Daily Record (Baltimore, MD) articles from March 2009

Daily Record (Baltimore, MD) archives from March 2009

Businesses more cautious, conservative in planning events, say Baltimore-area event-planning firms.
March 2, 2009... Byline: Alan Dessoff The national economic downturn is impacting the convention and events industries in Baltimore enough to be felt, but not enough to cause serious problems, at least not yet, according to industry executives. We're...

U.S. 4th Circuit Court of Appeals: In Re: National Gas Distributors, LLC.
March 2, 2009... Byline: The Daily Record Staff Report Bankruptcy Interpretation of swap agreement BOTTOM LINE: Bankruptcy court erred in granting motions to dismiss where grounds for finding that contracts were not swap agreements were not supported...

U.S. 4th Circuit Court of Appeals: United States v. Jadhav.
March 2, 2009... Byline: The Daily Record Civil Procedure False Claims Act BOTTOM LINE: In a qui tam action filed under the False Claims Act, 31 U.S.C. s.s.3729, et seq., district court properly dismissed the action for lack of subject matter...

U.S. 4th Circuit Court of Appeals: Waller v. City of Danville, et al.
March 2, 2009... Byline: The Daily Record Staff Report Civil Rights Reasonable accommodation BOTTOM LINE: Duty of reasonable accommodation under the Americans with Disabilities Act was satisfied where officers engaged in extensive negotiations with...

U.S. 4th Circuit Court of Appeals: Fernando Quinteros-Mendoza v. Holder.
March 2, 2009... Byline: The Daily Record Staff Report Immigration Asylum BOTTOM LINE: Immigration Judge properly denied petition seeking asylum where petitioner failed to allege persecution solely on the basis of his religious or political beliefs and...

U.S. 4th Circuit Court of Appeals: Rowzie v. Allstate Insurance Company.
March 2, 2009... Byline: The Daily Record Staff Report Insurance Underinsured motorist benefits BOTTOM LINE: District court properly granted summary judgment in favor of insurer where its policy of offsetting payments of underinsured motorist benefits...

Commentary: Of Service: New film will help balance scales of justice in Baltimore City rent court.
March 2, 2009... Byline: Joe Surkiewicz One of the most disturbing statistics from a city full of disturbing statistics is this: More than 140,000 tenants -- most of them poor and most of them black -- are sued for eviction in the Baltimore City District...

Week in Review - Legal Edition.
March 2, 2009... Byline: The Daily Record Jury finds officer acted reasonably A Baltimore police officer acted reasonably when he shot and killed a Cherry Hill man who was fleeing from a traffic stop, a city jury decided. Attorneys for the family of Ernest...

The Daily Record Business News Briefs: March 2, 2009.
March 2, 2009... Byline: Daily Record Staff and Wire Reports Osiris narrows loss Osiris Therapeutics Inc., of Columbia, said its fourth-quarter loss narrowed on a boost in revenue from development partnerships and lower costs. The company lost $7.8...

Maryland employers work to comply with Genetic Information Non-Discrimination Act.
March 2, 2009... Byline: Steve Lash The U.S. Equal Employment Opportunity Commission opened a 60-day public comment period last week on its proposed regulations for enforcement of the federal 2008 Genetic Information Non-Discrimination Act, which is aimed...

Recreation Pier deal gets 30-day extension from city of Baltimore.
March 2, 2009... Byline: Robbie Whelan City officials and the managers of Moran Towing Inc. have another 30 days to reach a solution on the fate of the Recreation Pier, a century-old landmark in Fells Point that the city says is in dire need of structural...

Md. Court of Appeals divided on cross-racial ID instruction.
March 2, 2009... Byline: Caryn Tamber The judge in a burglary trial was wrong to instruct the jury that there is no particular reason to think research on cross-racial identification applies in real-life criminal cases, the state's top court has held. ...

Lawyer mom in Maryland flips over skateboarding son.
March 2, 2009... Byline: Danny Jacobs One moment that sticks out in Isabel Mercedes Cumming's mind about her son, Joey Jett Hornish, is when he wowed a sold-out audience last summer at Camden Yards. To hear the crowd go crazy... to me that was just...

Baltimore public defender settles his strip club loitering suit.
March 2, 2009... Byline: Brendan Kearney The Baltimore public defender who was arrested and jailed for loitering outside Larry Flynt's Hustler Club early one morning two years ago has settled his lawsuit against the arresting officer for $15,000. ...

The Daily Record News Briefs: March 2, 2009.
March 2, 2009... Byline: Daily Record Staff and Wire Reports Zorzit wants his property, money back John Zorzit, the Cockeysville man whose properties and bank accounts were seized in late January as part of a wide-ranging investigation into an alleged...

New York court censures lemon law firm partners.
March 2, 2009... Byline: Caryn Tamber The name partners in embattled consumer-rights law firm Kimmel & Silverman P.C. have been censured in New York for mismanagement of their Maryland office. Craig T. Kimmel and Robert M. Silverman, proprietors of a...

Md. Court of Appeals tackles free-speech rights in cyberspace.
March 2, 2009... Byline: Steve Lash The Court of Appeals on Friday announced new First Amendment jurisprudence for cyberspace. In a 4-3 decision, the high court created a five-part test for trial judges to apply in deciding when the constitutional...

Deliberations begin in Exxon leak trial in Baltimore County Circuit Court.
March 2, 2009... Byline: Danny Jacobs It's up to the jury now. Four women and two men began deliberations Friday afternoon in Jacksonville residents' billion-dollar lawsuit against ExxonMobil Corp. stemming from a massive 2006 gasoline leak. Judge...

Pittsburgh-based construction co. files for lien against Angelos garage in downtown Baltimore.
March 2, 2009... Byline: Brendan Kearney A Pittsburgh-based construction company has filed a petition for a lien against an underground parking garage in downtown Baltimore owned by Peter Angelos, claiming the prominent personal injury attorney and his...

Fine dining restaurants in Baltimore try co-op promotions to beat the recession.
March 2, 2009... Byline: Liz Farmer Falling revenue from business dinners and events has some upscale Baltimore restaurants pooling their money for a collaborative approach to marketing that experts say could be the wave of the future. Dubbed the...

Maryland businesses may not get full federal tax breaks.
March 2, 2009... Byline: Danielle Ulman Businesses in general should benefit significantly from tax incentives in President Barack Obama's stimulus package, but Maryland's businesses may lose out because of laws that do not require the state to follow...

After two years, AST Dew Tour will bypass Baltimore in '09.
March 3, 2009... Byline: Liz Farmer After kicking off its season in Baltimore for the last two years, the 2009 AST Dew Tour will bypass Baltimore, state officials announced Monday. Last June's stop drew more than 52,500 fans to the parking lots...

University of Baltimore School of Law launches Institute for Sports and the Law.
March 3, 2009... Byline: Danny Jacobs A new program at the University of Baltimore School of Law wants to prove sports law is not necessarily synonymous with sports agent. It can also mean helping a university comply with an oversight agency's regulations,...

Md. General Assembly looking at three versions of measures on independent contractors.
March 3, 2009... Byline: Andy Rosen A major workplace reform proposed by Gov. Martin O'Malley to stop companies from wrongly classifying workers as independent contractors remains up in the air as lawmakers begin studying proposals on the issue Tuesday....

Md. Court of Special Appeals vacates life without parole sentence.
March 3, 2009... Byline: Brendan Kearney Failure of prosecutors to timely file written notice of their intent to seek a sentence of life without parole prior to the second trial of a man who stood accused of bludgeoning a 68-year-old Washington County...

Report: Chicago-based General Growth Properties Inc. has offers for properties.
March 4, 2009... Byline: Ben Mook Financially troubled mall owner General Growth Properties Inc. has received more than 10 offers, some as high as $400 million, for key properties including Harborplace and the Gallery located at Baltimore's Inner Harbor,...

Md. legislative budget analysts seek cuts in funding for arts, tourism.
March 4, 2009... Byline: Andy Rosen The General Assembly is considering deeper, longer-term cuts to planned art and tourism spending than what Gov. Martin O'Malley has proposed in his fiscal 2010 budget. The House Appropriations Committee, working...

Proposed bill in Md. House would require restaurants to post nutritional information next to food.
March 4, 2009... Byline: Liz Farmer That rainbow cookie you're eyeing in line at Starbucks might not look so enticing if it had its 420-calorie label posted below the price. That's one of the hopes of health advocates who are supporting new...

Opponents urge defeat of Md. Governor Martin O'Malley's re-regulation plan.
March 4, 2009... Byline: Danielle Ulman A day after the governor said he supports partial re-regulation of the state's energy market, the debate raged Tuesday as several business groups urged the Senate Finance Committee to reject the idea. Under Gov....

Stephen L. Miles splits from Baltimore law firm Saiontz and Kirk.
March 4, 2009... Byline: Caryn Tamber If you have a phone, you still have a lawyer -- it's just not Stephen L. Miles. Miles has broken away from the high-profile personal injury law firm Saiontz, Kirk & Miles P.A., whose ubiquitous television...

Divergent bills on Maryland police surveillance considered.
March 4, 2009... Byline: Steve Lash A Democratic senator battled Gov. Martin O'Malley's administration Tuesday over competing legislative proposals to ensure that Maryland police never again conduct unreasonable surveillance of peaceful protest groups. ...

FBI arrests former Baltimore County teacher.
March 4, 2009... Byline: Ben Mook A former Baltimore County teacher sentenced to 18 months in prison for sexually abusing a 13-year old student has been arrested by the FBI on charges he was downloading and sharing child pornography from his home computer....

Maryland Senate votes to amend death penalty bill.
March 4, 2009... Byline: Steve Lash The Senate voted for an amendment Tuesday to preserve capital punishment in the state so long as the condemned was convicted with DNA evidence and not solely on the testimony of eyewitnesses. Senators pressing for...

The Daily Record News Briefs: March 4, 2009.
March 4, 2009... Byline: Daily Record Staff and Wire Reports Md. export picture brightens Maryland's rate of exports was more than twice the national rate last year, according to the Department of Business and Economic Development. In 2008, the department...

CareFirst unveils its version of a Universal Health Care bill to Md. lawmakers.
March 5, 2009... Byline: Richard Simon Legislators and representatives from CareFirst BlueCross BlueShield unveiled companion bills Wednesday aimed at providing health care for more than 800,000 Maryland residents who are uninsured, the second piece of...

Maryland Senate reaches compromise on death penalty.
March 5, 2009... Byline: Steve Lash A legislative effort to repeal Maryland's death penalty appears all but over for this year, as the Senate on Wednesday approved a compromise measure that preserves capital punishment but would impose strict evidentiary...

Re-regulation in Md. could cost government more.
March 5, 2009... Byline: Danielle Ulman Since 2004, the state has saved nearly $50 million by bidding for its electricity supply. But the savings the state has racked up over the past few years could disappear if lawmakers vote to push through...

Canadian-based Magna Entertainment Corp.'s stock delisted.
March 5, 2009... Byline: Liz Farmer On the day before many believe it will declare bankruptcy, the Canadian-based company that owns Laurel and Pimlico racetracks has notified the federal government its stock will be delisted from the Toronto Stock...

Advocates say Maryland's heritage tax credit is worth the cost.
March 5, 2009... Byline: Andy Rosen Economic development, real estate and environmental advocates pushed Wednesday for a key Senate committee to go along with Gov. Martin O'Malley's plan to extend the state's tax credit for rebuilding historic structures,...

The Daily Record News Briefs: March 5, 2009.
March 5, 2009... Byline: Daily Record Staff and Wire Reports Martek sees profit rise Columbia-based Martek Biosciences Corp., which makes an infant formula supplement derived from algae, said net income for its fiscal first quarter that ended Jan. 31 was...

this is a test for mddr.
March 5, 2009... Byline: chris only a little test i would like to try out newswire submission

Baltimore, a mini Silicon Valley?
March 6, 2009... Byline: Richard Simon As Scott Ferber looks over his spacious office at the back of a nondescript Fells Point warehouse, he reflects about how it all started. Ferber, an Owings Mills native, launched little-known TeknoSurf.com with his...

Week in review:.
March 6, 2009... Byline: From staff and wire reports Harborplace offers Financially troubled mall owner General Growth Properties Inc. has received more than 10 offers, some as high as $400 million, for key properties including Harborplace and the Gallery...

Report: 6 statewide transportation projects could make Md. less car-dependent.(Report)
March 6, 2009... Byline: Liz Farmer A new report has outlined six statewide transportation projects from Southern Maryland to Frederick -- including building a $1.6 billion Red Line in Baltimore -- that supporters say will help Marylanders become less...

In Md. Court of Appeals, borrowers defend win on loan law's statute of limitations.
March 6, 2009... Byline: Steve Lash Banks battled borrowers Thursday at the Court of Appeals over whether a three-year limit for challenging allegedly excessive closing costs is restarted each time the borrower makes a mortgage payment. Gerard J....

Md. Public Service Commission chairman not sure a moratorium on shut-offs is the right answer.
March 6, 2009... Byline: Andy Rosen The Maryland Public Service Commission is weighing a possible moratorium on electric service shutoffs as part of its inquiry into spiking consumer energy costs, Chairman Douglas R.M. Nazarian said Thursday. Nazarian...

Some Baltimore-area customers have concerns over Eastern, Bradford banks.
March 6, 2009... Byline: Danielle Ulman Some customers of Eastern Savings Bank said they were worried Thursday because the bank recently fell under deep federal scrutiny because of its loan practices. This definitely is cause for concern, said Ken...

Maryland Senate passes death-penalty reform bill, 34-13.
March 6, 2009... Byline: Steve Lash The Senate voted 34-13 on Thursday to approve a bill that would limit the use of capital punishment but not ban it. Under the amended bill, SB 279, the death penalty could be imposed only if the murderer's conviction...

After bankruptcy filing, Magna Entertainment to seek approval to sell all its assets.
March 6, 2009... Byline: Liz Farmer The future of horse racing in Maryland lurched further toward uncertainty Thursday after the owner of Laurel Park and Pimlico Race Course filed for bankruptcy. To raise cash, Magna Entertainment Corp. said it was selling...

Baltimore City councilwoman Helen L. Holton seeks dismissal of indictment, claims immunity.
March 6, 2009... Byline: Danny Jacobs Lawyers for indicted Baltimore City councilwoman Helen L. Holton filed a motion to dismiss the charges against her Friday. Holton is seeking dismissal based on the Speech or Debate Clause of the federal and state...

Commentary: A guide to green gadgetry.
March 6, 2009... Byline: Mark R. Smith Vegetated Retaining Walls Furbish Company sells, installs and maintains vegetated retaining walls. This approach replaces vertical hardscapes with vertical landscapes and the benefits are profound: it results in...

Green building in Maryland expands along with work force.
March 6, 2009... Byline: Karen Nitkin In a statement that swims against the economic current of the rest of the country, Prescott Gaylord, president of Baltimore Green Construction, says 2008 was his best year ever. What's more, he expects 2009 to be even...

Going green can be costly consideration for Maryland businesses.
March 6, 2009... Byline: Alan Dessoff The economic downturn notwithstanding, Maryland business executives and other authorities agree that it still makes good business sense, under the right circumstances, to go green, and many businesses are doing it in...

The Daily Record News Briefs: March 6, 2009.
March 6, 2009... Byline: Daily Record Staff and Wire Reports Dialysis Corp.'s profit dips Dialysis Corporation of America, of Linthicum, saw a slight drop in profit in the fourth quarter. The company, which operates free-standing kidney hemodialysis...

Marylanders on the Move: March 6, 2009.
March 6, 2009... Byline: Daily Record Staff Report ACCOUNTING RSM McGladrey announced that Kevin Duval has been named a director of operations and technology services in the mid-Atlantic region. Duval has more than 20 years experience in management and...

Commentary: Philanthropy will have a role to play in Baltimore's sustainability agenda.
March 6, 2009... Byline: Betsy Nelson A packed room of philanthropists listened recently to a detailed description of how Baltimore has gone about developing a sustainability plan. The city's process, which took place over the last summer and fall, has...

Commentary: Death penalty revolt shakes Senate.
March 6, 2009... Byline: C. Fraser Smith Stop the presses! Rivers run upstream! Sun sets in the East! Mike Miller loses one (sort of) on the Senate floor! No one can remember the last time Senate President Thomas V. Mike Miller lost...

Buffalo, New York-based M&T is cutting more than 500 jobs at Provident Bankshares in Maryland.
March 9, 2009... Byline: Danielle Ulman Nearly 30 percent of employees at Provident Bankshares Corp. will lose their jobs when the company merges with M&T Bank in May. M&T, based in Buffalo, N.Y., will reduce Provident's staff by 521 and keep 1,305...

Legal briefs 03_09.
March 9, 2009... Byline: Staff and wire reports Woman sentenced in brothel bust BALTIMORE (AP) — A federal judge has sentenced a Frederick woman to prison for a prostitution scheme organized at Maryland and Virginia brothels. Forty-two-year-old...

New building's architect addresses University of Baltimore Law LEED symposium.
March 9, 2009... Byline: Danny Jacobs Stefan Behnisch showed the audience at the University of Baltimore School of Law photographs of several buildings his German architecture firm designed before stopping on a rendering of a gleaming, glass structure that...

Bill in Maryland General Assembly marks consensus on campaign finance.
March 9, 2009... Byline: Steve Lash A legislative effort to bring campaign finance reform to the General Assembly removed a larger-than-life obstacle this week when Senate President Thomas V. Mike Miller Jr., a powerful opponent of prior attempts, signed...

Baltimore City Councilwoman Helen Holton moves to dismiss indictment.
March 9, 2009... Byline: Danny Jacobs Lawyers for an indicted Baltimore City Councilwoman have filed a motion to dismiss the charges against her. Helen L. Holton is seeking dismissal based on the Speech and Debate Clause of the federal and state...

Baltimore's House delegates back lead-pigment bill.
March 9, 2009... Byline: Steve Lash Baltimore's House delegation on Friday gave a thumbs-up to controversial legislation that would enable the city's victims of lead-paint poisoning, as well as landlords hurt economically by the poison, to sue...

Md Court Of Appeals: Strickland v. State.
March 9, 2009... Byline: Daily Record Staff Report Administrative Law Assignment of judges BOTTOM LINE: Circuit court's order overruling Administrative Judge's assignment of new judge was improper because the authority of the Administrative Judge...

Md. Court of Appeals: University System of Maryland v. Mooney, et al.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Civil Procedure Exhaustion of administrative remedies BOTTOM LINE: Circuit court properly granted motion to dismiss where assignees of accounts receivable under a contract were required to...

Md. Court of Appeals: Tucker v. State.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Criminal Procedure Cross-racial identification jury instruction BOTTOM LINE: Trial court erred in granting State's request for jury instruction regarding cross-racial identification that...

Md. Court of Appeals: State v. Lucas.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Criminal Procedure Hearsay BOTTOM LINE: Admission into evidence of alleged assault victim's statements to police officer violated defendant's right of confrontation where the primary purpose...

Md. Court of Appeals: McDowell v. Maryland.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Criminal Procedure Search and seizure BOTTOM LINE: Circuit court erred in denying criminal defendant's suppression motion where State failed to meet its burden of establishing that it was...

Md. Court of Appeals: Floyd v. Mayor & City Council of Baltimore.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Taxation Special tax districts BOTTOM LINE: Supplemental Tax imposed by Community Benefits District Authority was valid since the Authority was a public corporation not subject to the quorum...

U.S. 4th Circuit: In re Ennis v. Green Tree Servicing, LLC.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Bankruptcy Property classification BOTTOM LINE: Debtors were not prevented from modifying secured claim on their mobile home because it was personal property under Virginia law, and the real...

U.S.4th Circuit Court of Appeals: United States v. Hood and United States v. Brooks.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Criminal Procedure Sentence modification BOTTOM LINE: Pursuant to 18 U.S.C. s.3582(c)(2), defendants were not eligible for sentence reductions where Amendment 706 to the Sentencing Guidelines...

U.S. 4th Circuit Court of Appeals: United States of America v. Lindsey and United States v. Robinson.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Criminal Procedure Sentence modification BOTTOM LINE: Pursuant to 18 U.S.C. s.3582(c)(2), defendant was not eligible for a sentence reduction where Amendment 706 to the Sentencing Guidelines...

U.S. 4th Circuit Court of Appeals: Johnson, et al. v. Washington, et al.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Real Property Equitable mortgage BOTTOM LINE: Parties not entitled to claim an equitable mortgage where absolute sale of the house occurred and no debt existed between the parties. CASE:...

U.S. District Court, Maryland: Qwest Comm. Corp. v. Maryland Nat'l Captial Park & Planning Comm.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Civil Procedure Motion to dismiss BOTTOM LINE: Complaint alleging violation of the Federal Telecommunications Act by Park and Planning Commission's prohibitively high compensation levels were...

U.S. District Court, Maryland: Bruno v. Paulson.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Civil Procedure Leave to file amended complaint BOTTOM LINE: Motion to dismiss amended complaint as time-barred denied where an issue of fact remained with respect to notice of the...

US District Court, Maryland: Lexington Market, Inc. v. Desman Associates.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Civil Procedure Motion to remand BOTTOM LINE: District court granted plaintiff's motion to remand to state court where Defendant's notice of removal to federal court was untimely and the...

U.S. District Court, Maryland: Koelker, et al. v. The Mayor and City Council of Cumberland.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Labor & Employment Overtime pay for firefighters BOTTOM LINE: City's failure to pay overtime for hours worked beyond the Firefighters' regularly scheduled workweek violated collective...

U.S. District Court, Maryland: Younis v. Farooqi.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Immigration Obligation under a Form I-864 affidavit BOTTOM LINE: Although immigrant wife's alimony offset husband's obligation under a Support Form I-864 affidavit, husband's child support...

Week in review - legal edition.
March 9, 2009... Byline: The Daily Record Banks challenge rolling right to sue Banks battled borrowers at the Court of Appeals over whether a three-year limit for challenging allegedly excessive closing costs is restarted each time the borrower makes a...

Marylanders on the Move: March 9, 2009.
March 9, 2009... Byline: The Daily Record Staff Report Gordon, Feinblatt, Rothman, Hoffberger & Hollander LLC announced that William M. Davidow has joined the firm. He will be a member of the firm's business law and health care practice groups. Davidow has...

My First: The medical malpractice case the other lawyers turned down.
March 9, 2009... Byline: Caryn Tamber When a lawyer friend came to Jack H. Olender with the case of a child whose abnormal birth resulted in cerebral palsy, other lawyers had already turned it down. It was around 1974, and medical malpractice suits...

Md. Court of Special Appeals rules skateboarder subject to boulevard rule.
March 9, 2009... Byline: Christina Doran A skateboarder's failure to yield when entering a highway contributed to his own demise and bars his widow and estate from recovering against the driver whose vehicle struck and killed him, the Court of Special...

Federal judge in Baltimore awards seafarer $1.8M for workplace injuries.
March 9, 2009... Byline: Brendan Kearney A federal judge in Baltimore has awarded more than $1.8 million to a seafarer who lost the tip of his left index finger and suffered debilitating injuries while attempting repairs on a military vehicle-carrier...

The Daily Record News Briefs: March 9, 2009.
March 9, 2009... Byline: Daily Record Staff and Wire Reports Optelecom-NKF reports loss Optelecom-NKF Inc. reported a fourth-quarter net loss due largely to a one-time non-cash writedown. The Germantown-based manufacturer of fiber-optic data transmission...