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June 2020 Maryland Certiorari Grants

Today the Court of Appeals of Maryland granted certiorari in two cases, both on petitions by the State in criminal cases. Read More…

May 2020 Maryland Certiorari Grants

The Maryland Court of Appeals has posted three new certiorari grants. It also recently accepted a certified question from the U.S. District Court for the District of Maryland. The four cases, with questions presented, are listed below.

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April 2020 Maryland Certiorari Grants

The Maryland Court of Appeals today granted review in two cases, both civil. They include the final certiorari petition filed by former City Solicitor (and Fourth Circuit Judge) Andre Davis before his retirement. The two cases, with questions presented, are below.

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March 2020 Maryland Certiorari Grants (one extra)

The Maryland Court of Appeals issued one additional certiorari grant on March 30, following last week’s monthly conference. The grant, with question presented, appears after the jump.

(In certiorari-adjacent news, the Fourth Circuit yesterday granted initial hearing en banc in Mayor & City of Council of Baltimore.) Read More…

March 2020 Maryland Certiorari Grants

Eight reported opinions of the Court of Special Appeals are now under further appellate review. Here are the writs of certiorari issued by the Court of Appeals today: Read More…

February 2020 Maryland Certiorari Grants

The Maryland Court of Appeals today posted grants in four cases. They are listed below, with questions presented and links to the Court of Special Appeals opinions under review. Read More…

Court of Appeals to Review New Expert-Testimony Requirement for Medical Malpractice Defendants Asserting “Empty Chair” Defense

By: Derek Stikeleather

Although it is well-established Maryland law that a medical negligence plaintiff must support her claim with expert testimony, the Court of Special Appeals recently issued the first Maryland appellate decision to hold that defendants have the same obligation when asserting an “empty chair” defense. Reiss v. Am. Radiology Servs., LLC, 241 Md. App. 316 (2019). The well-established “empty chair” defense asserts that a non-party’s negligence caused the alleged injury.[i] Under Reiss, those asserting the defense now must elicit “expert testimony, to a reasonable degree of medical probability, that the non-party breached the standard of care.”[ii]

Although the rule announced in Reiss is relatively straightforward, the holding’s full implications remain unclear for litigants in medical negligence cases. The Court of Appeals may address these issues on February 6 at oral argument in Reiss. The court can resolve an important unanswered question: Can defendants elicit the testimony from a properly qualified plaintiff’s expert? The Court of Special Appeals’ reasoning in Reiss and existing Maryland law should allow it. Read More…

January 2020 Maryland Certiorari Grants

Today, the Maryland Court of Appeals granted certiorari in one civil case and three criminal cases, including one where the State claims that a criminal defendant entered into a collusive marriage to obstruct justice and tamper with a witness.

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December 2019 Maryland Certiorari Grants

Happy holidays from the Maryland Appellate Blog! Yesterday, the Court of Appeals granted review in three criminal cases and five civil cases. One of the civil cases, MIA v. State Farm Mutual Auto Insurance Co., centers on uninsured motorist coverage and will be consolidated with a certified question raising the same issue. Read More…

November 2019 Maryland Certiorari Grants

Last week, the Maryland Court of Appeals granted review in three civil cases and two civil cases. Two of the civil cases are on petitions by Baltimore City Solicitor Andre Davis.  The third is from a Court of Special Appeals opinion (criticized in a post by Alan Sternstein) that reversed a $45 million judgment against Harford County.

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