In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smithâ€�), appellant, and the Maryland Port Administration (“MPAâ€�), appellee, over a lease (“Leaseâ€�) for office space in the Baltimore World Trade Center (“WTCâ€�). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More...   $0 (10-29-2009 - MD)

John and Sarah Shumaker, appellees,1 filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company (“FMCâ€�), appellant, for alleged violations of the following statutes: 1) Maryland’s Credit Grantor Closed End Provisions (“CLECâ€�), Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article (“CLâ€�) §§ 12-1001 et seq.; 2) Maryland’s Consumer Pro... More...   $0 (11-02-2009 - MD)

Tiffini Wallace, individually and on behalf of her two children, sued City Homes Incorporated on negligence and negligent representation theories claiming that the rowhouse that she rented was contaminated with lead paint which caused her children to suffer developmental problems from exposure to the lead.

The defenses asserted by Defendant are not available.... More...   $2500000 (11-04-2009 - MD)

Jamie Marie Meissner sued Orange County, California sheriff's deputies on a civil rights violation theory under 42 U.S.C. 1983 claiming that the deputies used excessive force when she was arrested on suspicion of given false information to them after she was questioned by Laguna Beach police for jaywalking.

Defendants denied wrongdoing.... More...   $0 (10-28-2009 - MD)

This appeal is from a judgment entered by the Circuit Court for Prince George’s County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio... More...   $0 (10-05-2009 - MD)

This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPDâ€�) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passynsâ€�), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRAâ€�), Maryland Code (2004 Rep... More...   $0 (10-13-2009 - MD)

This case arises from a tort suit brought by appellant, Barbara Abrishamian, against appellee, Earl Barbely, in the Circuit Court for Montgomery County. Prior to the start of testimony, appellant moved for the judge’s recusal, which motion the trial court denied. During testimony, appellant moved for a mistrial based on the admission of prejudicial evidence, which the trial court also denied. Af... More...   $0 (10-05-2009 - MD)

The question presented by this appeal is whether the applicable statute of limitations for a claim filed in Maryland pursuant to the federal Telephone Consumer Protection Act of 1991 (“TCPAâ€�) is four years – based upon the federal “catch allâ€� limitation period set forth in 28 U.S.C. § 1658(a) – or three years – based upon the Maryland general civil limitation period set forth in Mar... More...   $0 (10-05-2009 - MD)

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (10-03-2009 - MD)

In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More...   $0 (09-25-2009 - MD)

Bryan Gray was killed when the Chevrolet Beretta that he was driving was hit by a Prince George's County patrol car being driven at twice the posted speed limit on a residential street by Cpl. Mario Chavez in December 2007. Gray was on his way to the University of Maryland to take an examination and was being followed by his mother. He was attempting to execute a left turn his his car was hit by... More...   $4000000 (09-19-2009 - MD)

This matter arises from a wrongful death action filed by appellants, Herbert Livingstone, individually and as administrator and personal representative of the estate of his deceased wife, Tracy Orr (“Dr. Orrâ€�), who died on November 12, 2002, three days after giving birth to twin boys by a pre-term Cesarean section.1 The complaint alleged medical negligence by appellees Richard S. Margolis, M.D... More...   $0 (08-27-2009 - MD)

This case arises from a tragic accident that led to the death of thirty-five year old Robert Collins (“the Decedentâ€�). In the early morning hours of February 17, 2005, just south of Havre de Grace, Maryland, the Decedent was working as an Electric Traction Lineman for appellee/cross-appellant, National Railroad Passenger Corporation (“Amtrakâ€�), as a member of a five-man crew headquartered ... More...   $0 (08-27-2009 - MD)

In the Circuit Court for Calvert County, Hartford Underwriters Insurance Company (“Hartfordâ€�), the appellant, as subrogee of K.B.K., Inc. (“K.B.K.â€�), sued John L. Mattingly Construction Co., Inc. (“Mattinglyâ€�) and Wilma L. Phoebus d/b/a Wilma Phoebus Electric Company (“Phoebusâ€�), the appellees, for negligence, breach of contract, and breach of warranties. After a hearing, the court... More...   $0 (08-31-2009 - MD)

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI� job with the Maryland Department of Transportation (“MDOT�), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina... More...   $0 (08-31-2009 - MD)

In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI� job with the Maryland Department of Transportation (“MDOT�), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.

Maddalone challenged his termina... More...   $0 (08-31-2009 - MD)

Mi Bong Hong ("Ms. Hong") appeals a judgment entered against her in favor of Chong Chin Cha ("Ms. Cha") by the Circuit Court for Anne Arundel County in the amount of $104,795.26.

Background

The instant appeal is the second time the parties’ case has been before this Court. The parties’ first appellate journey resulted in an unreported opinion by a panel of this Court authored by ... More...   $0 (08-31-2009 - MD)

Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Associationâ€�), Azadeh Kaider (“Azadehâ€�), Brian Kaider (“Brianâ€�), Lourdes Sandoval (“Lourdesâ€�), and Santiago Sandoval (“Santiagoâ€�).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More...   $0 (08-31-2009 - MD)

The central issue in this case is whether, in the absence of a controlling decision by the U.S. Supreme Court and in the face of divided federal precedent, a Maryland court is bound to apply a contractual choice-of-law clause that has the effect of interpreting federal law in a manner inconsistent with a decision of the Court of Appeals of Maryland. We conclude that it would be contrary to the fun... More...   $0 (08-31-2009 - MD)

This appeal arises from a civil rights action brought by the Equal Employment Opportunity Commission on behalf of La Tonya Medley, an African-American female. The EEOC alleges that Medley’s former employer, Central Wholesalers, Inc. ("Central"), subjected her to a hostile work environment based on her gender and race and constructively discharged her. The district court granted summary judgment ... More...   $0 (07-21-2009 - MD)

On June 22, 2006, Connor Freed (“Connor�), who was five, was taken by Paul Carroll, an adult family friend, to the swimming pool at the Crofton Country Club, in Crofton, Maryland. At approximately 4:30 that afternoon, Connor drowned in the Country Club’s swimming pool. The pool was managed at the time of the drowning by D.R.D. Pool Service, Inc. (“the pool company�), appellee.

Les... More...   $0 (07-06-2009 - MD)

In this appeal we consider whether a tort action, filed within the general three year statute of limitations, may proceed against the State of Maryland (“Stateâ€�) when the State is made a party to the suit after the three-year filing deadline specified by the Maryland Tort Claims Act (“MTCAâ€�). Kathy Ferguson, appellant, filed a tort action in the Circuit Court for Baltimore City against Sta... More...   $0 (07-07-2009 - MD)

In Walzer v. Osborne, 395 Md. 563, 585 (2006), the Court of Appeals held: “Because [the claimant had] failed to attach the expert report to the certificate of qualified expert in a timely manner, the trial court was required to dismiss [the] medical malpractice claim.â€� When the Walzer decision was announced, the appellants in the present appeal were in the midst of pursuing claims based upon a... More...   $0 (07-06-2009 - MD)

In the Circuit Court for Baltimore City, after a jury awarded $2,300,000 in noneconomic damages to Kelly Green,1 Petitioner, for injuries resulting from her exposure to lead-based paint, the Circuit Court entered the following ORDER: The jury in the above-captioned case on March 26, 2007, having entered verdict in the above-captioned case in favor of the Plaintiff, and said verdict being in excess... More...   $0 (07-21-2009 - MD)

This case involves the relationship between Maryland Rule 2-522(c), the “special verdict� rule,1 and § 3-507.1 of the Labor and Employment Article (LE), Maryland’s Wage Payment and Collection Law. LE §3-507.1 provides: Action to recover unpaid wages.

(a) In general.--Notwithstanding any remedy available under § 3-507 of this subtitle, if an employer fails to pay an employee in acco... More...   $0 (07-21-2009 - MD)

Lanay Brown (“Petitionerâ€� or “Lanayâ€�),1 was born on 17 December 1990. Since her birth, her maternal aunt, Catherlina Queen, raised her. At some time early in Lanay’s life, she and her aunt moved into a property on Reisterstown Road in Baltimore City (“the Subject Propertyâ€�),2 where they resided until 1994. While Lanay and Ms. Queen lived there, the Subject Property was owned by the D... More...   $0 (07-22-2009 - MD)

In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare provider’s treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breac... More...   $0 (07-24-2009 - MD)

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of ... More...   $0 (06-25-2009 - MD)

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

In this case, we address the boundaries of Frye-Reed1 with respect to a hypothesis proffered, on behalf of Pamela and Ernest Blackwell, Petitioner, by their expert, Dr. Mark Geier, involving whether the presence of the preservative “thimerosalâ€�2 in childhood vaccines, causes neurological defects, such as autism,3 as well as his and four other individuals’ qualifications to be experts under M... More...   $0 (05-07-2009 - MD)

The litigation giving rise to this appeal has its genesis in November 2002, when Diamond Point Plaza Limited Partnership, owner of a shopping center in Baltimore County, defaulted on a mortgage loan that was secured by the shopping center property. Appellant Wells Fargo Bank, N.A. (“Wells Fargoâ€�), as trustee for the assignees of the mortgage, brought an action in the Circuit Court for Baltimor... More...   $0 (05-08-2009 - MD)

Petroleum Traders Corporation of Indiana sued Baltimore County, et al. on a breach of contract theory claiming that Defendant defaulted on its agreement to pubjchase gasoline and diesel fuel. Plaintiff claimed that the county broke its contract with the company in late 2005, after officials discovered the price of fuel it had locked in with the firm was higher than the market price.

Defend... More...   $700000 (05-22-2009 - MD)

Michael Andrew appeals from the district court’s order granting the Defendants’ motion to dismiss this 42 U.S.C. § 1983 civil rights action for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Andrew named as defendants two former Baltimore Police Department ("BPD") police commissioners and a BPD deputy police commissioner. Andrew contends tha... More...   $0 (04-02-2009 - MD)

Owners of 90 Jacksonville, Maryland sued Exxon Mobil Corporation on negligence and other theories claiming that their properties and health were damages as a result of 26,000 gallons of gasoline leaking out of a storage tank at a local Exxon Mobil gas station near their homes. The Plaintiffs sought compensatory and punitive damages including the appraised value of their homes and medical monitori... More...   $150000000 (03-13-2009 - MD)

Plaintiff-Appellant Contech Stormwater Solutions, Inc. (“Contech�) sued Defendants-Cross Appellants Baysaver Technologies, Inc. and Accubid Excavation, Inc. (collectively, “Baysaver�) in the United States District Court for the District of Maryland for infringement of U.S. Patent No. 5,707,527 (the ‘527 patent).1

Contech appeals the district court’s grant of Baysaver’s motion... More...   $0 (02-13-2009 - MD)

Andrea McCarren used Prince George's County and others on civil rights violation and other theories claiming that she was injured by county police officers during an incident that occurred the morning of April 15, 2005, when McCarren and her cameraman, Pete Hakel, were following Cpl. Danon Ashton, the police liaison to the county's chief administrative officer, Jacqueline Brown. McCarren was inves... More...   $5000 (01-17-2009 - MD)

William Tsai brought a Title VII discrimination suit against his employer, the Maryland Aviation Administration (MAA). Mr. Tsai, a native of Burma, alleged that MAA refused to reclassify his administrative position into a higher pay grade for discriminatory and retaliatory reasons in violation of Title VII. MAA filed a motion captioned “motion to dismiss or in the alternative for summary judgmen... More...   $0 (12-31-2008 - MD)

This appeal arises from a foreclosure sale of real property. On December 13, 2007, after four days of hearings, the Circuit Court for Harford County entered an order overruling the appellants’ exceptions and ratifying the auction sale of appellants’ property, which occurred on February 15, 2007. The appellants filed a motion to alter or amend judgment and a motion for new trial, which were den... More...   $0 (01-06-2009 - MD)

Largo Town Center, LLC. For clarity, we shall refer to those companies as DDRM. Regency Furniture, Inc. (“Regencyâ€�), an appellee and cross-appellant, is a furniture store that leased premises from a landlord now known as DDRM Largo Town Center, LLC (“DDRMâ€�), an appellee and cross-appellant.1 During the relevant time, Nationwide Mutual Insurance Company (“Nationwideâ€�), the appellant and... More...   $0 (01-09-2009 - MD)