Recent Articles

Community Clinic, Inc. v. Dept. of Health (Ct. of Special Appeals)

June 05, 2007 13:04

Filed May 3, 2007--Opinion by Judge Lawrence F. Rodowsky.This is a judicial review of an administrative decision involving the disallowance by Maryland Department of Health and Mental Hygiene ("DHMH") of claims by two federally qualified health clinics ("FQHCs" or collectively, "Clinics") for...

Williams v. Iron Workers Local No. 16 Pension Fund, et al. (Maryland U.S.D.C.) (Not Approved for Publication)

May 23, 2007 13:03

Signed May 2, 2007--Memorandum Opinion by Judge Andre M. Davis.Ronald Williams ("Williams") brought this action against defendants pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 USC § 1001, et seq., to challenege the denial of pension benefits.The fund's existence predates...

Stewart v. State (Ct. of Appeals)

May 21, 2007 17:47

Filed May 11, 2007--Opinion by Judge Irma Raker, Dissent by Chief Judge Robert M. Bell.Stewart was indicted in a multi-count indictment alleging child abuse, second degree sexual offense, third degree sexual offense, and fourth degree sexual offense. The court sentenced him to a term of...

Brown v. American Institutes for Research, (Maryland U.S.D.C.) (Approved for Publication)

May 19, 2007 15:14

Opinion Issued May 17, 2007--Opinion by Judge Roger W. Titus. (Approved for publication.)The first paragraph of the Court's opinion establishes its theme:This case exemplifies the old adage that "you can lead a horse to water, but you can't make him drink." The Plaintiff is the horse of this story,...

Prince George County v. Ray's Used Cars (Ct. of Appeals)

May 19, 2007 14:42

Filed May 4, 2003--Opinion by Judge John Eldridge.This case concerns a challenge to the constitutionality of a zoning ordinance establishing the minimum lot size of 25,000 square feet for used motor vehicle, mobile home or camping trailer sales lots. The dispositive issue in the case, however, is...

Patterson Park v. Teachers Union (Ct. of Appeals)

May 19, 2007 12:11

Filed May 11, 2007--Opinion by Judge Lynne Battaglia.The Baltimore Teachers Union ("the Union") and the Baltimore City Board of School Commissioners ("City Board") sought review of the Circuit Court for Baltimore City's decision that the Maryland State Board of Education was able to grant waivers...

McFadden v. Grasmick, et al. (Maryland U.S.D.C.) (Approved for Publication)

May 16, 2007 22:47

Filed May 12, 2007--Opinion and Order by Judge Andre M. Davis.This is an action brought pursuant to § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., and 42 U.S.C. § 1983, seeking declaratory and injunctive relief...

Layton v. Howard County Board of Appeals (Ct. of Appeals)

May 16, 2007 20:29

Filed May 9, 2007. Opinion by Judge Dale R. Cathell. Dissenting opinion by Judge Alan M. Wilner (retired, specially assigned).From the official headnote:Reaffirming the Yorkdale Corporation v. Powell, 237 Md. 121, 205 A.2d 269 (1964) rule that a change in statutory law that takes place during the...

Breen v. Buttman (a.k.a. Guttman); In Re: John S. and Teresa J. Breen (U.S.D.C. Md.) (Not Approved for Publication)

May 11, 2007 14:25

Filed May 8, 2007. Opinion by Judge Richard D. Bennett.This case was an appeal from the Order of United States Bankruptcy Judge Robert A. Gordon denying a Motion to Reconsider filed by Appellant-Debtors John S. Breen and Theresa J. Breen ("Appellants").The Appellants filed a chapter 7 bankruptcy on...

Educational Testing Service v. Hildebrant (Ct. of Appeals)

May 10, 2007 18:45

Filed: May 10, 2007—Opinion by Judge Irma RakerHildebrant sued Educational Service ("ETS") for malicious defamation and breach of contract after ETS concluded that Hildebrant had not followed mandatory testing procedures and canceled her test scores. According to Hildebrant, ETS breached its...