Daily Record (Baltimore, MD) articles from January 2009

Daily Record (Baltimore, MD) archives from January 2009

Commentary: Need a Second Life? Have your avatar call my avatar.
January 2, 2009... Byline: Larry Fiorino Don't like the way your life is panning out? People in Baltimore and around the world are doing something about it. They are starting over on the Web with an Internet game called Second Life. Second Life is...

Marylanders on the Move: January 2, 2009.
January 2, 2009... Byline: Daily Record Staff and Wire Reports ACCOUNTING RSM McGladrey announced that Jeremy Migliara has joined the firm as a director in the state and local tax practice in the mid-Atlantic region. He specializes in corporate...

Week in Review - Business Edition.
January 2, 2009... Byline: Staff and wire reports First Mariner defers First Mariner Bancorp has taken action to preserve its money by deferring interest payments on debt owed to its preferred investors. The holding company of 1st Mariner Bank said it will...

Maryland Legal Briefs: January 2, 2009.
January 2, 2009... Byline: Daily Record Staff and Wire Reports Man gets life, no parole for killing cop A Baltimore man will spend the rest of his life in prison for the slaying of a city police officer. Brandon Grimes, 23, was sentenced to life without the...

Hoteliers in Baltimore's northern part of City Center worried about future.
January 2, 2009... Byline: Liz Farmer The construction scaffolding a block to the south of the Tremont Plaza Hotel on St. Paul Place in downtown Baltimore was an ominous sight to the hotel's Michael E. Haynie two months ago. But now the scaffolding is...

Pikesville investors can proceed with suit against golf course developers, rules 4th Circuit.
January 2, 2009... Byline: Brendan Kearney A pair of Pikesville investors may proceed with their lawsuit against two out-of-state golf course developers over a failed plan for a Sam Snead Golf Trail in Virginia, the 4th U.S. Circuit Court of Appeals has...

Md. Court of Appeals: VNA Hospice of Maryland v. Department of Health and Mental Hygiene, CA No. 105.
January 5, 2009... Byline: The Daily Record Staff Administrative Law Interpretation of HG s.19-906 BOTTOM LINE: Court of Special Appeals erred in upholding Maryland Department of Health and Mental Hygiene's exclusion of hospice care center from providing...

Md. Court of Appeals: Powell v. State.
January 5, 2009... Byline: The Daily Record Staff Criminal Law Jury selection BOTTOM LINE: Circuit court erred by failing to declare a mistrial when an empanelled juror was dismissed for cause and criminal defendant did not consent to proceeding with...

Md. Court of Appeals: Doe v. Montgomery County Board of Elections, CA No. 61.
January 5, 2009... Byline: The Daily Record Staff Election Law Statute of limitations BOTTOM LINE: Circuit court erred in granting summary judgment to County Board on statute of limitations grounds where limitations period ran from date the Board...

Md. Court of Appeals: Washington v. State.
January 5, 2009... Byline: The Daily Record Staff Evidence Authentication BOTTOM LINE: Circuit court erred in admitting surveillance videotape and still photographs taken from crime scene videotape without the State first laying the proper evidentiary...

Md. Court of Appeals: Pines Point Marina, A Condominium Council of Unit Owners, Inc. v. Rehak, et al.
January 5, 2009... Byline: The Daily Record Real Property Standing BOTTOM LINE: Incorporated council of unit owners that forfeits corporate charter has standing, under RP s.11-109, to bring suit as unincorporated entity as long as it does so prior to...

Md. Court of Special Appeals: Supervisor of Assessments v. Stellar GT, CA No. 36.
January 5, 2009... Byline: The Daily Record Staff Taxation Assessment of property BOTTOM LINE: Court of Special Appeals properly held that mid-cycle revaluation of property, prompted by its sale, was not permitted because it was not caused by one of the...

4th Circuit: Johnson v. Advance America, Cash Advance Centers of South Carolina, Inc.
January 5, 2009... Byline: The Daily Record Staff Civil Procedure Diversity jurisdiction BOTTOM LINE: A corporation with dual citizenship could not establish diversity of citizenship under Class Action Fairness Act to allow case to be removed to federal...

4th Circuit: Palisades Collections, LLC v. Shorts.
January 5, 2009... Byline: The Daily Record Staff Civil Procedure Removal BOTTOM LINE: District court properly held that counter-defendant was not eligible to remove class action suit from state court to federal court under either 28 U.S.C. s.s.1441(a)...

4th Circuit: U.S. v. Whorley.
January 5, 2009... Byline: The Daily Record Staff Constitutional Law First Amendment BOTTOM LINE: 18 U.S.C. s.1462, which prohibits the receipt of obscene cartoons in interstate and foreign commerce, fell within the line of cases authorizing the...

4th Circuit: U.S. v. White, US4th No. 07-4750.
January 5, 2009... Byline: The Daily Record Staff Criminal Procedure Search and seizure BOTTOM LINE: District court did not err in denying criminal defendant's suppression motion where police officer personally verified every facet of information given...

4th Circuit: Champion v. Black & Decker Inc, et al.
January 5, 2009... Byline: The Daily Record Staff Labor & Employment Disability benefits BOTTOM LINE: Claimant not entitled to long-term disability benefits where condition fell within mental health exception outlined in policy. CASE: Champion v....

Case digest - 1/05.
January 5, 2009... MARYLAND COURT OF APPEALS Administrative Law: Interpretation of HG §19-906: Court of Special Appeals erred in upholding Maryland Department of Health and Mental Hygiene’s exclusion of hospice care center from providing...

Week in Review - Legal Edition.
January 5, 2009... Byline: The Daily Record Suit against golf-course developers revived A pair of Pikesville investors may proceed with their lawsuit against two out-of-state golf course developers over a failed plan for a “Sam Snead Golf...

Letter to the Editor.(Letter to the editor)
January 5, 2009... Inappropriate description I think the word “arrogance” is inappropriately used to describe Ms. Robinson’s insistent character (Racial disparity still plagues Maryland corrections system, Maryland Lawyer, Dec. 29) and a...

Md. lawyers turn life-changing experiences into careers helping others.
January 5, 2009... Byline: Caryn Tamber For 20 years, Steven J. Kelly has dealt with fallout from his sister's murder. There was his mother's heart attack, suffered just days after a construction worker found Mary Frances Kelly's body in the woods. ...

Life-altering accidents inspire career change for Md. lawyer.
January 5, 2009... Byline: Caryn Tamber Gabriel A. Riveros knew he wanted to be a lawyer, but he never thought he would practice in what he considered the slightly disreputable field of personal injury law. It took two car accidents to change his mind....

President of Md. Psychological Association says pain can ignite passion for a new profession.
January 5, 2009... Byline: Caryn Tamber Mental health experts say people who experience trauma do well when they channel their grief and anger into something constructive, like a new career. Kathy Seifert, president of the Maryland Psychological...

The Daily Record Legal Briefs: January 5, 2009.
January 5, 2009... Byline: Daily Record Staff Court: Vacant apartment is a 'dwelling' An apartment unit between tenancies is still considered a dwelling under the state's burglary statute, the Court of Appeals has held, affirming the burglary conviction...

Md. Court of Appeals denies lawyer admission to bar.
January 5, 2009... Byline: Danny Jacobs A veteran lawyer seeking to practice in Maryland who failed to disclose a DWI arrest until after he passed the bar exam was denied admittance by a divided Court of Appeals. Gregory John Strzempek spent four days in...

Md. lawyers take courtroom skills to the field with coaching.
January 5, 2009... Byline: Steve Lash Coaching Little League all-star teams appears to be catching on at Gleason Flynn Emig & Fogleman Chtd. Law-firm partners Christopher C. Fogleman and Larry D. McAfee both coach preteens who have made traveling teams...

Md. Court of Special Appeals remands on-call pay case.
January 5, 2009... Byline: Caryn Tamber An administrative law judge has again incorrectly analyzed whether a certain class of state employees is entitled to be paid for on-call time, the Court of Special Appeals has held. The employees are juvenile...

Congress strengthens ADA by expanding definition of disability.
January 5, 2009... Byline: Steve Lash In response to what many saw as a weakening of the federal Americans with Disabilities Act by the courts, Congress has broadened the definition of disability as a means to provide greater protection against...

4th circuit rules guilty plea not bar to sentence reduction.
January 5, 2009... Byline: Brendan Kearney Crack-cocaine dealers whose prison terms were specified as part of guilty pleas are eligible for reductions in those sentences as a result of recent changes to the U.S. Sentencing Commission guidelines, the 4th U.S....

Midwife reaches settlement in U.S. District Court in Md. over unpaid insurance coverage.
January 5, 2009... Byline: Danny Jacobs A Washington, D.C. midwife reached a settlement last week with her former employer in a lawsuit claiming the birthing center did not pay for her insurance coverage as it was required to under the terms of their...

Baltimore City Circuit Court rules arena billboards can stay.
January 6, 2009... Byline: Robbie Whelan A Baltimore's judge's ruling has ended a five-year legal battle between two of the city's high-profile businessmen over an unlikely issue: billboards. In a decision handed down last month by Baltimore City Circuit...

In Attorney Grievance Commission action, Brooklandville lawyer denies misusing account.
January 6, 2009... Byline: Danny Jacobs A Brooklandville lawyer on Monday denied misappropriating funds from the client trust account of his former firm, including money belonging to the Pennsylvania radiology group where he once served as president and...

Thousands of Baltimore Ravens fans expected to make trip to Nashville.
January 6, 2009... Byline: Liz Farmer For Baltimore Ravens fans who couldn't get to Miami last weekend, one thing became clear after their team beat the Dolphins Sunday to earn a trip to the second round of the National Football League playoffs: It's easier...

New Md.-based Sandy Spring CEO says bank is in a good position.
January 6, 2009... Byline: Danielle Ulman Days into his tenure as chief executive of Sandy Spring Bancorp Inc., Maryland's oldest banking institution, Daniel J. Schrider said Monday that the buyouts of large, locally owned banks will put his firm in a good...

Grand jury in Baltimore Co. indicts Oliver: State prosecutor alleges theft of campaign money.
January 6, 2009... Byline: Steve Lash Baltimore County Councilman Kenneth N. Oliver, who last year admitted he had borrowed campaign money to cover a family emergency, has been indicted on two counts of felony theft and several election-law violations. ...

Nathan A. Chapman Jr.'s defense firms in Baltimore and D.C. battle over fees.
January 6, 2009... Byline: Brendan Kearney Featuring competing charges of dishonesty and character assassination, trial began Monday afternoon in the fee dispute between the lead defense firm for now-imprisoned investment manager Nathan A. Chapman Jr. and a...

The Daily Record Legal Briefs: January 6, 2009.
January 6, 2009... Byline: Daily Record Staff Analyst cuts Lockheed outlook Lockheed Martin Corp. and Boeing Co., the two largest U.S. defense contractors, were among aerospace and defense companies that had their profit forecasts cut by J.P. Morgan...

The Daily Record News Briefs January 7,2009.
January 7, 2009... Byline: Daily Record Staff FASgen signs up Centocor FASgen Inc., of Baltimore, a drug discovery company, announced it has entered into a research and licensing agreement with Centocor Inc., of Horsham, Pa. FASgen said the agreement...

Worcester County sues hotel-booking Web sites.
January 7, 2009... Byline: Brendan Kearney Following in the footsteps of Baltimore and municipalities around the country, Worcester County has filed a federal lawsuit against third-party hotel-booking Web sites in an effort to collect occupancy taxes on...

Md. truckers not happy over state's proposed toll hikes.
January 7, 2009... Byline: Andy Rosen Many in Maryland's trucking industry cried foul Tuesday over a proposed toll increase at the state's bridges and tunnels that opponents say disproportionately affects their business and could hurt ground shipping around...

Rochester Wegmans Food Markets Inc. joins Giant in offering free antibiotics.
January 7, 2009... Byline: Danielle Ulman Wegmans joined a small group of grocery stores Tuesday offering shoppers free generic antibiotics prescribed through the winter season, spicing up the battle between grocers to grow their customer bases. The...

Cape Air to start Hagerstown to BWI service.
January 7, 2009... Byline: Liz Farmer Hagerstown Regional Airport is adding direct flights to Baltimore, a move that returns it to a daily commercial flight provider and gives Western Maryland businesses a direct link to the state's travel hub. It's an...

Complaints drop against Md. attorneys: Six-month decline follows upswing in fiscal 2008.
January 7, 2009... Byline: Steve Lash The number of docketed complaints of lawyer misconduct fell by nearly 24 percent in the final six months of 2008, compared to the same period in 2007 -- a decline in client criticism that is surprising in this time of...

Commentary: Hospital-employed physicians: Learn the lessons of Sulzbach.
January 7, 2009... Byline: Barry F. Rosen In September 2007, the federal government filed a false claims complaint against the former Corporate Integrity Program Director of Tenet Healthcare, Christi Sulzbach. Sulzbach, an attorney, allegedly had knowledge...

Baltimore County Circuit Court hears 2nd fee suit against Howard County homebuilder.
January 7, 2009... Byline: Danny Jacobs A Howard County homebuilder was back in court on Tuesday, defending himself against a second suit for attorneys' fees in as many months. Vincent S. Serio still owes Miles & Stockbridge P.C. $23,500 for seven...

Hilton helps Baltimore Area Convention and Visitors Association toward bookings goal.
January 8, 2009... Byline: Liz Farmer The hotel and lodging industry may be suffering -- along with nearly every other sector -- but, to the surprise of some economists, Baltimore's convention business is busier than ever. Midway through its fiscal year,...

Md. Office of the State Prosecutor indicts Holton, Lipscomb.
January 8, 2009... Byline: Robbie Whelan A prominent Baltimore developer and an influential city councilwoman were indicted Wednesday on charges brought by the Office of the State Prosecutor, which alleges that the councilwoman accepted $12,500 in gifts in...

Md. state board approves $14.4M conservation land buy in Worcester.
January 8, 2009... Byline: Andy Rosen The Board of Public Works approved a $14.4 million conservation land buy for the state in Worcester County on Wednesday, giving the measure the go-ahead despite concerns that the price may not reflect the current real...

Junior Achievement sues marketing firm in U.S. District Court in Baltimore over 'Junior Achievers'.
January 8, 2009... Byline: Brendan Kearney The nonprofit organization behind Junior Achievement has filed a trademark infringement lawsuit against a Prince George's County lawyer and her sports marketing company, which uses Junior Achievers as a shorthand...

The Daily Record News Briefs: January 8, 2009.
January 8, 2009... Byline: Daily Record Staff Bozzuto offspring promoted Bozzuto Development Co., of Greenbelt, announced the promotion of Toby Bozzuto to president. Previously, he served as executive vice president. Bozzuto is the son of Thomas Bozzuto,...

Md. 2009 Legislative Preview: State seems willing to wait for federal action on foreclosure front.
January 9, 2009... Byline: Danielle Ulman After a flurry of mortgage-related legislation last session, the financial sector looks as if it is taking a wait-and-see approach this year. Although there have been rumblings about some housing bills on the...

Md. 2009 Legislative Preview: Retail sector gets defensive as legislature ponders budget woes.
January 9, 2009... Byline: Liz Farmer After a General Assembly session last year that saw gains for Maryland retailers in the form of tougher laws against theft rings and the defeat of legislation that would have cost business owners more money in benefits...

Md. 2009 Legislative Preview: Death penalty, police surveillance take center stage.
January 9, 2009... Byline: Steve Lash Proposals to repeal the death penalty and to prevent overzealous police surveillance of peaceful protest groups will be the dominant legal issues before the General Assembly this session. Both legislative initiatives...

Commentary: Charitable Giving: A man with a philanthropic mission, Keith Campbell wants to save bays.
January 9, 2009... Byline: Betsy Nelson Watching an inspired person in action is about as good as it gets. Fortunately, I had the opportunity to see Keith Campbell receive the 2008 Outstanding Philanthropist of the Year award from the Association of...

Week in Review.
January 9, 2009... Byline: The Daily Record Holton, Lipscomb are indicted Baltimore developer Ronald H. Lipscomb, president of Doracon Contracting Inc., and Helen L. Holton, who represents the 8th District, which includes much of West Baltimore, and...

Commentary: Above all, writing about what matters.
January 9, 2009... Byline: C. Fraser Smith Some readers will know I've been in these parts since 1977, but please allow me a moment of further introduction. My hope is to show you where I've come from literally and, in the vernacular, where I'm coming...

Letter to the Editor.
January 9, 2009... Byline: The Daily Record This is no time to raise E-ZPass fees The proposal to charge E-ZPass users a monthly fee is a terrible idea. The Maryland Transportation Authority (MDTA) should be encouraging E-ZPass use, not discouraging...

2009 Md. Legislative Preview: Hard choices to make as session to be about eliminating $2B shortfall.
January 9, 2009... Byline: Andy Rosen Maryland's lawmakers go back to work Wednesday facing a long list of hard choices as they grapple with the state's most daunting fiscal crisis in memory. The tax increases approved in the fall of 2007 are not nearly...

Marylanders On the Move: January 9, 2009.
January 9, 2009... Byline: The Daily Record Staff ACCOUNTING KPMG LLP, the audit, tax and advisory firm, has named Kevin M. Hall as managing partner for its Baltimore office. Hall will be responsible for the strategic direction and growth of the office,...

Md. 2009 Legislative Preview: Return engagement for global warming and re-regulation.
January 9, 2009... Byline: Danielee Ulman This legislative session may feel like deja vu to lawmakers when it comes to the energy sector. Two bills that nearly made the cut last year only to get wiped out on the last day of the session -- the global...

Commentary: Tech Talk: What to do with all those less than useful gift cards.
January 9, 2009... Byline: Larry Fiorino The holidays are over and many of you are sitting back enjoying the great gifts that you got from family and friends. However, others of you are not so happy. This is probably because you got a gift card from...

Slumping market forcing layoffs at Sparrows Point.
January 9, 2009... Byline: Danielle Ulman Challenging market conditions have lead to a temporary layoff program at the Sparrows Point steel mill and three other U.S. facilities owned by SeverStal North America Inc., the company said Thursday. SeverStal...

Daily Record News Briefs: January 9, 2009.
January 9, 2009... Byline: Daily Record News Staff $1M gift to UM nursing school The University of Maryland School of Nursing said it received a $1 million pledge from Mary Catherine Bunting to establish a scholarship for Maryland residents enrolled in...

Md. 2009 Legislative Preview: Real estate pros say small fixes needed to ease transactions.
January 9, 2009... Byline: Robbie Whelan As Maryland developers and home-sellers greet 2009 in the midst of a decimated housing market and the tightest credit market in recent memory, it's the little things that matter. In this year's legislative...

2009 Md. Legislative Preview: Health care advocates foresee lean year.
January 9, 2009... Byline: Danielle Ulman While some health care advocates are poised to introduce new bills this session, others are waiting to see how much money will be left for programs after the legislature deals with the looming $2 billion budget...

Pro Bono: Md. lawyers' pet project: helping the SPCA.
January 12, 2009... Byline: Caryn Tamber The woman had come to the Maryland Society for the Prevention of Cruelty to Animals to surrender a dog. It was her pet, she said, but she could no longer take care of it, so the dog was adopted by a new family. ...

City of Baltimore, teen compromise after jury award.
January 12, 2009... Byline: Brendan Kearney The city of Baltimore has agreed to pay $80,000 to a New Era Academy student who was running to catch the bus in September 2003 when he tripped over a raised manhole cover and broke his wrist. Marcus Haines,...

Baltimore County jury awards M&S fees from builder.
January 12, 2009... Byline: Danny Jacobs A Baltimore County jury has awarded Miles & Stockbridge P.C. more than $18,000 in its fee dispute with a Howard County home builder. The award is about 80 percent of the amount the law firm said Vincent S. Serio...

Death penalty, police surveillance among laws in play this session in Md.
January 12, 2009... Byline: Steve Lash Sen. Brian E. Frosh, who chairs the influential Senate Judicial Proceedings Committee, said he is prepared to tackle the two big ones during the 2009 General Assembly session that begins Wednesday. The Montgomery...

Lawmakers seek to undo Md. Court of Appeals decisions.
January 12, 2009... Byline: Steve Lash Several lawmakers plan to introduce legislation this General Assembly session to correct Court of Appeals decisions they say will do harm to Maryland's natural beauty, prevent crime victims from ensuring their assailants...

Md. lawyers debate whether representation at bail hearings should be required.
January 12, 2009... Byline: Danny Jacobs In the fall of 2007, one of Sara Kafshi's clients was charged with possessing marijuana and could not pay his $5,000 bail. He faced five weeks in jail before his hearing in Baltimore City District Court, time that...

Baltimore's new crop of Guardian Angels.
January 12, 2009... Byline: Richard Simon Two young black men, both wearing jeans and sports caps, signal to each passing car on a mild winter morning in West Baltimore. They are standing on the corner of North Fulton Avenue, both with outstretched arms,...

Daily Record News Briefs: January 12, 2009.
January 12, 2009... Byline: Daily Record Staff Witness can be asked about victim's truthfulness The Court of Appeals has upheld a sexual assault conviction despite finding the trial judge improperly limited questioning of witnesses to show the...

PSC to study customer-funded 'climate neutral' power plan in Md.
January 12, 2009... Byline: Danielle Ulman Roger Berliner has been pushing for utilities to allow customers to pay to go climate neutral for more than two years, and he finally got someone to listen. State regulators agreed to study the efficacy of...

Commentary: Mortgage Matters: Smart borrowers do homework before they refinance.
January 12, 2009... Byline: Robert Nusgart Another flurry of refinance activity took place last week as the federal government started to make good on its promise of purchasing $500 billion in mortgage-backed securities. It's easy to get caught up in the...

Md. Department of Labor, Licensing and Regulation seeks stronger contractor guidelines.
January 12, 2009... Byline: Andy Rosen Businesses that improperly classify employees as contractors would face stiffer penalties under legislation expected come before the General Assembly this year. The effort to crack down on worker misclassification...

Maryland Lawyers in the News: January 12, 2009.
January 12, 2009... Byline: The Daily Record Staff Bruce A. Lehman, former commissioner of the U.S. Patent and Trademark Office, has joined Whiteford, Taylor & Preston as senior counsel in the firm's global and technology & intellectual property groups....

Commentary: Of Service: Legal services outlook for 2009: Grim...and hopeful.
January 12, 2009... Byline: Joe Surkiewicz As the economy continues to self-destruct, what are the prospects for legal services to the poor in the New Year? Or, to put it another way, is there a silver lining in that ominous cloud? It's the best of...

Case digest - 1/12.
January 12, 2009... Byline: The Daily Record MARYLAND COURT OF APPEALS Criminal Law, Burglary: Circuit court properly determined that vacant apartment between tenancies constituted a dwelling for purposes of Maryland’s fourth-degree burglary...

Week in Review - Legal Edition.
January 12, 2009... Byline: The Daily Record Arena billboards can stay A Baltimore’s judge’s ruling has ended a five-year legal battle between two of the city’s high-profile businessmen over an unlikely issue: billboards. In a decision...

Md. Court of Appeals: McKenzie v. State.
January 12, 2009... Byline: The Daily Record Staff Criminal Law Burglary BOTTOM LINE: Circuit court properly determined that vacant apartment between tenancies constituted a dwelling for purposes of Maryland's fourth-degree burglary statute. CASE:...

Md. Court of Appeals: Jones v. State.
January 12, 2009... Byline: The Daily Record Staff Criminal Procedure Search and seizure BOTTOM LINE: Evidence was sufficient to establish that criminal defendant did not have a reasonable expectation of privacy with respect to police entry of his front...

Md. Court of Appeals: DeLeon v. State.
January 12, 2009... Byline: The Daily Record Staff Evidence Preservation of objection BOTTOM LINE: An in-court objection loses its status as a general one where the objector, although not requested to do so by the court, voluntarily offers specific...

Md. Court of Appeals: In re Application of Strzempek.
January 12, 2009... Byline: The Daily Record Staff Responsibility Application for bar admission BOTTOM LINE: Application for admission to Maryland Bar denied where petitioner did not carry his burden of proof of establishing that he possessed the present...