February 2026 Maryland Certiorari Grants

On Friday, the Supreme Court of Maryland granted review in two civil appeals and one criminal appeal.

Prince George’s County, Maryland v. Joseph Watts – Case No. 56, September Term, 2025 (Reported ACM Opinion by Chief Judge Wells)
Issues – Torts – 1) Did ACM err in finding that employment discrimination and retaliation claims are not torts? 2) Did ACM err in finding that the General Assembly did not intend for the Local Government Tort Claims Act (“LGTCA”) apply to statutory claims? 3) Did ACM err in not finding that the LGCTA statutory damages cap applies to Watts’ “Other Damages” award, which are damages indistinguishable from traditional tort damages?

Montay D. Shuler v. State of Maryland – Case No. 57, September Term, 2025 (Reported ACM Opinion by Judge Deborah Eyler)
Issues – Criminal Law – 1) Does a defendant lose his right to an otherwise apt jury instruction on the voluntariness of his pretrial statement simply because it was offered for impeachment purposes or because the content of his statement is “exonerating”? 2) Is the “some evidence” standard for requesting a jury instruction on voluntariness indeed a “low threshold” under the totality of the circumstances in which the statement was made or must a defendant generate specific evidence of improper inducement, threats, or coercion?

The Council of Unit Owners of the Millrace Condominium, Inc., et al. v. Shapiro Sher Guinot & Sandler, P.A., et al. – Case No. 58, September Term, 2025 (Unreported ACM Opinion by Chief Judge Wells)
Issue – Torts – Malicious Use of Process – Can the victims of an action determined to be a bad faith SLAPP (Strategic lawsuit against public participation) suit pursuant to Courts & Judicial Proceedings § 5-807 maintain a cause of action for damages under the malicious use of process doctrine?