Daily Record (Baltimore, MD) articles from February 2009

Daily Record (Baltimore, MD) archives from February 2009

Hampden used-car buyer settles suit over repair history.
February 2, 2009... Byline: Danny Jacobs A Hampden man has reached a $7,500 settlement with a Volkswagen dealer that sold him what it said was a used car with a new engine, when the car allegedly contained used engine parts and had an extensive repair...

This year's first Maryland law firm merger.
February 2, 2009... Byline: Brendan Kearney Maryland's law firm community has not seen the same dissolution and merger frenzy as other markets over the past year, but two firms that generally represent union-member plaintiffs have kicked off 2009 by joining...

First networking event for U of Baltimore's new career development director.
February 2, 2009... Byline: Danny Jacobs The first networking event of the semester for the University of Baltimore's Law Career Development Office was also the first networking event organized by the office's new director. But Astrid Schmidt worked the...

Judge brings adult drug court to St. Mary's County.
February 2, 2009... Byline: Danny Jacobs Judge Karen H. Abrams admitted there was a slight period of adjustment when she joined the St. Mary's County Circuit Court in the fall of 2002. After six months, you start to at least not feel a daily panic, she...

Montgomery County woman injured by fire pit awarded less than $10K.
February 2, 2009... Byline: Brendan Kearney A Montgomery County woman whose arm was injured when employees at a Gaithersburg Sam's Club warehouse store mishandled the fire pit she intended to buy while retrieving it from a shelf has won nearly $10,000 for her...

Maryland Lawyers on the Move: February 2, 2009.
February 2, 2009... Byline: The Daily Record Staff Miles & Stockbridge P.C. announced that Justin C. Eller, Donald E. English Jr., Katherine D. Fones, Eric G. King, William M. Krulak Jr., David R. Schaffer and Matthew T. Wagman have been promoted to principals...

U.S. Supreme Court: Fitzgerald v. Barnstable School Comm.
February 2, 2009... Byline: The Daily Record Civil Procedure Scope of s.1983 BOTTOM LINE: 1st Circuit erred in holding that Title IX precluded a s.1983 action alleging unconstitutional gender discrimination in schools. CASE: Fitzgerald v. Barnstable...

U.S. Supreme Court: Waddington v. Sarausad.
February 2, 2009... Byline: The Daily Record Criminal Procedure Habeas Corpus BOTTOM LINE: Because the underlying state-court decision did not result in an unreasonable application of...clearly established Federal law, s.2254(d)(1), the 9th Circuit erred...

U.S. Supreme Court: Herring v. United States.
February 2, 2009... Byline: The Daily Record Criminal Procedure Search and seizure BOTTOM LINE: When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless...

U.S. Supreme Court: Oregon v. Ice.
February 2, 2009... Byline: The Daily Record Criminal Procedure Sentencing BOTTOM LINE: The Sixth Amendment does not inhibit States from assigning to judges, rather than to juries, the finding of facts necessary to the imposition of consecutive, rather...

U.S. Supreme Court: Locke v. Karass.
February 2, 2009... Byline: The Daily Record Labor & Employment First Amendment BOTTOM LINE: First Amendment permitted local union to charge nonmembers for national litigation expenses where the subject matter was of a kind that would be chargeable if the...

U.S. Supreme Court: Pearson v. Callahan.
February 2, 2009... Byline: The Daily Record Torts Qualified immunity BOTTOM LINE: The 10th Circuit erred in finding that petitioner police officers were not entitled to immunity in criminal defendant's s.1983 suit based on inflexible application of...

4th Circuit: CFA Institute v. Institute of Chartered Financial Analysts of India.
February 2, 2009... Byline: The Daily Record Civil Procedure Personal jurisdiction BOTTOM LINE: Minimum contacts existed to allow district court personal jurisdiction over company based in India that engaged in business with Virginia company. CASE:...

4th Circuit: M. S. v. Fairfax County School Board.
February 2, 2009... Byline: The Daily Record Civil Rights Individuals with Disabilities in Education Act BOTTOM LINE: District court erred by failing to consider parents' claim against school board for reimbursement of private school tuition for their...

4th Circuit: WV Association of Club Owners and Fraternal Services, Inc. v. Musgrave.
February 2, 2009... Byline: The Daily Record Constitutional Law First Amendment BOTTOM LINE: District court erred in granting plaintiff's motion for preliminary injunction and enjoining enforcement of West Virginia's restrictions on limited video lottery...

4th Circuit: Forrester v. Penn Lyon Homes, Inc., et al.
February 2, 2009... Byline: The Daily Record Contracts Motion to compel arbitration BOTTOM LINE: District court properly found that defendant construction companies defaulted right to compel arbitration by engaging in extensive litigation measures,...

4th Circuit: U.S. v Myers.
February 2, 2009... Byline: The Daily Record Criminal Law Sentencing enhancement BOTTOM LINE: Where criminal defendant was subject to a six-level enhancement under both the 2005 and 2006 sentencing guidelines, district court's use of the 2006 guidelines...

4th Circuit: United States v. Fields.
February 2, 2009... Byline: The Daily Record Criminal Procedure Re-sentencing BOTTOM LINE: District court exceeded its authority under Federal Rule of Criminal Procedure 35(a) when it convened a second resentencing hearing to amend a prior order by...

4th Circuit: United States v. Murphy.
February 2, 2009... Byline: The Daily Record Criminal Procedure Search and seizure BOTTOM LINE: District court properly denied criminal defendant's suppression motion where there was sufficient evidence for the court to infer that defendant's cellular...

4th Circuit: U.S. v. Linder.
February 2, 2009... Byline: The Daily Record Criminal Procedure Waiver of appeal BOTTOM LINE: Where criminal defendant pleaded guilty and waived his right to appeal, then unsuccessfully attempted to challenge the propriety of his sentence on direct...

4th Circuit: Mosere v. Mukasey.
February 2, 2009... Byline: The Daily Record Immigration Law Removal proceedings BOTTOM LINE: Board of Immigration Appeals did not abuse its discretion in denying alien's motion to reopen removal proceedings where final order of voluntary departure was...

4th Circuit: Pressley v. Tupperware Long Term Disability Plan.
February 2, 2009... Byline: The Daily Record Labor & Employment Statute of limitations BOTTOM LINE: Where federal statute did not contain statute of limitations, district court considering dismissal motion challenging timeliness was required to borrow...

4th Circuit: Pitt County v. Hotels.com, LP.
February 2, 2009... Byline: The Daily Record Taxation Occupancy tax BOTTOM LINE: District court properly dismissed county's claim against online travel company for failure to pay taxes where the company was not a retailer under statute governing occupancy...

U.S. District Court, Md.: TECH USA, Inc. v. Evans, et al.
February 2, 2009... Byline: The Daily Record Contracts Validity of forum-selection clause BOTTOM LINE: District court enforced forum-selection clause written in non-compete agreement upon finding it mandatory under the terms of the contract and not...

Legal Opinions - Office of Administrative Hearings: February 2, 2009.
February 2, 2009... Byline: The Daily Record OFFICE OF ADMINISTRATIVE HEARINGS THIS IS A CONFIDENTIAL DECISION AND THE NAMES OF THE PARTIES SHALL NOT BE DISCLOSED Medical Assistance Long Term Care Appellant v. Montgomery County Department of...

Think tank finds diversity still lacking on bench in Maryland.
February 2, 2009... Byline: Caryn Tamber States have a way to go before their trial and appellate courts are as diverse as they should be, a new study found. The Brennan Center for Justice studied judicial diversity in 10 states, including Maryland, and...

Maryland judiciary, Dept. of Legislative Service $26M apart on budget.
February 2, 2009... Byline: Steve Lash The Maryland judiciary and the General Assembly's research office have a nearly $26 million difference of opinion on how much money the judicial branch should receive next fiscal year, when the state is threatened with a...

Proposed Maryland law would turn over unused gift cards to the state.
February 2, 2009... Byline: Ben Mook A recently proposed bill seeks to create a new revenue stream for the state -- unused money from gift certificates, gift cards and even prepaid calling cards. HB 126 would classify any gift card, prepaid credit card, gift...

Q&A with Christian Johansson, secretary of Dept. of Business and Economic Development.
February 2, 2009... Byline: Andy Rosen Maryland's new business and economic development chief says he will be a strong advocate for the state's established business community in Gov. Martin O'Malley's cabinet. In an interview with The Daily Record, Christian...

Baltimore County, utilities fighting over pole-removal costs.
February 2, 2009... Byline: Danny Jacobs Baltimore County is attempting to save taxpayers about $500,000 annually by claiming utility companies must bear the expense of moving utility poles for public works projects -- and it's willing to go to trial to do...

Former government lawyers in Maryland discuss the perils of politicization.
February 2, 2009... Byline: Danny Jacobs Sharon Y. Eubanks, a career lawyer in the Department of Justice, knew the pressure from political appointees she felt while serving as lead counsel in the government's RICO action against the tobacco companies was...

A Baltimore city school that is ready for shovels.
February 2, 2009... Byline: Robbie Whelan The glass-block windows in Susan Evans' fifth-grade classroom are streaked with cracks, and the last time she painted the walls was three years ago, using paint she paid for out of her own pocket. When it rains, the...

Meet the new keeper of drug-treatment funds in Baltimore.
February 2, 2009... Byline: Brendan Kearney Though Greg Warren has only been Baltimore's drug treatment chief for a month, the few trinkets he has found time to perch around his 16th-floor downtown corner office offer clues about the man and his plans. Most...

The Daily Record News Briefs: February 2, 2009.
February 2, 2009... Byline: The Daily Record Staff Foundation idles W.Va. mines Foundation Coal Holdings Inc. said it's idling three high-cost West Virginia mines and a preparation plant. Linthicum Heights-based Foundation said it's stopping work at the...

Retired Baltimore City Circuit sentencing judge takes stand in hearing on notes.
February 2, 2009... Byline: Brendan Kearney In the courtroom next door to the one where, 18 months earlier, he had presided over the long, contentious and gruesome trial of two men accused of nearly beheading three children, retired Baltimore City Circuit...

Maryland Court of Special Appeals adds weight to church property decision.
February 2, 2009... Byline: Christina Doran A decision requiring a local church to turn over almost $40 million to its parent denomination has been published by the Court of Special Appeals, allowing the holding to be cited as precedent. The opinion,...

The Daily Record News Briefs: February 3, 2009.
February 3, 2009... Byline: The Daily Record Staff New bus service Southern Pennsylvania commuters who travel down Interstate 83 into Maryland have a new transportation option: a bus line connecting York and Shrewsbury to Baltimore's light rail system....

Former DBED director Edgerley to join HarVest Bank.
February 3, 2009... Byline: DANIELLE ULMAN

Former Maryland Dept. of Business and Economic Development director Edgerley to join HarVest Bank.
February 3, 2009... Byline: Danielle Ulman Three days after leaving the state's Department of Business and Economic Development, David W. Edgerley landed a job much closer to home. After shuttling back and forth from Germantown in Montgomery County to...

Maryland marketers: For Phelps, after 2nd offense, saying 'sorry' isn't good enough.
February 3, 2009... Byline: Liz Farmer With Olympian Michael Phelps' image in question, some sports marketers are criticizing what they say is the tepid way his management team has handled the situation and are warning that his endorsement deals with...

Exxon expert testifies in Baltimore County Circuit Court; tells Jacksonville residents not to worry.
February 3, 2009... Byline: Danny Jacobs Dr. Gary R. Krieger offered simple advice to Jacksonville residents worried about an increased risk of cancer from exposure to a gasoline additive following a 2006 gasoline leak: Don't. They should be reassured...

Maryland legislation aims to get guns away from abusers.
February 3, 2009... Byline: Steve Lash In an effort to prevent volatile home situations from turning deadly, Gov. Martin O'Malley will propose legislation to let judges order alleged perpetrators of domestic violence to surrender any guns they possess when...

Six companies bid to operate 10,550 slot machines in Baltimore area.
February 3, 2009... Byline: Andy Rosen and Robbie Whelan The state received bids for slightly more than two-thirds of the slot machines that voters approved in a November referendum, officials said Monday after unsealing six proposals from potential...

Hearing is on court's schedule, but not Baltimore mayor's.
February 3, 2009... Byline: Brendan Kearney Unlike most criminal defendants in the city she leads, Baltimore Mayor Sheila A. Dixon will not appear at her scheduled arraignment this morning to face the dozen corruption charges handed up by a grand jury last...

Baltimore woman sues McDonald's over contents of cup.
February 4, 2009... Byline: Brendan Kearney Late one evening last September, Caryl Jones ordered an iced tea at the drive-through of the McDonald's near her Northwest Baltimore home. But that's not what she got, according to her lawsuit in Baltimore City...

Maryland lawmakers weigh 'Truth in Sentencing'.
February 4, 2009... Byline: Steve Lash Saying law-abiding people are losing confidence in the certainty of criminal penalties, Del. Luiz R.S. Simmons is calling for the creation of a state panel to consider revising or eliminating the credits that shave time...

The Daily Record News Briefs: February 4, 2009.
February 4, 2009... Byline: The Daily Record Staff Turning waste to energy Regional officials have chosen a unit of Houston-based Waste Management Inc. to build and operate a proposed waste-to-energy incinerator in Frederick County. Wheelabrator...

Jacksonville residents question safety of Exxon additive.
February 4, 2009... Byline: Danny Jacobs Robert J. Weltchek asked Dr. Gary R. Krieger the question on the minds of many Jacksonville residents after Krieger said Monday a gasoline additive that leaked into their wells in early 2006 did not increase their risk...

Maryland race commission says marketing needed in addition to slots.
February 4, 2009... Byline: Liz Farmer Maryland racing officials expressed concern Tuesday that if media coverage of the sport continues to decline, slot machines alone could not fill up the grandstands. The issue came up at the Maryland Racing...

Baltimore mayor, city councilwoman, city developer delay pleas.
February 4, 2009... Byline: Brendan Kearney The mayor of Baltimore, a city councilwoman and a prominent city developer indicted last month for political corruption were all absent Tuesday morning at their scheduled arraignments. However, Mayor Sheila A....

Even more setbacks for slots in Maryland.
February 4, 2009... Byline: Robbie Whelan The state has received paid applications for fewer than half of the 15,000 video lottery terminals approved in November's referendum, the commission appointed to hand out the licenses said Tuesday. The Video...

Ruling by 4th Circuit won't stop Baltimore's and Worcester County's e-booking lawsuits.
February 5, 2009... Byline: Brendan Kearney Lawyers for Baltimore City and Worcester County say they are not concerned about a recent federal appellate court decision in favor of the same group of online booking sites the two jurisdictions are suing for...

Maryland Senate panel mulls freezing judges' pay.
February 5, 2009... Byline: Steve Lash A Senate budget panel on Wednesday took a giant step toward freezing judges' salaries next year, a cost-saving effort that has the judiciary's consent during these trying economic times. The Senate Budget and...

The Daily Record News Briefs: February 5, 2009.
February 5, 2009... Byline: Daily Record Staff Report Hilton moves to Tyson's Corner Hilton Hotels Corp. announced Wednesday it is relocating its headquarters to Virginia's Fairfax County, investing $17 million in the move and creating more than 300 full-time...

Maryland's insurance commissioner unveils four bills to aid consumers.
February 5, 2009... Byline: Danielle Ulman The state's insurance commissioner unveiled a group of legislative proposals Wednesday to reform insurance industry health care practices that he said would benefit citizens without affecting Maryland's heavily...

Geppi's Museum in Baltimore pays its bill to Maryland Stadium Authority.
February 5, 2009... Byline: Liz Farmer After more than a year of being behind in its rent, Geppi's Entertainment Museum has squared up its account with its landlord, the Maryland Stadium Authority. Executive Director Michael Frenz said that Geppi's check...

Proposal for tax amnesty in Md. has support.
February 5, 2009... Byline: Andy Rosen There are efforts under way in both chambers of the General Assembly to institute a period of tax amnesty this year, loosening penalties for individuals and some businesses that come forward to pay back taxes. The...

State of Maryland hasn't received fee from Magna Entertainment Corp.
February 5, 2009... Byline: Andy Rosen The state had not received the application fees that it expected from two potential slot machine operators late Wednesday, leaving Maryland well short of its anticipated revenue from the applications two days after the...

The Daily Record News Briefs: February 6, 2009.
February 6, 2009... Byline: The Daily Record Staff Laurel station upgrade Vice President Joe Biden campaigned for President Barack Obama's economic stimulus package Thursday, touring a Laurel train station he said is one of thousands nationwide that would...

Maryland bill lets child-abuse victims sue until 50.
February 6, 2009... Byline: Steve Lash Saying child-abuse victims are often not ready to confront their attackers until middle age, a senator on Thursday urged her fellow lawmakers to raise from 25 to 50 the age by which a person may sue his or her abuser....

Baltimore developer says proposed slots facility will be 'something spectacular'.
February 6, 2009... Byline: Robbie Whelan Adults and children alike wander the half-empty floor of the Arundel Mills Mall location of Dave & Buster's, just after lunch Thursday, playing casino-like electronic games and competing for tickets that can be...

Commentary: Tech Talk: Mint.com helps do-it-yourselfers manage money.
February 6, 2009... Byline: Larry Fiorino Money is hard to come by these days, so we have to manage as efficiently as possible. How can you get a handle on what you are spending without going crazy or without spending a lot on advisors and financial planners?...

Maryland Jockey Club: Preakness not BYOB anymore.
February 6, 2009... Byline: Liz Farmer The biggest change so far to this year's Preakness doesn't have anything to do with horses. In an effort to change the image of the race's wild and often unruly infield fan area, the Maryland Jockey Club announced...

Commentary: Regional Perspectives: Here's a capital idea--investment in infrastructure.
February 6, 2009... Byline: Joe Nathanson The effects of the national recession continue to roll across Central Maryland. We view the television ads of the Circuit City going-out-of-business sales, we note the impending closing of Filene's Basement at three...

Federal judge limits pro-life group's suit against U of Maryland, Baltimore County.
February 6, 2009... Byline: Danny Jacobs A federal judge has narrowed a lawsuit filed by a student pro-life group that claims the University of Maryland, Baltimore County violated its First and 14th Amendment rights by moving a display featuring images of...

Maryland Senate President Miller: State panel on slots should restart bid process.
February 6, 2009... Byline: Andy Rosen Senate President Thomas V. Mike Miller Jr. said Thursday that the state commission reviewing slot machine proposals should consider restarting the bidding process. I'd have to believe that the bidding process at the...

Commentary: Michael Steele and the art of showing up.
February 6, 2009... Byline: C. Fraser Smith He's out to revive the national GOP, a tall order. But it might seem like a piece of cake for a Republican from heavily Democratic Maryland. Yet former Maryland Lieutenant Governor Michael S. Steele assumes his...

Commentary: Baltimore philanthropy has done much, thanks to hard work and great leaders.
February 6, 2009... Byline: Betsy Nelson Like many organizations, in January we take stock of our accomplishments for the previous year and reflect upon what our goals are for the next. Looking back to 2008, I see a year that was great in many ways, but a...

Week in Review.
February 6, 2009... Byline: Staff & wire reports Gift cards for the state A recently proposed bill seeks to create a new revenue stream for the state — unused money from gift certificates, gift cards and even prepaid calling cards. HB 126 would classify...

Marylanders on the Move: February 6, 2009.
February 6, 2009... Byline: The Daily Record Staff ACCOUNTING Katz, Abosch named Mark R. Cissell its new president and CEO effective July 1, 2009. He succeeds Alvin D. Katz, co-founder of the firm, who will remain as chair of the company. Cissell becomes...

Locally owned restaurant is hoping to beat the odds.
February 9, 2009... Byline: LIZ FARMER With a sinking economy keeping more diners at home, one new restaurant's owners hope their location and price can help them beat the odds. Located at the Westfield Mall in Annapolis, the owners of Punk's Backyard Grill...

My First: A good lobbying career starts with breakfast cereal.
February 9, 2009... Byline: Brendan Kearney Just out of law school, Lorenzo Bellamy opened his own lobbying firm in Washington, D.C. Bold? Yes, but Bellamy had by that time lived in eight countries on three continents, worked for the city of Baltimore's...

Commentary: Judge on the Jury: Recent jury trial developments.
February 9, 2009... Byline: Judge Dennis M. Sweeney This column will discuss two recent Maryland appellate cases on jury trials, an upcoming important Supreme Court argument affecting jury trials, and new developments in the federal law pertaining to jury...

Maryland Court of Special Appeals says developer can depose officials in tree dispute.
February 9, 2009... Byline: Steve Lash In a decision a government lawyer called very troubling, the Court of Special Appeals has said park and planning commission members must sit for depositions about their possible communications with someone who allegedly...

Maryland Court of Special Appeals agrees attorney breached contract.
February 9, 2009... Byline: Caryn Tamber The state's second-highest court has stepped into an attorney-client dispute, siding with the client on every point. Columbia lawyer Joel M. Abramson sued his ex-client Ronald B. Wildman to recover more than...

Hiring freeze at Johns Hopkins schools could last 3 years.
February 9, 2009... Byline: Robbie Whelan Despite the success of a massive fundraising campaign that ended with the conclusion of 2008, Johns Hopkins University officials say a poor economy has forced them to put in place a hiring freeze for its arts &...

Law firms across country freeze associate salaries.
February 9, 2009... Byline: Caryn Tamber Law firms and their clients have been complaining for years about the relentless upward trend in associate salaries, with market pay for a newly minted lawyer jumping $5,000, $10,000, even $15,000 in a single year. As...

Week in Review - Legal Edition.
February 9, 2009... Byline: Staff & wire reports Pro-life group’s suit against UMBC limited A federal judge has narrowed a lawsuit filed by a student pro-life group that claims the University of Maryland, Baltimore County violated its First and...

Md. Ct. of Special Appeals: From the Heart Church Ministries v. Philadelphia-Balt. Annual Conference.(Conference news)
February 9, 2009... Byline: The Daily Record Estates & Trusts Entitlement to property under trust BOTTOM LINE: Circuit court properly granted summary judgment in favor of religious denomination as to real property acquired by withdrawing church where,...

U.S. Supreme Court: Arizona v. Johnson.
February 9, 2009... Byline: The Daily Record Staff Criminal Procedure Search and seizure BOTTOM LINE: Police officer's patdown of suspect following traffic stop did not violate Fourth Amendment's prohibition on unreasonable searches and seizures. ...

U.S. Supreme Court: Crawford v. Metropolitan Government Of Nashville and Davidson Cty.
February 9, 2009... Byline: The Daily Record Labor & Employment Retaliation BOTTOM LINE: Protection under the anti-retaliation provision of 42 U.S.C. s.2000e-3(a) extends to an employee who speaks out about discrimination not on her own initiative, but in...

4th Circuit: United States v. Juvenile Male.
February 9, 2009... Byline: The Daily Record Staff Criminal Procedure Collateral order doctrine BOTTOM LINE: Claims of procedural and substantive errors directly related to juvenile transfer order were immediately appealable under collateral-order...

U.S. District Court, Maryland: Flanagan, et al. v. Anne Arundel County, et al.
February 9, 2009... Byline: The Daily Record Staff Civil Procedure Failure to state a claim BOTTOM LINE: Section 1983 suit against County police chiefs related to sexual misconduct by police officer under their command was dismissed where plaintiffs...

U.S. District Court, Maryland: Rock for Life-UMBC v. Hrabowski.
February 9, 2009... Byline: The Daily Record Staff Constitutional Law Standing BOTTOM LINE: Campus student organization had standing to bring suit challenging constitutionality of University's facilities use policies where University permitted...