Daily Record (Baltimore, MD) articles from September 2008

Daily Record (Baltimore, MD) archives from September 2008

Pro Bono: Towson lawyer feels it's his duty to make a difference.
September 2, 2008... Byline: Danny Jacobs Jack Condliffe admits the first year of the Children's Education Project in Baltimore County did not go as well as planned. The program, designed to pair special-education students with volunteer lawyers trained to...

Beaten at impound lot, Hampden tow truck driver wins $275K.
September 2, 2008... Byline: Brendan Kearney A Baltimore judge has awarded $275,000 to a Hampden tow truck driver who, after complaining about the wait at the city's impound lot, was badly beaten by the lot attendant. The attendant, Primus Jones, lost his...

Week in Review - Legal Edition.
September 2, 2008... Byline: The Daily Record Top court rejects time limit on counsel request Even though two years and seven months passed between interrogations of Michael Blaine Shatzer Sr. concerning the sexual abuse of his 3-year-old son, his...

Baltimore County's detention center project is all finished - all except the lawsuits.
September 2, 2008... Byline: Danny Jacobs James P. O'Neill oversaw construction of jails in Anne Arundel and Prince George's counties, but said he did not have problems like he had for the Baltimore County Detention Center expansion. The other two...

Gas-leak suit advances to Baltimore County Circuit Court.
September 2, 2008... Byline: Danny Jacobs A class-action lawsuit in Baltimore County against ExxonMobil Corp., stemming from a massive January 2006 leak at a Jacksonville gas station, will go forward as scheduled after a judge denied the company's motion for...

Baltimore City jury awards retired teacher $1.4M.
September 2, 2008... Byline: Danny Jacobs A Baltimore City jury awarded a retired high school teacher $1.4 million on Friday for a misdiagnosis of post-surgery complications that resulted in him having four feet of his bowels removed. The jury deliberated...

Baltimore County project, $77M; litigation-related fees, $685K.
September 2, 2008... Byline: Danny Jacobs The Baltimore County Office of Budget and Finance estimated the county's detention center expansion would cost $77 million: $11.7 million for engineering services and $65.3 million for construction costs. The...

Maryland Court of Appeals goes back to work with two new judges.
September 2, 2008... Byline: Steve Lash The Court of Appeals will make history this term even before it hears the first case of the September 2008 term on Thursday morning. For the first time in its 232 years, Maryland's highest court will have three women...

The Daily Record News Briefs: September 2, 2008.
September 2, 2008... Byline: The Daily Record Staff 'No loitering,' but no cause for stop Police acted unreasonably in stopping and frisking a man who was standing near a no loitering sign in a high-crime area, the Court of Special Appeals held. The...

Q&A with Nancy Grasmick, Maryland's state superintendent of schools.
September 2, 2008... Byline: Andy Rosen Nancy S. Grasmick's 18th year as state superintendent of schools has been eventful, to say the least. Whether she's been making plans to hand over adult and correctional education to the Department of Labor,...

Baltimore County may ban portable ads.
September 2, 2008... Byline: Liz Farmer Mobile advertisement trucks and scrolling ads are designed to catch a passerby's attention -- but it's precisely that aspect that may get them banned from Baltimore County roads and parking lots. The County Council...

Law Digest.
September 2, 2008... Byline: The Daily Record 4th U.S. Court of Appeals Criminal Procedure: Speedy Trial Act: 103-day continuance ordered by district court did not consider requirements for granting an ends-of-justice continuance; thus, delay in...

Legal Opinions - U.S. 4th Circuit Court of Appeals: September 2, 2008.
September 2, 2008... Byline: The Daily Record Staff Criminal Procedure Speedy Trial Act BOTTOM LINE: 103-day continuance ordered by district court did not consider requirements for granting an ends-of-justice continuance; thus, delay in appellants' case...

Legal Opinions - U.S. District Court, Maryland: September 2, 2008.
September 2, 2008... Byline: The Daily Record Staff Labor & Employment Employees ownership of claims under a CBA and WARN BOTTOM LINE: Employees of company filing bankruptcy legally transferred their claims arising under existing collective bargaining...

Legal Opinions - Office of Administrative Hearings: September 2, 2008.
September 2, 2008... Byline: The Daily Record Office of Administrative Hearings Information supplied by the Office of Administrative Hearings THIS IS A CONFIDENTIAL DECISION AND THE NAMES OF THE PARTIED SHALL NOT BE REVEALED Child Abuse and Neglect...

Commentary: Of Service: MCIE celebrates 20 years of helping kids with disabilities.
September 2, 2008... Byline: Joe Surkiewicz Since 1975, federal law dictates that when making placement decisions about children with disabilities, educators need to look first at the school the child would attend if he or she didn't have a disability. ...

Maryland Lawyers on the Move: September 2, 2008.
September 2, 2008... Byline: The Daily Record Staff Whiteford, Taylor & Preston announced that Peter D. Guattery was recently appointed chair of the Maryland State Bar Association's Labor and Employment Section Council for a two-year term. Guattery, a member...

Profiles in Leadership: From foster children to high finance.
September 2, 2008... Byline: Caryn Tamber Mitchell Y. Mirviss' big projects lately: monitoring the state's progress on making court-ordered changes to foster care, working to secure bail hearing representation for defendants -- and representing Enron in...

Commentary: U.S. Senate should pass the shield law.
September 2, 2008... Byline: The Daily Record Editorial Advisory Board When Congress returns from its August recess next week, members of the U.S. Senate will consider the Free Flow of Information Act of 2008 to provide journalists with a testimonial privilege...

Baltimore-based partner at Hogan & Hartson LLP is Abu Dhabi-bound.
September 2, 2008... Byline: Caryn Tamber James A. 'Jay' Gede Jr. is betting that Abu Dhabi is the next Dubai. The Baltimore-based partner at Hogan & Hartson LLP is moving Wednesday to his firm's new office in Abu Dhabi, capital of the United Arab...

The Daily Record News Briefs: September 3, 2008.
September 3, 2008... Byline: Daily Record Staff & Wire Reports Union negotiations About 650 contract workers at Aberdeen Proving Ground are still on the job while their union continues to negotiate with companies testing Army equipment and weapons for the...

Cleared of murder, Dundalk teen gets probation.
September 3, 2008... Byline: Danny Jacobs A Dundalk teenager found not guilty of first-degree murder last month and sentenced to three years in prison on a lesser charge was released Tuesday on five years' probation to ensure he receives the necessary...

Top K&S lawyers draw suspension from Md.'s highest court.
September 3, 2008... Byline: Caryn Tamber The state's highest court has ordered the principals of lemon-law giant Kimmel & Silverman P.C. suspended indefinitely from the practice of law in Maryland, with the right to reapply after 90 days. It is unclear...

Baltimore Ravens buses are back - at a higher price.
September 3, 2008... Byline: Danielle Ulman Ravens fans who took the Maryland Transit Administration's recently cancelled shuttles to games last year just got another transportation option, but it will cost them twice the price. The team announced Tuesday...

Waterfront Promenade around Baltimore's harbor essentially complete.
September 3, 2008... Byline: Robbie Whelan With the opening of a stretch of red cobblestones in front of the new Ritz-Carlton Residences, city residents now have access to more than six miles of almost uninterrupted waterfront public space around Baltimore's...

Baltimore City Circuit judge nixes ban on Unicorn rubble-fill.
September 3, 2008... Byline: Steve Lash A Maryland law aimed at preventing the construction and operation of a rubble landfill near a Queen Anne's County lake has been struck down as unconstitutionally targeting and burdening a single company. Baltimore...

Baltimore-based Under Armour signs $17.5M deal to protect entire University of Maryland house.
September 3, 2008... Byline: Liz Farmer The University of Maryland announced Tuesday it is officially an Under Armour school. The Baltimore-based sports apparel company, founded by alum Kevin Plank, will be the official outfitter for all 27 varsity sports...

Former executive director of Md. Stadium Authority heading to Gordon Feinblatt.
September 4, 2008... Byline: BARBARA GRZINCIC Alison Asti, former executive director of the Maryland Stadium Authority, will return to the law firm of Gordon Feinblatt Rothman Hoffberger & Hollander effective Monday. Asti will head up a new practice...

University of Maryland Cancer Center wins prestigious recognition.
September 4, 2008... Byline: Danielle Ulman The nine years and millions of dollars the University of Maryland spent to earn the National Cancer Institute's recognition has finally paid off, officials said Wednesday. The NCI cancer center designation --...

The Daily Record News Briefs: September 4, 2008.
September 4, 2008... Byline: Daily Record Staff J. Bank's earnings increase Jos. A. Bank Inc., of Hampstead, a manufacturer and retailer of upscale menswear and accessories, reported second-quarter net income of $8.9 million, or 48 cents per diluted share,...

Outsourcing challenge dropped for now by Bethesda lawyer.
September 4, 2008... Byline: Caryn Tamber The Bethesda lawyer who filed a lawsuit challenging the practice of outsourcing legal work has dropped his case, but not the issue. Joseph A. Hennessey asked the U.S. District Court for the District of Columbia for...

Baltimore takes steps to seize 80 parcels in Old Fairfield.
September 4, 2008... Byline: Robbie Whelan City officials took steps Wednesday to seize by condemnation 80 properties in South Baltimore's Old Fairfield industrial area for redevelopment after negotiations to buy them fell apart. The properties, most of...

Iran sues warehouse in Baltimore.
September 4, 2008... Byline: Ben Mook The Iran Defense Ministry is suing a Baltimore warehousing company in federal court, claiming a floor collapse three years ago damaged $50 million worth of military equipment that has been held in limbo by the U.S....

Former Baltimore Ravens Coach Brian Billick to partner with 'Nasty Nestor' in venture to expand WNST.
September 4, 2008... Byline: Robbie Whelan A local AM sports talk radio station has tapped former Baltimore Ravens Coach Brian Billick to help transform it into something much larger--a Web-based media company that examines local sports from a hometown...

B. Sifrit shifts attack on murder conviction from state court in Md. to federal.
September 5, 2008... Byline: Steve Lash An ex-Navy SEAL found guilty of murdering a tourist in an Ocean City condominium in 2002 is urging a federal court to throw out the conviction, saying the state violated his right to a fair trial by presenting a...

Marylanders on the Move: September 5, 2008.
September 5, 2008... Byline: The Daily Record ACCOUNTING Gross, Mendelsohn & Associates P.A. has made several staff promotions. Mark Tobin was promoted from supervisor to manager. Richard Shank, Andrea Grissinger, Elizabeth Roberg and Douglas Bishop were...

Commentary: Public Justice Center film on homeless school children illuminates tough issue.
September 5, 2008... Byline: Betsy Nelson Back-to-school season is in full swing in Baltimore. Each new school year is a fresh start as I recently heard Dr. Andres Alonso, CEO of Baltimore City Public Schools, say in a radio interview. The images of the season...

Commentary: The Pursuit of Justice: The economic policy debate we need is unlikely to occur.
September 5, 2008... Byline: Steven I. Platt The headline to my last column was If it ever was, Reaganomics is no longer the answer. The issue now is What is the answer? So far, the economic plans of both candidates are at best unclear. In the case of...

Commentary: Conventions and tourism mean big bucks for the region.
September 5, 2008... Byline: Tom Sadowski It has been praised for being the missing piece of the downtown Baltimore puzzle and for spurring Greater Baltimore's convention business to new heights. One thing is for certain -- the opening of the new $301 million...

Week in Review.
September 5, 2008... Byline: Staff and wire reports National Cancer Institute designation The University of Maryland said this week it had earned the National Cancer Institute’s recognition, an honor shared by 63 of the nation’s elite...

For Baltimore Ravens, marketing only starts with 71,000 fans on Sundays.
September 5, 2008... Byline: Liz Farmer Purple camouflage. Face paint. The smell of sizzling sausage on the grill. And a sea of purple, white and black jerseys as far as the eye can see. To Ravens fans, the hoopla is just a regular Sunday at M&T Bank...

Commentary: Tech Talk: Technology ruled at the national political conventions.
September 5, 2008... Byline: Larry Fiorino The inevitable end of summer brings not only the promise of cooler days but renewed attention to the presidential political campaigns as well. Summer provided a break from the intense primary season and allowed...

The Daily Record News Briefs: September 5, 2008.
September 5, 2008... Byline: Daily Record Staff Martek outpaces expectations Martek Biosciences Corp., of Columbia, which manufactures nutritional oils from algae, reported net income for its fiscal third quarter ended July 31 of $9.3 million, or 28 cents...

Letters to the Editor.(Letter to the editor)
September 5, 2008... Emissions curbs will not cost Md. jobs The article entitled “Report: Curbing emissions would bring Md. $2B in benefits” (Aug. 28) highlights the economic benefits detailed in the Maryland Climate Change Commission’s...

M&T Securities buys Pikesville-based Peremel.(Company overview)
September 5, 2008... Byline: Danielle Ulman M&T Securities Inc. completed its acquisition of a Baltimore brokerage firm from PNC Investments LLC Thursday, as part of the company's effort to broaden its investment presence in Maryland. Buffalo-based M&T...

Alison Asti returns to Gordon Feinblatt in Baltimore.
September 5, 2008... Byline: Caryn Tamber Alison L. Asti will rejoin her old firm, Gordon, Feinblatt, Rothman, Hoffberger & Hollander L.L.C., where she will head the sports and economic development practice group. Asti is immediate past president of the...

Md. Court of Appeals rules rugmaker not liable for councilman's death.
September 5, 2008... Byline: Christina Doran A drug manufacturing company does not owe a duty to the world, including the victim of a fatal car crash caused by a diabetic driver, the state's highest court held. The Court of Appeals refused to impose...

Commentary: Your Money: Avoiding the money pit: Tips for first-time homebuyers.
September 6, 2008... Byline: Gary S. Williams Remember the movie The Money Pit where a young couple struggles to repair a hopelessly dilapidated house that literally falls in around them? That 1980s slapstick comedy may not be funny for many first-time...

Place to Be.
September 6, 2008... Byline: The Daily Record Ongoing The Pikesville Farmer’s Market opened July 1 on the Walker Avenue side of the Pikesville Library and Senior Center. The market is open l0:30 a.m. - 2:30 p.m. every Tuesday through October and...

Baltimore judge: City within rights to take properties adjacent to Uplands development.
September 6, 2008... Byline: Robbie Whelan A Baltimore judge has ruled that the city is acting within its rights to seize the property of at least five small businesses in connection with the $200 million redevelopment of Uplands, a vacant, 100-acre apartment...

The Daily Record News Briefs - September 8, 2008.
September 8, 2008... Byline: The Daily Record Staff Lawyer reprimanded for use of trust account The Court of Appeals has reprimanded an attorney who used a client trust account for personal transactions at a time when it held no money from or designated...

Legal Opinions - Maryland Court of Appeals: September 8, 2008.
September 8, 2008... Byline: The Daily Record Criminal Procedure Double jeopardy BOTTOM LINE: Circuit court erred in dismissing indictment as double jeopardy did not preclude the prosecution of charges in the circuit court and the State was not estopped...

Legal Opinions - Court of Appeals - Part 2.
September 8, 2008... Byline: Staff and wire reports Premises liability Liability for elevator owners and operators BOTTOM LINE: Circuit court applied the proper heightened standard of care, established by common law principles, to owner/operator of...

Legal Opinions - U.S. 4th Circuit Court of Appeals: September 8, 2008.
September 8, 2008... Byline: The Daily Record Administrative Warrant to inspect BOTTOM LINE: District court properly found that the EPA had authority to issue a warrant authorizing the agency to inspect a former United States Navy hospital ship for the...

Legal Opinions - U.S. District Court, Maryland: September 8, 2008.
September 8, 2008... Byline: The Daily Record Criminal Law Terry stop BOTTOM LINE: District court properly denied defendant's suppression motion where police officer's reasonable suspicion of defendant's criminal activity justified extension of traffic...

Law Digest.
September 8, 2008... Byline: The Daily Record MARYLAND COURT OF APPEALS Criminal Procedure: Double jeopardy: Circuit court erred in dismissing indictment where double jeopardy did not preclude the prosecution of the charges in the circuit court and the...

Interrogatory: What's your all-time favorite law-related TV series?
September 8, 2008... Byline: The Daily Record “Cagney & Lacey. It was cutting edge when it first aired, broke barriers and took on tough issues with intelligence and heart.” - Cynthia L. Leppert Partner, Neuberger, Quinn, Gielen, Rubin &...

Week in Review - Legal Edition.
September 8, 2008... Byline: Staff and wire reports Sifrit shifts attack on murder conviction An ex-Navy SEAL found guilty of murdering a tourist in an Ocean City condominium in 2002 is urging a federal court to throw out the conviction, saying the state...

Maryland Lawyers on the Move: September 8, 2008.
September 8, 2008... Byline: The Daily Record Staff The Baltimore Child Abuse Center (BCAC), a private, nonprofit organization that serves victims of child sexual abuse, has hired Adam Rosenberg, a former sex offense prosecutor for the Baltimore City State's...

Maryland Court of Special Appeals: Nursery school can keep using its latex gloves.
September 8, 2008... Byline: Steve Lash A private nursery school did not violate a Howard County law banning discrimination based on disability when it refused to accommodate a mother's request that it stop using latex gloves, the Court of Special Appeals...

Dundalk woman's complex regional pain syndrome suit resolved on day of scheduled trial.
September 8, 2008... Byline: Danny Jacobs A lawsuit brought by a Dundalk woman who claimed she lost use of her right arm after an orthopedic surgery procedure was dismissed last month on the same day it was scheduled to go to trial in Baltimore County Circuit...

Unbillable hours: Towson atty. says when sailing, he 'can't even imagine being a lawyer'.
September 8, 2008... Byline: Danny Jacobs G. Macy Nelson was sailing off the coast of Durban, South Africa, a place known for strong winds, large swells -- and a shark population that feeds off bait fish near the beaches. The wind was blowing from the south...

Barry Scheck marks new era for Innocence Project.
September 8, 2008... Byline: Caryn Tamber Famed criminal defense lawyer Barry Scheck told a roomful of future lawyers Friday that wrongful convictions are falling all over the country. Scheck painted a picture of the widespread debunking of forensic...

Lansdowne operator, neighbors fight over proposed tour bus service bay.
September 8, 2008... Byline: Danny Jacobs Good fences might make good neighbors, but when one neighbor proposes a 3,330-square-foot bus bay nearly touching the fences, it makes for a two-and-a-half year legal battle. At least that is the case for residents...

Ebb and flo in the Maryland bail-bond industry.
September 8, 2008... Byline: Brendan Kearney Leroy Hawkins has operated A A Hawk Bail Bond Service on Greenmount Avenue in East Baltimore for more than 27 years, but recently, he says, the city scene has become so crowded with cut-rate competitors that he's...

Fired for comments, Baltimore jury awards $120K to city contractor.
September 8, 2008... Byline: Brendan Kearney A Baltimore jury has awarded $120,000 to the bankruptcy estate of a garage owner whose city contract was terminated after she made disparaging remarks about the safety of city police cars on local television news...

Credit reporters sue Equifax.
September 9, 2008... Byline: Brendan Kearney The National Credit Reporting Association Inc. and a Baltimore County member agency have filed an antitrust suit against Equifax Inc., alleging the Atlanta-based credit information giant has taken illegal steps to...

Baltimore County Circuit Court judge imposes maximum term on man who killed girlfriend, fetus.
September 9, 2008... Byline: Danny Jacobs Vivian Walters sat in the front row of the courtroom when David Lee Miller was tried and convicted in March on two counts of first-degree murder in the June 2007 shooting deaths of Walters' pregnant daughter,...

Md. Court of Appeals may revive bid to block overturn of antidiscrimination law.
September 9, 2008... Byline: Steve Lash The Court of Appeals appears poised to revive a transgender-rights group's bid to block an Election Day referendum that would overturn a new Montgomery County antidiscrimination law. During oral arguments Monday, many...

Funds led by Legg Mason's Bill Miller have big stake in Freddie Mac.
September 9, 2008... Byline: Danielle Ulman In the fallout of the government rescue of mortgage behemoths Freddie Mac and Fannie Mae some will prevail, but shareholders, including Legg Mason Inc., could fall squarely in the losing column. Legg Mason Capital...

The Daily Record News Briefs: September 9, 2008.
September 9, 2008... Byline: Daily Record Staff & Wire Reports HoCo chamber awards The Howard County Chamber of Commerce announced the recipients of its annual Awards for Chamber Excellence: Questron, Small Business of the Year; Howard County Public School...

In Chapel Green, east side of Baltimore gets 1st test of market rate housing.
September 9, 2008... Byline: Robbie Whelan With the start of work on Chapel Green, a 63-unit rental housing development on the north side of Johns Hopkins' medical campus, the medicine and biotech-driven revitalization of the city's east side has its first...

International trade, biotech gain in reorganization of Md. Dept. of Business and Economic Develop.
September 9, 2008... Byline: Andy Rosen International trade and biotechnology are taking a more pronounced role within the Maryland Department of Business and Economic Development, under a staff reorganization announced Monday. Secretary David W. Edgerley...

Lies about transfer warrant disbarment, rules Maryland Court of Appeals.
September 9, 2008... Byline: Caryn Tamber The Court of Appeals has disbarred a Forestville lawyer for being dishonest while trying to arrange a real estate sale. Charles E. McClain scheduled a sham settlement on a piece of property when he knew the trustee...

The Daily Record News Briefs: September 10, 2008.
September 10, 2008... Byline: The Daily Record Staff Boon for small businesses The Maryland Health Care Commission began enrollment Tuesday for the state's small business health insurance subsidy. The Health Insurance Partnership can cover up to 50 percent...

Maryland leaders spar over $432M budget shortfall.
September 10, 2008... Byline: Associated Press Maryland's governor and comptroller continued sparring over the state budget Wednesday. Comptroller Peter Franchot again called for a thorough review of state spending practices and a rejection of the "hurried...

Cashing in on low share price, EDF doubles Baltimore-based Constellation Energy Group stake.
September 10, 2008... Byline: Danielle Ulman Electricite de France SA nearly doubled its stake in Baltimore-based Constellation Energy Group Inc. to become the firm's largest shareholder in its quest to build nuclear reactors stateside, officials said Tuesday....

With revenue still falling, Maryland Governor O'Malley pledges budget cuts.
September 10, 2008... Byline: Andy Rosen Gov. Martin O'Malley pledged Tuesday to cut hundreds of millions of dollars from this year's budget within coming weeks, as he and other state officials reacted to expectations that Maryland will be short $432 million in...

Maryland Court of Appeals rules no chance to vote on transgender bias ban.
September 10, 2008... Byline: Steve Lash Montgomery County voters will not get a chance to vote on a new law that bans discrimination against transgendered individuals, the state's highest court has held. Acting just one day after hearing arguments on the...

Maryland-based Loyola College wins seven-year zoning battle, can build retreat.
September 10, 2008... Byline: Danny Jacobs The Court of Appeals has upheld Loyola College in Maryland's plans to build a religious retreat center in northern Baltimore County, and in the process clarified its decision from nearly 30 years ago on how zoning...

The Daily Record News Briefs: September 11, 2008.
September 11, 2008... Byline: Daily Record Staff Average hospital stay, $10K The average amount paid for a hospital admission in Maryland rose 6.3 percent to $10,038 in fiscal 2007 from $9,440 in fiscal 2006, according to the Health Services Cost Review...

U.S. appeals court invalidates part of reform law.
September 11, 2008... Byline: Barbara Grzincic Congress went too far when it barred lawyers from advising clients to borrow more money before filing a bankruptcy petition, a federal appeals court has held. There are times when incurring more debt before...

State of Md. cutting $1.1B from transportation.
September 11, 2008... Byline: Andy Rosen Falling revenues have forced the state to cut back on planned transportation projects by $1.1 billion over the next six years, according to new projections announced Wednesday. The spending cuts, announced a day...

4th U.S. Circuit Court of Appeals rules ranking records can be used against doctor.
September 11, 2008... Byline: Steve Lash Federal prosecutors can proceed with the trial of a Potomac cardiologist on charges of tax evasion, even though the documents they intend to introduce in court were found while investigators were searching his home and...