Certiorari Grants, September 20, 2013

From the Court of Appeals website:

Granted September 20, 2013

Sonia Carter, et al. v. The Wallace & Gale Asbestos Settlement Trust – Case No. 84, September Term, 2013

Issues – Torts – 1) Did CSA err in its decisions that the trial court should have admitted the testimony and opinion of Respondent’s expert and should have instructed the jury on apportionment of damages? 2) Did CSA err in its conclusion that the use plaintiffs were required to join the action with a formal pleading and are now barred by the statute of limitations?

Robert W. Coffee v. Rent-A-Center Inc., et al. – Case No. 92, September Term, 2013

Issue – Workers’ Compensation – Did the trial court correctly grant summary judgment in favor of appellees based on a finding that when an award of Workers’ Compensation permanent partial disability benefits is increased on appeal, credit for payments made under the previous award should be expressed in weeks rather than dollars?

Richard A. Elms v. Renewal by Anderson – Case No. 89, September Term, 2013

Issues – Workers’ Compensation – 1) Did CSA err in holding that a Labor & Empl. Art. § 9-508 (“statutory employer”) analysis must precede a common law employment analysis? 2) Did the Workers’ Compensation Commission misconstrue the law as it applied to the facts under Labor & Empl. Art. § 9-745 when it determined that Petitioner was an independent contractor?

Florida Rock Industries, Inc., et al. v. Jeffrey P. Owens – Case No. 91, September Term, 2013

Issue – Workers’ Compensation – Whether the statutory credit provided in § 9-633 of the Workers’ Compensation Act should be calculated based on the number of weeks of benefits previously paid or on the dollar amount of the benefits previously paid?

G.E. Frisco Co. Inc., et al. v. Anthony Oliver – Case No. 88, September Term, 2013

Issue – Workers’ Compensation – Was the trial court correct in granting summary judgment to Petitioners and affirming the decision of the Workers’ Compensation Commission that the accidental injury claim was barred by the statute of limitations?

Madison Park North Apartments, L.P. v. The Commissioner of Housing & Community Development – Case No. 83, September Term, 2013

Issues – Housing and Community Development – 1) Is the Baltimore City regulation requiring multiple family housing license holders to “prevent” criminal activity void for vagueness? 2) If the CSA standard that a license holder must “hinder or impede” criminal activity is correct, was the substantial evidence that Petitioner failed to “hinder or impede” crime at MPNA? 3) Did CSA impermissibly shift the burden of proof to Petitioner? 4) Did Respondent violate Petitioner’s due process rights by prejudging, or giving the appearance of prejudgment, when it stated in a notice of hearing that “[t]here is sufficient evidence to establish that MPNA” failed to prevent crime?

Muriel Peters v. Early Healthcare Giver, Inc. – Case No. 86, September Term, 2013

Issues – Labor & Employment – 1) Are overtime wages recoverable under the MD Wage Payment and Collection Law (MWPCL)? 2) In a bench trial, is it an abuse of discretion to fail, without explanation, to award treble damages under the MWPCL where there is no claim of bona fide dispute? 3) Should any award of up to treble damages under MWPCL be made in addition to the award of unpaid wages?

Lori A. Robinette v. Luan Hunsecker – Case No. 90, September Term, 2013

Issue – Estates & Trusts – Did the trial court err in granting a constructive trust to alienate pension plan benefits where the deceased agreed to transfer a portion of his pension to Respondent but all other claims, demands and interests were expressly waived?

State of Maryland v. Joseph William Payne and Jason Bond – Case No. 85, September Term, 2013

Issues – Criminal Law – 1) May a trial court allow a lay witness, without qualification as an expert, to testify about objectively verifiable facts regarding cell phone towers that do not involve the witness forming any opinion or drawing any inference or conclusion? 2) Did CSA err in ruling that wiretap statements made by Respondent Bond but not Respondent Payne were nevertheless admissible against Payne as statements by a party-opponent?

Waterkeeper Alliance, Inc., et al. v. Maryland Department of Agriculture, et al. – Case No. 87, September Term, 2013

Issues – Agriculture – 1) Did CSA err in broadly interpreting an exemption to disclosure under the Maryland Public Information Act, where such exemptions must be construed narrowly and in favor of disclosure? 2) Did CSA err in holding that Agriculture Art. § 8-801.1(b)(2) applies to all types of nutrient management records maintained for any period of time where the plain language expressly applies only to nutrient management plan summaries maintained by the MD Dept. of Agriculture for three years or less? 3) Did CSA err in deferring to the MD Dept. of Agriculture’s interpretation of Ag. Art. § 8-801.1(b)(2), where that expansive interpretation conflicts with the narrowly-tailored exemption to disclosure provided by the plain language of the statute?

W.R. Grace & Co., et al. v. Andrew Swedo – Case No. 82, September Term, 2013

Issue – Workers’ Compensation – Did CSA err in holding that credit for compensation already paid when a permanency award is reversed on appeal should be given in terms of dollars instead of weeks?

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