instead, been living with his grandmother.
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| Spry v. State, No. 42, September Term, 2006,
COURT OF APPEALS OF MARYLAND, January 16, 2007, Filed
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Overview: Officer did not have to arrest defendant immediately after first disobedience of officer's lawful order, nor did officer have to arrest defendant at scene in order to initiate prosecution for failure to obey police officer's reasonable and lawful order to prevent a disturbance to public peace under Md. Code Ann., Crim. Law § 10-201(c)(3) (2002).
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| Pope v. Barbre, No. 2386 September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, January 25, 2007, Filed
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Overview: When an alleged injured party sued the state and a county for injuries from a deputy sheriff, substantial compliance did not let notice to a county commissioner satisfy Md. Code Ann., State Gov't § 12-106(b) (2004), requiring notice to the State Treasurer. Notice to the Treasurer was not required for his individual claim against the deputy sheriff.
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| Price v. State, No. 983, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, January 25, 2007, Filed
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Overview: Sufficient evidence supported defendant's convictions for possession of heroin, possession of cocaine, possession of marijuana, and possession of a firearm in connection with drug trafficking. The rule of lenity required that his sentences for the drug convictions be vacated because the language of Md. Code Ann., Crim. Law § 5-905 was ambiguous.
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| Harby v. Wachovia Bank, N.A., No. 2758 September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, January 26, 2007, Filed
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Overview: Although bank's customer access agreement did not refer to arbitration, in executing it, predecessor guardian accepted rules contained in deposit agreement, including arbitration of disputes. Therefore, under Md. Code Ann., Est. & Trusts § 13-220(b)(3), substitute guardian was bound by arbitration clause that predecessor guardian had accepted.
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| Jones v. Jones, No. 2780, September Term, 2005,
COURT OF SPECIAL APPEALS OF MARYLAND, January 26, 2007, Filed
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Overview: As a jury found the wrongful act that caused a decedent's death occurred in Virginia, that state's substantive law applied to a wrongful death action filed in Maryland. As the issue of who was a permissible beneficiary was substantive, not procedural, the trial court properly applied the Virginia Wrongful Death Act, Va. Code Ann. § 8.01-50 (2000).
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| Jones v. State, No. 166, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, January 30, 2007, Filed
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Overview: Under Md. R. 4-325(e), defendant preserved no claim that the trial court lacked territorial jurisdiction, as he sought no instruction on the issue, and, in any event, the evidence created no genuine dispute. Denying his motion to dismiss on this ground did not bar an instruction, and it was reasonably probable DNA evidence was not tampered with.
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| Oxendine v. SLM Capital Corp., No. 00273, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, January 30, 2007, Filed
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Overview: Trial court erred in denying alleged judgment debtors' motion to vacate, as the trial court first had to determine whether the New York trial court that entered a default judgment against the alleged judgment debtors had personal jurisdiction over them; if not it was obligated to vacate the entry of the corporation's foreign judgment against them.
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| Stratakos v. Parcells, No. 253, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, January 30, 2007, Filed
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Overview: Trial court properly awarded attorney fees to prevailing parties, the sellers, as allegedly false or negligent representations in residential property disclosure statement "arose out of" real estate contract sellers and buyers executed and which had attorney fee provision even though the disclosure statement was not made a part of the contract.
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