The Daily Record (Baltimore) back issues from February 2009:
Hampden used-car buyer settles suit over repair history
Feb 02, 2009; ... A Hampden man has reached a $7,500 settlement with a Volkswagendealer that sold him what it said was a used car with a new engine,when the car allegedly contained used engine parts and had anextensive repair history. The settlement between Joseph G. Lathe Jr. and Russel Motor ...
This year's first Maryland law firm merger
Feb 02, 2009; ... Maryland's law firm community has not seen the same dissolutionand merger frenzy as other markets over the past year, but two firmsthat generally represent union-member plaintiffs have kicked off2009 by joining forces. Gaithersburg-based Berman, Sobin & Gross LLP and ...
First networking event for U of Baltimore's new career development director
Feb 02, 2009; ... The first networking event of the semester for the University ofBaltimore's Law Career Development Office was also the firstnetworking event organized by the office's new director. But Astrid Schmidt worked the room like an old hand on Wednesdaynight, chatting with students and ...
Judge brings adult drug court to St. Mary's County
Feb 02, 2009; ... Judge Karen H. Abrams admitted there was a slight period ofadjustment when she joined the St. Mary's County Circuit Court inthe fall of 2002. "After six months, you start to at least not feel a daily panic,"she said. "You're not worried about being unprepared." Abrams has not ...
Montgomery County woman injured by fire pit awarded less than $10K
Feb 02, 2009; ... A Montgomery County woman whose arm was injured when employees ata Gaithersburg Sam's Club warehouse store mishandled the fire pitshe intended to buy while retrieving it from a shelf has won nearly$10,000 for her trouble from a federal jury in Baltimore. But that's just a fraction ...
Maryland Lawyers on the Move: February 2, 2009
Feb 02, 2009 ... Miles & Stockbridge P.C. announced that Justin C. Eller, DonaldE. English Jr., Katherine D. Fones, Eric G. King, William M. KrulakJr., David R. Schaffer and Matthew T. Wagman have been promoted toprincipals of the firm. Eller represents clients in a variety ofindustries, including ...
U.S. Supreme Court: Fitzgerald v. Barnstable School Comm.
Feb 02, 2009 ... Civil Procedure Scope of [section]1983 BOTTOM LINE: 1st Circuit erred in holding that Title IX precludeda [section]1983 action alleging unconstitutional genderdiscrimination in schools. CASE: Fitzgerald v. Barnstable School Comm., S. Ct. No. 07-1125(decided Jan. 21, ...
U.S. Supreme Court: Waddington v. Sarausad
Feb 02, 2009 ... Criminal Procedure Habeas Corpus BOTTOM LINE: Because the underlying state-court decision did notresult in an "unreasonable application of ...clearly establishedFederal law," [section]2254(d)(1), the 9th Circuit erred in grantingcriminal defendant habeas relief. CASE: ...
U.S. Supreme Court: Herring v. United States
Feb 02, 2009 ... Criminal Procedure Search and seizure BOTTOM LINE: When police mistakes leading to an unlawful searchare the result of isolated negligence attenuated from the search,rather than systemic error or reckless disregard of constitutionalrequirements, the exclusionary rule does not ...
U.S. Supreme Court: Oregon v. Ice
Feb 02, 2009 ... Criminal Procedure Sentencing BOTTOM LINE: The Sixth Amendment does not inhibit States fromassigning to judges, rather than to juries, the finding of factsnecessary to the imposition of consecutive, rather than concurrent,sentences for multiple offenses. CASE: Oregon ...
U.S. Supreme Court: Locke v. Karass
Feb 02, 2009 ... Labor & Employment First Amendment BOTTOM LINE: First Amendment permitted local union to chargenonmembers for national litigation expenses where the subject matterwas of a kind that would be chargeable if the litigation were local,and the charge was reciprocal in ...
4th Circuit: CFA Institute v. Institute of Chartered Financial Analysts of India
Feb 02, 2009 ... Civil Procedure Personal jurisdiction BOTTOM LINE: Minimum contacts existed to allow district courtpersonal jurisdiction over company based in India that engaged inbusiness with Virginia company. CASE: CFA Institute v. Institute of Chartered Financial Analystsof ...
U.S. Supreme Court: Pearson v. Callahan
Feb 02, 2009 ... Torts Qualified immunity BOTTOM LINE: The 10th Circuit erred in finding that petitionerpolice officers were not entitled to immunity in criminaldefendant's [section]1983 suit based on inflexible application ofSaucier v. Katz, 533 U.S. 194. CASE: Pearson v. Callahan, ...
4th Circuit: M. S. v. Fairfax County School Board
Feb 02, 2009 ... Civil Rights Individuals with Disabilities in Education Act BOTTOM LINE: District court erred by failing to consider parents'claim against school board for reimbursement of private schooltuition for their disabled son on an annual basis, rather than forthe totality of the ...
4th Circuit: WV Association of Club Owners and Fraternal Services, Inc. v. Musgrave
Feb 02, 2009 ... Constitutional Law First Amendment BOTTOM LINE: District court erred in granting plaintiff's motionfor preliminary injunction and enjoining enforcement of WestVirginia's restrictions on limited video lottery advertising. CASE: WV Association of Club Owners and Fraternal ...
4th Circuit: Forrester v. Penn Lyon Homes, Inc., et al.
Feb 02, 2009 ... Contracts Motion to compel arbitration BOTTOM LINE: District court properly found that defendantconstruction companies defaulted right to compel arbitration byengaging in extensive litigation measures, resulting in substantialexpense to home buyers. CASE: Forrester ...
4th Circuit: U.S. v Myers
Feb 02, 2009 ... Criminal Law Sentencing enhancement BOTTOM LINE: Where criminal defendant was subject to a six-levelenhancement under both the 2005 and 2006 sentencing guidelines,district court's use of the 2006 guidelines to enhance his sentencedid not violate Ex Post Facto ...
4th Circuit: United States v. Murphy
Feb 02, 2009 ... Criminal Procedure Search and seizure BOTTOM LINE: District court properly denied criminal defendant'ssuppression motion where there was sufficient evidence for the courtto infer that defendant's cellular phone was recovered from hisperson incident to a lawful ...
4th Circuit: United States v. Fields
Feb 02, 2009 ... Criminal Procedure Re-sentencing BOTTOM LINE: District court exceeded its authority under FederalRule of Criminal Procedure 35(a) when it convened a secondresentencing hearing to amend a prior order by imposing a fine. CASE: United States v. Fields, US4th No. 07-5137 ...
4th Circuit: Mosere v. Mukasey
Feb 02, 2009 ... Immigration Law Removal proceedings BOTTOM LINE: Board of Immigration Appeals did not abuse itsdiscretion in denying alien's motion to reopen removal proceedingswhere final order of voluntary departure was entered more thaneleven years earlier. CASE: Mosere v ....
4th Circuit: U.S. v. Linder
Feb 02, 2009 ... Criminal Procedure Waiver of appeal BOTTOM LINE: Where criminal defendant pleaded guilty and waivedhis right to appeal, then unsuccessfully attempted to challenge thepropriety of his sentence on direct appeal, review was precluded inhabeas corpus proceeding. CASE: ...
4th Circuit: Pitt County v. Hotels.com, LP
Feb 02, 2009 ... Taxation Occupancy tax BOTTOM LINE: District court properly dismissed county's claimagainst online travel company for failure to pay taxes where thecompany was not a retailer under statute governing occupancy taxes. CASE: Pitt County v. Hotels.com, LP, US4th No ....
4th Circuit: Pressley v. Tupperware Long Term Disability Plan
Feb 02, 2009 ... Labor & Employment Statute of limitations BOTTOM LINE: Where federal statute did not contain statute oflimitations, district court considering dismissal motion challengingtimeliness was required to borrow state law limitations periodapplicable to claims most closely ...
Legal Opinions - Office of Administrative Hearings: February 2, 2009
Feb 02, 2009 ... OFFICE OF ADMINISTRATIVE HEARINGS THIS IS A CONFIDENTIAL DECISION AND THE NAMES OF THE PARTIES SHALL NOT BE DISCLOSED Medical Assistance Long Term Care Appellant v. Montgomery County Department of Health and HumanServices OAH No.: ...
U.S. District Court, Md.: TECH USA, Inc. v. Evans, et al.
Feb 02, 2009 ... Contracts Validity of forum-selection clause BOTTOM LINE: District court enforced forum-selection clausewritten in non-compete agreement upon finding it mandatory under theterms of the contract and not unreasonable under the testarticulated by Bremen v. Zapata Off Shore Co., ...
Maryland judiciary, Dept. of Legislative Service $26M apart on budget
Feb 02, 2009; ... The Maryland judiciary and the General Assembly's research officehave a nearly $26 million difference of opinion on how much moneythe judicial branch should receive next fiscal year, when the stateis threatened with a $2 billion budget deficit. The judiciary has proposed a budget ...
Think tank finds diversity still lacking on bench in Maryland
Feb 02, 2009; ... States have a way to go before their trial and appellate courtsare as diverse as they should be, a new study found. The Brennan Center for Justice studied judicial diversity in 10states, including Maryland, and concluded that judgeship nominatingbodies should do more to broaden the ...
Proposed Maryland law would turn over unused gift cards to the state
Feb 02, 2009; ... A recently proposed bill seeks to create a new revenue stream forthe state -- unused money from gift certificates, gift cards andeven prepaid calling cards. HB 126 would classify any gift card, prepaid credit card, giftcertificate or prepaid calling card to be abandoned property ...
Q&A with Christian Johansson, secretary of Dept. of Business and Economic Development
Feb 02, 2009; ... Maryland's new business and economic development chief says hewill be a strong advocate for the state's established businesscommunity in Gov. Martin O'Malley's cabinet. In an interview with The Daily Record, Christian Johansson -- whoon Friday replaced David Edgerley as secretary ...
Baltimore County, utilities fighting over pole-removal costs
Feb 02, 2009; ... Baltimore County is attempting to save taxpayers about $500,000annually by claiming utility companies must bear the expense ofmoving utility poles for public works projects -- and it's willingto go to trial to do it. A settlement conference last week failed to resolve the ...
Former government lawyers in Maryland discuss the perils of politicization
Feb 02, 2009; ... Sharon Y. Eubanks, a career lawyer in the Department of Justice,knew the pressure from political appointees she felt while servingas lead counsel in the government's RICO action against the tobaccocompanies was improper. One of her lowest moments was reading aclosing argument -- crafted ...
A Baltimore city school that is ready for shovels
Feb 02, 2009; ... The glass-block windows in Susan Evans' fifth-grade classroom arestreaked with cracks, and the last time she painted the walls wasthree years ago, using paint she paid for out of her own pocket. "When it rains, the water comes in," she said. "And it's about100 degrees in this room ...
Meet the new keeper of drug-treatment funds in Baltimore
Feb 02, 2009; ... Though Greg Warren has only been Baltimore's drug treatment chieffor a month, the few trinkets he has found time to perch around his16th-floor downtown corner office offer clues about the man and hisplans. Most striking are the eggs of various sizes and patterns. "The thing ...
The Daily Record News Briefs: February 2, 2009
Feb 02, 2009 ... Foundation idles W.Va. mines Foundation Coal Holdings Inc. said it's idling three high-costWest Virginia mines and a preparation plant. Linthicum Heights-based Foundation said it's stopping work at the Mingo Countyoperations immediately. The company said the stoppage will lead to ...
Retired Baltimore City Circuit sentencing judge takes stand in hearing on notes
Feb 02, 2009; ... In the courtroom next door to the one where, 18 months earlier,he had presided over the long, contentious and gruesome trial of twomen accused of nearly beheading three children, retired BaltimoreCity Circuit Judge David B. Mitchell took the stand. And considering Mitchell's ...
Maryland Court of Special Appeals adds weight to church property decision
Feb 02, 2009; ... A decision requiring a local church to turn over almost $40million to its parent denomination has been published by the Courtof Special Appeals, allowing the holding to be cited as precedent. The opinion, originally filed as an unreported opinion on Oct.28, was published by the ...
The Daily Record News Briefs: February 3, 2009
Feb 03, 2009 ... New bus service Southern Pennsylvania commuters who travel down Interstate 83into Maryland have a new transportation option: a bus lineconnecting York and Shrewsbury to Baltimore's light rail system.York County's public transportation system, rabbittransit, will runsix roundtrips ...
Former Maryland Dept. of Business and Economic Development director Edgerley to join HarVest Bank
Feb 03, 2009; ... Three days after leaving the state's Department of Business andEconomic Development, David W. Edgerley landed a job much closer tohome. After shuttling back and forth from Germantown in MontgomeryCounty to Baltimore for two years as secretary of DBED, Edgerleywill join HarVest ...
Maryland marketers: For Phelps, after 2nd offense, saying 'sorry' isn't good enough
Feb 03, 2009; ... With Olympian Michael Phelps' image in question, some sportsmarketers are criticizing what they say is the tepid way hismanagement team has handled the situation and are warning that hisendorsement deals with family-oriented brands may be in danger. "Just saying you're sorry isn't ...
Exxon expert testifies in Baltimore County Circuit Court; tells Jacksonville residents not to worry
Feb 03, 2009; ... Dr. Gary R. Krieger offered simple advice to Jacksonvilleresidents worried about an increased risk of cancer from exposure toa gasoline additive following a 2006 gasoline leak: Don't. "They should be reassured with the information and get on withtheir lives," he said Monday near ...
Maryland legislation aims to get guns away from abusers
Feb 03, 2009; ... In an effort to prevent volatile home situations from turningdeadly, Gov. Martin O'Malley will propose legislation to let judgesorder alleged perpetrators of domestic violence to surrender anyguns they possess when the judges impose seven-day temporaryprotective orders ....
Six companies bid to operate 10,550 slot machines in Baltimore area
Feb 03, 2009; ... The state received bids for slightly more than two-thirds of theslot machines that voters approved in a November referendum,officials said Monday after unsealing six proposals from potentialdevelopers. The Video Lottery Facilities Location Commission received morethan a dozen ...
Hearing is on court's schedule, but not Baltimore mayor's
Feb 03, 2009; ... Unlike most criminal defendants in the city she leads, BaltimoreMayor Sheila A. Dixon will not appear at her scheduled arraignmentthis morning to face the dozen corruption charges handed up by agrand jury last month, her attorney and spokesman confirmed. While this is unusual in ...
Baltimore woman sues McDonald's over contents of cup
Feb 04, 2009; ... Late one evening last September, Caryl Jones ordered an iced teaat the drive-through of the McDonald's near her Northwest Baltimorehome. But that's not what she got, according to her lawsuit inBaltimore City Circuit Court. What Jones got was another sort of "T": Triazinetrione ...
Maryland lawmakers weigh 'Truth in Sentencing'
Feb 04, 2009; ... Saying law-abiding people are losing confidence in the certaintyof criminal penalties, Del. Luiz R.S. Simmons is calling for thecreation of a state panel to consider revising or eliminating thecredits that shave time from inmates' sentences. Under Simmons' proposal, the 11-member ...
The Daily Record News Briefs: February 4, 2009
Feb 04, 2009 ... Turning waste to energy Regional officials have chosen a unit of Houston-based WasteManagement Inc. to build and operate a proposed waste-to-energyincinerator in Frederick County. Wheelabrator Technologies, based inHampton, N.H., would construct the $332 million complex ...
Jacksonville residents question safety of Exxon additive
Feb 04, 2009; ... Robert J. Weltchek asked Dr. Gary R. Krieger the question on theminds of many Jacksonville residents after Krieger said Monday agasoline additive that leaked into their wells in early 2006 did notincrease their risk of cancer. "With your expertise, you're saying it's OK to drink ...
Maryland race commission says marketing needed in addition to slots
Feb 04, 2009; ... Maryland racing officials expressed concern Tuesday that if mediacoverage of the sport continues to decline, slot machines alonecould not fill up the grandstands. The issue came up at the Maryland Racing Commission's firstpublic meeting since the Washington Post announced in ...
Baltimore mayor, city councilwoman, city developer delay pleas
Feb 04, 2009; ... The mayor of Baltimore, a city councilwoman and a prominent citydeveloper indicted last month for political corruption were allabsent Tuesday morning at their scheduled arraignments. However, Mayor Sheila A. Dixon, City Councilwoman Helen L. Holtonand Doracon Contracting President ...
Even more setbacks for slots in Maryland
Feb 04, 2009; ... The state has received paid applications for fewer than half ofthe 15,000 video lottery terminals approved in November'sreferendum, the commission appointed to hand out the licenses saidTuesday. The Video Lottery Facilities Location Commission had announcedMonday that it had ...
Maryland Senate panel mulls freezing judges' pay
Feb 05, 2009; ... A Senate budget panel on Wednesday took a giant step towardfreezing judges' salaries next year, a cost-saving effort that hasthe judiciary's consent during these trying economic times. The Senate Budget and Taxation Committee's action could forestallthe state Judicial Compensation ...
The Daily Record News Briefs: February 5, 2009
Feb 05, 2009 ... Hilton moves to Tyson's Corner Hilton Hotels Corp. announced Wednesday it is relocating itsheadquarters to Virginia's Fairfax County, investing $17 million inthe move and creating more than 300 full-time jobs within the nextthree years. Now in Beverly Hills, Calif., Hilton also ...
Ruling by 4th Circuit won't stop Baltimore's and Worcester County's e-booking lawsuits
Feb 05, 2009; ... Lawyers for Baltimore City and Worcester County say they are notconcerned about a recent federal appellate court decision in favorof the same group of online booking sites the two jurisdictions aresuing for unpaid hotel occupancy taxes. They said the holding last month by the 4th ...
Maryland's insurance commissioner unveils four bills to aid consumers
Feb 05, 2009; ... The state's insurance commissioner unveiled a group oflegislative proposals Wednesday to reform insurance industry healthcare practices that he said would benefit citizens without affectingMaryland's heavily burdened budget. The most prominent of the bills would require insurers to ...
Geppi's Museum in Baltimore pays its bill to Maryland Stadium Authority
Feb 05, 2009; ... After more than a year of being behind in its rent, Geppi'sEntertainment Museum has squared up its account with its landlord,the Maryland Stadium Authority. Executive Director Michael Frenz said that Geppi's check for theoutstanding balance of $364,884.98 had cleared this week ....
Proposal for tax amnesty in Md. has support
Feb 05, 2009; ... There are efforts under way in both chambers of the GeneralAssembly to institute a period of tax amnesty this year, looseningpenalties for individuals and some businesses that come forward topay back taxes. The last tax amnesty period was in 2001 and raised $39.4 millionfor the ...
State of Maryland hasn't received fee from Magna Entertainment Corp.
Feb 05, 2009; ... The state had not received the application fees that it expectedfrom two potential slot machine operators late Wednesday, leavingMaryland well short of its anticipated revenue from the applicationstwo days after the deadline to request slot machine licenses. Donald C. Fry, who ...
The Daily Record News Briefs: February 6, 2009
Feb 06, 2009 ... Laurel station upgrade Vice President Joe Biden campaigned for President Barack Obama'seconomic stimulus package Thursday, touring a Laurel train stationhe said is one of thousands nationwide that would benefit from thenew spending. Biden said it's critically important that the ...
Federal judge limits pro-life group's suit against U of Maryland, Baltimore County
Feb 06, 2009; ... A federal judge has narrowed a lawsuit filed by a student pro-life group that claims the University of Maryland, Baltimore Countyviolated its First and 14th Amendment rights by moving a displayfeaturing images of genocide and aborted fetuses. Rock for Life-UMBC can seek ...
Maryland Senate President Miller: State panel on slots should restart bid process
Feb 06, 2009; ... Senate President Thomas V. Mike Miller Jr. said Thursday that thestate commission reviewing slot machine proposals should considerrestarting the bidding process. "I'd have to believe that the bidding process at the present timeis in disarray," said Miller, D-Calvert and Prince ...
Maryland bill lets child-abuse victims sue until 50
Feb 06, 2009; ... Saying child-abuse victims are often not ready to confront theirattackers until middle age, a senator on Thursday urged her fellowlawmakers to raise from 25 to 50 the age by which a person may suehis or her abuser. "Ideally, there shouldn't be a statute of limitations for a ...
Commentary: Michael Steele and the art of showing up
Feb 06, 2009; ... He's out to revive the national GOP, a tall order. But it mightseem like a piece of cake for a Republican from heavily DemocraticMaryland. Yet former Maryland Lieutenant Governor Michael S. Steele assumeshis new role with the sunny, optimistic view that voters in thisstate have ...
Commentary: Baltimore philanthropy has done much, thanks to hard work and great leaders
Feb 06, 2009; ... Like many organizations, in January we take stock of ouraccomplishments for the previous year and reflect upon what ourgoals are for the next. Looking back to 2008, I see a year that wasgreat in many ways, but a challenging one as well for our community,country and world. The ...
Week in Review
Feb 06, 2009; ... Gift cards for the state A recently proposed bill seeks to create a new revenue stream forthe state -- unused money from gift certificates, gift cards andeven prepaid calling cards. HB 126 would classify any gift card,prepaid credit card, gift certificate or prepaid calling card to ...
Marylanders on the Move: February 6, 2009
Feb 06, 2009 ... ACCOUNTING Katz, Abosch named Mark R. Cissell its new president and CEOeffective July 1, 2009. He succeeds Alvin D. Katz, co-founder of thefirm, who will remain as chair of the company. Cissell becomes thethird CEO in Katz, Abosch's nearly 40-year history. AWARDS The ...