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State Courts -
Maryland - November 5 - November 7, 2007
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Bland v. Hammond, No. 1843, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, November 6, 2007, Filed
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Overview: Denial of appellant's motion to vacate dismissal of her tort action was proper because, although appellant's lawyer committed legal malpractice relating to her case, leading to dismissal, this did not rise to the level of fraud required to vacate judgment under Md. R. 2-535. Lawyer's conduct after dismissal was fraud, but not extrinsic fraud.
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Smith v. Howard County, No. 1367, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, November 6, 2007, Filed
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Overview: When an employer sought review, under Md. Code Ann., Lab. & Empl. § 9-745, of occupational disease benefits granted when its response to a claim was untimely, the administrative ruling did not shift the burden of proof to the employer because the Workers' Compensation Commission had not deduced permissible inferences from any conflicting facts.
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Hatcher v. State, No. 1055, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, November 7, 2007, Filed
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Overview: Denial of motion to suppress was upheld as search of defendant incident to arrest was lawful; it was reasonable for officers to infer driver and passengers, one of whom was defendant, were in possession of confirmed stolen vehicle based on inference of common enterprise among then, as driver was unlikely to admit innocent person to stolen vehicle.
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Hayward v. Dep't of Human Res., No. 1962, September Term, 2006, No. 1963, September Term, 2006,
COURT OF SPECIAL APPEALS OF MARYLAND, November 7, 2007, Filed
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Overview: Writ of mandamus should have been issued requiring Department of Human Resources for Baltimore City's Department of Social Services to hold "conference" under Md. Code Ann., Fam. Law § 5-706.1, to review records relating to investigations of abuse found "unsubstantiated," as appellants, aide and teacher, were entitled to opportunity to clear names.
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Hudson v. Hous. Auth. , No. 24, September Term, 2007,
COURT OF APPEALS OF MARYLAND, November 7, 2007, Filed
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Overview: In a breach of lease suit, a trial court's allowance of limited discovery, despite Md. R. 3-711 (2006), was not an immediately appealable order under the common law collateral order doctrine because (1) it did not resolve an issue completely separate from the merits, and (2) it was not effectively unreviewable upon an appeal of a final judgment.
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WFS Fin., Inc. v. Mayor of Baltimore, No. 12, September Term, 2007,
COURT OF APPEALS OF MARYLAND, November 7, 2007, Filed
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Overview: Trial court erred in ruling the city could require lienholder to pay towing and storage fees as a condition precedent to releasing, pursuant to Md. Code Ann., Crim. Proc. § 12-501, to lienholder for sale the vehicle the city was trying to forfeit; those costs did not have to be paid until after balance due lienholder was paid from proceeds of sale.
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