Partlow Decision Shows That Maryland Closely Guards Scope of Tort Defendants’ Duty
One of the Court of Appeals’ more notable decisions from 2018 is Kennedy Krieger Institute, Inc. v. Partlow, 460 Md. 607 (2018), which analyzed the scope of a Maryland tort defendant’s duty of care. The Partlow court was asked whether medical researchers at Kennedy Krieger[i] owed a duty of care not only to participants in its medical research study on lead-paint abatement but also to a participant’s sibling, who was not part of the study. With compelling arguments from both sides, the court split 4-3, holding that the researchers owed a duty to the non-participating sibling.
December 2018 Maryland Certiorari Grants
The Maryland Court of Appeals granted review in six cases yesterday. All were civil cases, addressing toxic torts, taxation, termination of parental rights, and the law governing partnerships and homeowners associations. Below are the six grants, with questions presented and links to the Court of Special Appeals opinions under review. Read More…
Eleven Nominated for Court of Special Appeals: December 2018
Today, the Appellate Judicial Nominating Commission advanced a total of eleven names for the two pending vacancies on the Court of Special Appeals (At-Large and Montgomery County), from the impressive list of lawyers and judges who applied in August. Read More…
Maryland Court of Appeals Vacancy Re-advertised
As previously reported on the Maryland Appellate Blog, Judge Sally D. Adkins’s retirement left a vacancy on the Court of Appeals, for the First Appellate Judicial Circuit. In August, three submitted applications for the seat – Christopher F. Drummond, Judge Christopher B. Kehoe, and Judge Brett W. Wilson. But, according to the Maryland Courts website, “[t]his vacancy is being re-advertised for new applicants.”
**Correction: As originally posted, this blog post incorrectly stated that the Appellate Judicial Nominating Commission had nominated all three existing applicants. In fact, the Commission has yet to make any nominations for this vacancy. This correction has been made.
For direct updates on the Appellate Judicial Nominating Commission’s consideration of applications for this vacancy and others, see the Maryland Courts website.
Judge Matt Fader to Become COSA’s Next Chief Judge
Governor Larry Hogan announced today that Court of Special Appeals Judge Matt Fader will become the Court’s next chief judge. Current Chief Judge Patrick Woodward reaches the mandatory retirement age of 70 next week. The press release states: Read More…
Defense counsel’s opening statement didn’t open the door – Ford v. State
Suppose defense counsel in a homicide trial gives an opening statement suggesting that the victim had been the aggressor and had initiated the fight that ultimately led to his death. Does that opening statement open the door to permit the prosecution, in its case-in-chief, to introduce evidence showing the victim’s character trait for peacefulness? That was one of the issues facing the Court of Appeals in Ford v. State, No. COA-REG-0011-2018 (Oct. 26, 2018).[i] In an opinion authored by Judge Shirley Watts, the Court held that defense counsel’s opening statement had not opened the door and that the trial court erred in allowing the State to introduce the character evidence in its case-in-chief. But the defense victory was pyrrhic, as the Court also held that the error was harmless and thus affirmed the conviction for second-degree murder.
November 2018 Maryland Certiorari Grants
Yesterday, the Court of Appeals granted review in five cases: `
Baltimore County, Maryland v. Michael Quinlan – Case No. 50, September Term, 2018
(Unreported COSA Opinion by Judge Leahy)
Issues – Workers’ Compensation – 1) Did the trial court err in denying Petitioner’s motion for summary judgment, given the lack of a clearly defined occupational disease as the basis for the claim and evidence that the conditions were shown to be prevalent in all occupations involving heavy physical labor not uniquely related to the work of a paramedic or EMT as an inherent and inseparable risk? 2) Did CSA err in finding that Respondent met the statutory requirements set forth in LE §9-502(d)(1) and that he had sufficiently established at trial that his condition resulted from an inherent hazard of his employment as a paramedic or EMT? 3) Should this Court review the decision below under the statutory requirements and existing case law, particularly Black and Decker Corporation v. Humbert, 189 Md.App. 171 (2009), which similarly ignores the legislative requirement that a disease is only occupational if it is “due to the nature of an employment in which the hazards of the occupational disease exist” (LE §9-502(d)(1)(i)), to provide clarification and guidance on the requirement for establishing a legally sufficient claim for occupational disease? Read More…
Taxpayer Standing Cases Pending Yet Again in the Court of Appeals: Herein, About Whose Interest Is It Anyways?
The Court of Appeals is poised once again to tackle the subject of standing in Maryland courts, particularly the doctrine of so-called “taxpayer standing.”[1] Four relatively recent and lengthy decisions by the Court have already addressed the matter at length, including the related “property owner standing,” doctrine. Anne Arundel County v. Bell, 442 Md. 539, 113 A.3d 639 (2015); State Center, LLC v. Lexington Charles Ltd. P’ship, 438 Md. 451, 92 A.3d 400, 458 (2014); 120 West Fayette St., LLLP v. Mayor and City Council of Baltimore, 426 Md. 14, 43 A.3d 355 (2012) (“Superblock III”); and 120 W. Fayette St., LLLP v. Mayor and City Council of Baltimore, 407 Md. 253, 964 A.2d 662 (2009) (“Superblock I ”). Two new appeals raise issues showing the lack of clarity that remains regarding taxpayer standing in Maryland. Read More…
Upcoming Event: Appellate Practice Tips from the Bench and Bar
This flier just arrived in the email inboxes of MSBA Section of Litigation and Young Lawyer’s Section members. Click here to register. It’s an excellent opportunity to hear from Judges Hotten, Wright, and Fader.
The topics of discussion will include:
- Standards of review
- Issue & error preservation
- The final judgment rule
- Appellate issue selection (COSA)
- Cert. issue selection (COA)
- The brief
- Oral argument
October 2018 Maryland Certiorari Grants (Batch #2)
The Maryland Court of Appeals granted certiorari today in seven cases. The likely headliner is In re S.K., reviewing a 16 year-old’s conviction for distributing child pornography, based on her texting two friends a video depicting herself engaged in lawful and consensual sexual conduct.
The grants, with questions presented, are below. Read More…
Maryland Appellate Blog 