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   State Courts - Maryland - July 26 - July 30, 2007

  
Diamond Point Plaza Ltd. P'ship v. Wells Fargo Bank, N.A., No. 126, September Term, 2006, No. 128, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 26, 2007, Filed
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Overview: With regard to the portion of a fraud suit wherein three shopping center tenants were held liable for breach of a commercial lease, the trial court erred in denying plaintiff's claim for attorneys' fees against those tenants as it considered only some of the factors of Md. R. Prof. Conduct 1.5 and apportioning issues did not justify the denial.

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BAA, PLC v. Acacia Mut. Life Ins. Co., No. 19, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 27, 2007, Filed
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Overview: Trial court properly denied motion to compel production of certain accounting documents as there was no civil action "fraud" exception to the accountant-client privilege, Md. Code Ann., Cts. & Jud. Proc. § 9-110, and the portion of Dixon v. Bennett, 72 Md. App. 620, 531 A.2d 1318 (1987), that found to the contrary was overruled.

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Carroll v. Konits, No. 117, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 27, 2007, Filed
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Overview: A trial court properly dismissed a patient's medical malpractice suit, pursuant to Md. Code Ann., Cts. & Jud. Proc. § 3-2A-04(b), due to the patient's certificate of a qualified expert being legally deficient since it failed to identify the licensed professionals who allegedly breached the standard of care and caused her injury.

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Atty. Griev. Comm'n of Md. v. Floyd, No. 31, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 30, 2007, Filed
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Overview: Attorney was suspended from the practice of law for 90 days after attorney was found to have violated Md. R. Prof. Conduct 8.4(c), by failing to disclose to the FTC, a prospective employer, that an offer of employment the attorney presented in support of request for higher starting salary came from attorney's husband, who had a different last name.

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Atty. Griev. Comm'n of Md. v. Wingerter, No. 71, September Term, 2005, COURT OF APPEALS OF MARYLAND, July 30, 2007, Filed
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Overview: Attorney was disbarred from practice of law for violation of Md. R. Prof. Conduct 8.4, after pleading guilty of misprision of a felony; attorney admitted being aware that named co-defendants were engaging in immigration fraud, making false statements, and encouraging aliens to enter country illegally and not reporting crimes to proper authorities.

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Balt. City Bd. of Sch. Comm'rs v. City Neighbors Charter Sch., No. 100, September Term, 2006, No. 121, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 30, 2007, Filed
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Overview: A State Board of Education (SBE) decision in two cases issued to serve as a guide to others, which calculated the average per pupil finding due to public charter schools from their local school boards, pursuant to Md. Code Ann., Educ. § 9-109, was reinstated on appeal as the SBE's decision was owed deference.

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Casey v. Mayor of Rockville, No. 85, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 30, 2007, Filed
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Overview: In designating a bungalow as historically and architecturally significant, a mayor and city council were not required under Md. Ann. Code art. 66B, § 8.02 to consider economic feasibility. It was only after property was designated historic and a development permit application was maintained that economic feasibility had to be considered.

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Catholic Health Initiatives v. Barber, No. 43, September Term, 2007, COURT OF APPEALS OF MARYLAND, July 30, 2007, Filed
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John A. v. Bd. of Educ. , No. 132, September Term, 2006, COURT OF APPEALS OF MARYLAND, July 30, 2007, Filed
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Overview: Parents of qualified child under IDEA were not entitled to due process hearing under 20 U.S.C.S. § 1415 and Md. Code Ann., Educ. § 8-413(d) as school's position that parents could administer the child's medications as the school was not permitted to contact her psychiatrist involved a medical treatment issue rather than a special education issue.

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