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   State Courts - Maryland - April 5 - April 10, 2007

  
Comptroller of the Treasury v. Clise Coal, Inc., No. 654, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 5, 2007, Filed
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Overview: On appeal from a decision of the Maryland Tax Court, a circuit court's reduction of a motor fuel tax assessment made pursuant to Md. Code Ann., Tax-Gen. § 13-406 against a taxpayer was reversed since the original assessment was supported by substantial evidence via the testimony of an inspector and the inadequacy of the taxpayer's records.

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Lowery v. Smithsburg Emergency Med. Serv., No. 344, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 5, 2007, Filed
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Overview: In a defamation and intentional interference with economic relations suit, the trial court properly excluded appellants' expert report, pursuant to Md. R. 2-402(f)(1)(A), since the basis of the expert's opinion was not disclosed until 12 days prior to trial and such late disclosure did not allow appellees to adequately prepare for trial.

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Figgins v. Cochrane, No. 0636, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 6, 2007, Filed
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Overview: When the attorney-in-fact of a decedent conveyed his house to herself with no consideration, the trial court properly imposed a constructive trust. The attorney-in-fact had not rebutted the presumption that the transaction was improperly induced by a confidential relationship, and she had not acted reasonably under the power of attorney.

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Kleban v. Eghrari-Sabet, No. 1018, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 6, 2007, Filed
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Overview: Trial court erred in breach of contract case in granting assisting doctor's motion to revise jury's verdict for employing doctor for $75,000 to $1; it was not remolding the verdict to comport it with the jury's intention, as was permitted under Md. R. 2-535(a), but, instead, was substituting its findings that only nominal damages were warranted.

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Trail v. Terrapin Run, LLC, No. 810, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 6, 2007, Filed
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Overview: A municipality's zoning board of appeals properly determined that a proposed residential unit development with accompanying retail space was in harmony with the district's comprehensive plan as Md. Ann. Code art. 66B, § 1.00(k) provided the board with the discretion to approve such a special use exception.

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Becker v. Anne Arundel County, No. 1097, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 9, 2007, Filed
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Overview: Decision of a county board of appeals to deny variances to property owners was remanded because no evidence or reasonable inferences could be drawn from the evidence to support certain of the board's conclusions. Therefore, on remand, the board was to provide an explanation in determining whether the owners' proposal met the variance criteria.

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Thomas v. Giant Food, LLC, No. 1043, September Term, 2006, COURT OF SPECIAL APPEALS OF MARYLAND, April 9, 2007, Filed
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Overview: Judgment was affirmed as workers' compensation claimant was not entitled to temporary partial disability benefits under Md. Code Ann., Lab. & Empl. §§ 9-614 and 9-615 since claimant earned more working at job at which he was not injured, than at job at which he was injured. Md. Code Ann., Lab. & Empl. § 9-602(l) exception did not apply.

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Atty. Griev. Comm'n v. Mahone, Misc. Docket AG No. 7, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 10, 2007, Filed
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Overview: When an attorney (1) did not appear at a hearing without telling a judge he would be late or apologizing, (2) argued with a judge and opposing counsel in a hearing, and (3) walked out of a courtroom while a judge was issuing an opinion, the attorney violated Md. R. Prof. Conduct 8.4(d), barring conduct prejudicial to the administration of justice.

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Erie Ins. Exch. v. Heffernan, Misc. No. 2, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 10, 2007, Filed
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Overview: With regard to the uninsured/underinsured motorist coverage provisions of two policies issued in Maryland, since the accident wherein the insureds' child was killed occurred in Delaware, the substantive law of Delaware applied to determine what the insureds would be entitled to recover, pursuant to Md. Code Ann., Ins. § 19-509(c)(1).

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Miller v. Comptroller of Md., No. 70, September Term, 2006, COURT OF APPEALS OF MARYLAND, April 10, 2007, Filed
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Overview: Md. Code Regs. 17.04.11.02B(1)(j) did not entitle the state employee to compensation for all time spent traveling between home and work site other than employee's assigned office and Md. Code Ann., State Pers. & Pens. § 12-203(b), required remedy to be limited to compensation for claims existing within 20 days prior to initiation of grievance.

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