court of appeals of maryland
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Medical- and legal-malpractice appeals will highlight the 2009- 2010 term of Maryland's highest court, which begins Wednesday.
In one of the most closely watched cases of the coming session, the Court of Appeals will review a trial judge's refusal to cap non- economic damages in a multimillion-dollar medical malpractice verdict. Montgomery County Circuit Judge John W. Debelius III said Maryland's cap on such awards applies only to lawsuits that were first submitted to arbitration.
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Professional Responsibility
Indefinite suspension
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In enacting the self-leave provision of the Family and Medical Leave Act, was Congress seeking to address gender discrimination in the workplace
That was the question at the center of the debate Wednesday during oral arguments in the U.S. Supreme Court case Coleman v. Court of Appeals of Maryland, which considers whether Congress abrogated states' sovereign immunity from FMLA claims involving self- care leave.
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Criminal Procedure
Witness protective orders
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Civil Procedure
Exhaustion of administrative remedies
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With his client facing potential deportation, a public defender urged Maryland's top court Thursday to throw out the guilty plea that brought Mark Denisyuk, a Latvian national, to the attention of U.S. immigration officials.
Brian L. Zavin blamed Denisyuk's current plight on his trial defense counsel, who failed to tell him that pleading guilty to the aggravated felony of second-degree assault could give the federal government grounds to remove him from the United States.
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Administrative Law
Interpretation of HG [section]19-906
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Professional Responsibility
Dismissal of petition
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Labor & Employment
Service retirement allowance
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The odor of a lawful substance associated with contraband doesn't necessarily furnish probable cause for a warrantless search, the Maryland Court of Appeals has ruled.
A police officer on foot patrol noticed a strong odor of ether on the defendant. Knowing that the odor of ether is associated with PCP, the officer reached over, grabbed the defendant's hands and had him place them over the top of his head.