January 2025 Maryland Certiorari Grants

Yesterday, the Supreme Court of Maryland granted review in five cases. (We’ve updated this post now that “Questions Presented” are publicly available for all five cases.)

Hyperheal Hyperbarics, Inc., et al. v. Eric Shapiro – Case No. 42, September Term, 2024 (Reported ACM Opinion by Judge Albright)
Issue – Corporations & Associations – Is an employee who committed wrongful acts solely in his capacity as an employee entitled to indemnification pursuant to Md. Code Ann., Corporations & Associations § 2-418 when there is no nexus between the wrongful conduct and use of any corporate powers bestowed on him as an officer or director? 

Copinol Restaurant, Inc. v. 26 North Market Street, LLC – Case No. 43, September Term, 2024 (Certiorari to Circuit Court)
Issues – Real Property – 1) Can a landlord unilaterally terminate a commercial lease/tenancy and evict a tenant pursuant to a Holding Over Complaint (Md. Code Ann., Real Property §8-102) when the written lease between the parties has not expired? 2) Can a landlord unilaterally terminate a commercial lease/tenancy and evict a tenant pursuant to a Holding Over Complaint based on an alleged “breach of lease” premised on the tenant briefly being late with rent payment when, prior to the time of the landlord initiating suit, the tenant had paid all rent due and owing in full? 

Jamal Antoine Williams v. State of Maryland – Case No. 44, September Term, 2024 (Reported ACM Opinion by Judge Zic)
Issues – Criminal Law – 1) Does § 9-805(a) Criminal Law Article, which prohibits the “promot[ion]” of a criminal organization, require a specific intent to limit its scope to gang kingpins seeking to further one of the subtitle’s “underlying crimes” for the benefit of the organization? 2) Was there sufficient evidence to convict Petitioner of violating § 9-805(a) where his act of “promotion” consisted of standing by a codefendant who spray painted a gang symbol on a public wall, which is not one of the subtitle’s “underlying crimes”?

Trustees of the Walters Art Gallery, Inc., et al. v. Walters Workers United, Council 67, AFSCME, AFL-CIO, et al. – Case No. 45, Sept. Term, 2024 (Unreported ACM Opinion by Judge Leahy, dissent by Judge Getty)
Issue – State Government – Is the Museum a “unit or instrumentality of the State or of a political subdivision” under the Maryland Public Information Act?

Secretary, Department of Public Safety and Correctional Services v. Dallas Fenton – Case No. 46, September Term, 2024 (Reported ACM Opinion by Judge Meredith)
Issue – Correctional Services – Did ACM err in holding that § 3-702(c) of the Correctional Services Article, which prohibits an inmate from earning diminution credits “while serving a sentence for” a third-degree sex offense involving a victim under 16 if the inmate “was previously convicted of” such an offense, applies only where the “previous[] convict[ion]” occurred before commission of the offense for which the inmate is “serving a sentence”?