Maryland Certiorari Grants, February 2014

The Court of Appeals of Maryland granted certiorari in three cases on Friday.  The cases, with questions presented, are below.

Granted February 21, 2014

Amalgamated Transit Union Local 1300 and David A. McClure v. William T. Lovelace, Jr.– Case No. 25, September Term, 2014

Issue – Labor & Employment – Is an internal union remedy “inadequate” under Md. common law if it does not allow for the monetary damages that the plaintiff seeks in court?

Joseph F. Cunningham, et al. v. Matthew Feinberg– Case No. 27, September Term, 2014

Issues – Labor & Employment – 1) Does application of the Md. choice of law principle of lex loci contractus preclude a claim under the Md. Wage Payment and Collection Law (MD. Code Ann. Lab. & Empl. § 3-501 et seq. (“MWPCL”))? 2) Does proper application of lex loci contractus preclude respondent’s MWPCL claim?

Dennis J. Kelly, Jr. v. George W. Duvall, Jr., et al.– Case No. 26, September Term, 2014

Issues – Estates & Trusts – 1) Did the lower court err in construing the Will in a manner inconsistent with Md. Code Ann. Estates & Trusts § 4-401 and finding that it imposed survivorship as a condition precedent to inheritance under the Will? 2) Did the lower court err in construing the Will as demonstrating the Testatrix’s contrary intent sufficient to overcome the presumption that § 4-403 (2013) (the “anti-lapse” statute) applies?


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