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State Courts -
Maryland - September 18 - September 26, 2007
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Anderson Adventures, LLC v. Sam & Murphy, Inc., No. 1343, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 21, 2007, Filed
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Overview: Reliance on "as is" provision in management agreement relating to sale of restaurant was error, as said agreement made seller was responsible to ensuring equipment was "sufficient" for operation of restaurant and purchase agreement made seller liable for repair or replacement of equipment not working or not in compliance with codes and regulations.
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Bittinger v. CSX Transp., Inc., No. 1090, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 26, 2007, Filed
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Overview: In action under FELA, employer was properly allowed to cross-examine employee about prior FELA claims because the evidence was relevant to issue of damages and was not unfairly prejudicial. Failure to give requested jury instructions was not error, as they either did not correctly state law or were fairly covered by the instructions actually given.
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Jennifer v. Dep't of Pub. Safety & Corr. Serv., No. 426, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 26, 2007, Filed
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Overview: Sundry Claims Board Act, Md. Code Ann., Corr. Servs. §§ 10-301 to 310, was exclusive remedy for inmate because injury, inflicted by fellow prisoner while two worked together, arose out of employment; inmate would not have suffered injury but for fact that conditions and obligations of employment placed inmate in position where inmate was injured.
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Salerian v. Md. State Bd. of Physicians, No.624, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, September 26, 2007, Filed
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Overview: Forensic evaluation of defendant in federal espionage case amounted to practice of medicine and thus, psychiatrist's failure to maintain confidences by disclosing information to defendant's wife and media amounted to immoral or unethical conduct under Md. Code Ann., Health Occ. § 14-404(a)(3), and "moral imperative" exception was not applicable.
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