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| Atty. Griev. Comm'n v. Guida, No. 17, September Term, 2004,
COURT OF APPEALS OF MARYLAND, February 7, 2006, Filed
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Overview: When a lawyer did no work, his fee was excessive, under Md. R. Prof. Conduct 1.5(a), and not putting it in trust violated Md. R. Prof. Conduct 1.15(a). Not talking to his clients and forging a court order violated Md. R. Prof. Conduct 1.1, 1.3, 1.4(a) and (b), 8.1(b), and 8.4(c) and (d), and disbarment was proper, as depression was not mitigating.
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| Baltimore County v. Kelly, No. 17, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 7, 2006, Filed
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Overview: Reversal of judgment granting county's summary judgment motion finding that it was not required to pay workers' compensation benefits to claimant was affirmed; since he prevailed before Workers' Compensation Commission, Md. Code Ann., Lab. & Empl. § 9-745(b)(2) did not require him to provide causation evidence in summary judgment proceeding.
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| State v. Dett, No. 25, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 7, 2006, Filed
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Overview: As a detained plaintiff was not the person who was the subject of an arrest warrant but was jailed for four days despite the police having information that different state identification numbers, social security numbers, birth dates, and physical descriptions existed, an appellate court properly reinstated the plaintiff's false imprisonment suit.
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| Atty. Griev. Comm'n v. Rose, Misc. Docket AG No. 62, September Term, 2004,
COURT OF APPEALS OF MARYLAND, February 8, 2006, Filed
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Overview: Attorney was indefinitely suspended from the practice of law where he acted incompetently in representing a client in a divorce action, did not abide by his client's objectives, failed to act diligently, did not keep the client informed, did not deposit advanced fees in an attorney trust account, and failed to return unearned fees.
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| Dep't of Natural Res. v. Heller, No. 23, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 9, 2006, Filed
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Overview: Special appeals court erred in finding claimant made protected disclosures under whistleblower law and that ALJ erred in barring him from introducing certain evidence; evidence was lacking that he made protected disclosures pursuant to Md. Code Ann., State Pers. & Pens. 5-301 et seq., and harassment evidence was irrelevant to disciplinary motive.
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| Mackey v. Compass Mktg., Misc No. 4, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 9, 2006, Filed
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Overview: Conspiracy theory of jurisdiction was recognized in Maryland as it was consistent with due process and one co-conspirator acted as agent of another co-conspirator within meaning of the long-arm statute, Md. Code Ann., Cts. & Jud. Proc. § 6-103(b) (2002 & Supp. 2005) when requirements of theory were met. Standard of Cawley v. Bloch was adopted.
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| Myers v. Kayhoe, No. 35, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 9, 2006, Filed
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Overview: Where the contract for the sale of real property contained a condition precedent requiring the prospective buyers to make one application for financing and to obtain financing within 30 days, this express condition controlled over an implied condition to the extent that it required more than one application for financing.
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| Atty. Griev. Comm'n v. Reinhardt, Misc. Docket AG No. 1, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 10, 2006, Decided
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Overview: Finding attorney violated Md. R. Prof. Conduct 1.1, 1.2, 1.3, 1.4, 3.2, and 8.4 was based on evidence attorney failed to serve defendants in personal injury action, lost client's file, and failed to respond to client's inquiries; suspension rather than disbarment was proper where there was no evidence he acted out of fraudulent or selfish motive.
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| Secure Fin. Serv. v. Popular Leasing USA, Inc., No. 34, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 10, 2006, Filed
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Overview: In a declaratory judgment action brought by a Maryland corporation against a Delaware corporation regarding a shifting forum selection clause in a contract between the Maryland corporation and the Delaware corporation's bankrupt assignor, the trial court erred in dismissing the action without declaring the rights and obligations of the parties.
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| Walker v. State, No. 21, September Term, 2005,
COURT OF APPEALS OF MARYLAND, February 10, 2006, Filed
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Overview: Counsel's minimal participation at trial was a strategic decision, based on inmate's failure to appear, rather than constructive denial of counsel in violation of Sixth Amendment; counsel's conduct was not so antithetical to effective assistance that presumption of prejudice applied and it did not amount to a complete failure of representation.
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