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