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IN THE COURT OF APPEALS OF MARYLAND SCHEDULE Thursday, June 5, 2008: Bar Admissions AG 65 Attorney Grievance Commission of Maryland v. Lester A. D. Adams Attorney for Petitioner: Melvin Hirschman No. 134 Mary Gourdine v. Ellen Crews et al. ISSUE - TORT LAW - WRONGFUL DEATH - IS THE ANY PUBLIC POLICY REASON FOR RELIEVING THE DRUG COMPANY FROM LIABILITY FOR INJURIES TO INNOCENT THIRD-PARTY BYSTANDER INJURED IN AN ACTIONABLE MOTOR VEHICLE ACCIDENT CAUSED BY A DRUG-INDUCED LOSS-OF-CONSCIOUSNESS WHEN DRUG MANUFACTURER SOLD THE DRUGS CONSUMED BY THE AT-FAULT DRIVER WITH INADEQUATE WARNINGS, FALSE ADVERTISING AND MADE CONSCIOUS MISREPRESENTATIONS TO MEDICAL COMMUNITY AS TO TRUE RISKS OF THE DRUGS? Attorney for Appellant: Albert Brault
No. 130 Joyce Grimstead v. McNeal Brockington ISSSUES - MEDICAL MALPRACTICE - (1) DID TRIAL COURT ERR BY ALLOWING TWO ALTERNATE JURORS TO ATTEND JURY DELIB ERATIONS IN CIVIL CASE AND SUBSTITUTING THE ALTERNATES FOR TWO REGULAR JURORS DURING THE DELIBERATIONS WHEN THE DEFENDANT EXPRESSLY AGREED TO THE ALTERNATES' PRESENCE DURING DELIBERATIONS AND ATTEMPTED TO WITHDRAW CONSENT ONLY WHEN TRIAL COURT DESIGNATED ALTERNATES TO REPLACE REGULAR JURORS WHOM THE DEFENDANT PREFERRED? (2) DOES THE STATUTORY LIMITATION ON NON-ECONOMIC DAMAGES INCREASE WHEN A PHYSICIAN COMMITS REPEATED ACTS OF NEGLIGENCE IN SUCCESSIVE YEARS WHILE TREATING A PATIENT?
No. 129 Anthony Alston v. State of Maryland ISSUES - CRIMINAL LAW - (1) DID THE TRIAL COURT ERR IN DENYING PETITIONER'S MOTIONS FOR MISTRIAL AND FOR NEW TRIAL WHERE THE JURY WAS NOT SWORN UNTIL AFTER THE ESSENTIAL CONCLUSION OF THE STATE'S CASE? (2) DID THE TRIAL COURT ERR IN SENTENCING PETITIONER TO LIFE FOR A CONSPIRACY TO MURDER WHERE UNDER THE INSTRUCTIONS GIVEN THE JURY COULD HAVE FOUND PETITIONER WAS GUILTY ONLY OF CONSPIRACY TO COMMIT SECOND DEGREE MURDER? Attorney for Appellant: David P. Kennedy No. 138 Maryland Department of Health and Mental Hygiene v. Ida Brown ISSUE - ADMINISTRATIVE LAW - DID THE ADMINISTRATIVE LAW JUDGE APPLY AN UNLAWFUL LEGAL STANDARD IN DETERMINING RESPONDENT'S MEDICAL ELIGIBILITY FOR SERVICES UNDER OLDER ADULTS WAIVER PROGRAM? Attorney for Appellant: Kathleen E. Wherthey Friday, June 6, 2008: AG 20 & 21 Attorney Grievance Commission of Maryland v. Robert Silverman and Craig Kimmel Attorney for Petitioner: Gail D. Kessler No. 135 George Maldonado v. American Airlines et al. ISSUE - WORKERS' COMPENSATION - IS EXPERT MEDICAL TESSTIMONY ON THE ISSUE OF PHYSICAL IMPAIRMENT ALONE INSUFFICIENT AS A MATTER OF LAW TO OVERCOME THE DECISION OF THE WORKERS' COMPENSATION COMMISSION REGARDING "INDUSTRIAL LOSS"? Attorney for Appellant: David Fink No. 137 People’s Counsel for Baltimore County et al. v. Loyola College in Maryland ISSUE - ZONING - WHETHER SPECIAL EXCEPTION APPLICANT CAN MEET THE SCHULTZ v. PRITTS TEST AND PROVE THAT PROPOSED USE HAS NO GREATER ADVERSE EFFFECT AT PROPOSED LOCATION THAN IT WOULD AT OTHER LOCATIONS IN SAME ZONE WHEN THAT APPLICANT HAS NOT PRESENTED ANY EVIDENCE OF ADVERSE EFFECTS OF PROPOSED USE AT OTHER SITES IN SAME ZONE? Attorneys for Appellant: Peter Max Zimmerman and G. Macy Nelson Monday, June 9, 2008: No. 140 Susan Eynon Lark v. Montgomery Hospice, Inc. ISSUE - TORT LAW - HEALTH CARE WORKER WHISTLEBLOWER PROTECTION ACT - DID THE LOWER COURT ERR IN DENYING PLAINTIFF'S WRONGFUL OR ABUSIVE DISCHARGE CLAIM WHEN PLAINTIFF'S TERMINATION WAS THE RESULT OF HER REPORTING A VIOLATION OF STATE LAW AND/OR STATE BOARD OF NURSING REGULATIONS? Attorney for Appellant: Lee Boothby AG 49 Attorney Grievance Commission of Maryland v. James Charles August Moeller Attorney for Petitioner: Fletcher P. Thompson No. 117 Craig B. Chesek and Gregory J. Maddalone v. Adrienne A. Jones ISSUE - MARYLAND GENERAL ASSEMBLY - MAY THE LEGISLATIVE POLICY COMMITTEE DELEGATE ITS STATUTORY SUBPOENA AND INVESTIGATORY POWERS TO A SPECIAL COMMITTEE? Attorney for Appellant: Donald Braden No. 139 In Re: Adoption/Guardianship of Tracy K. ISSUE - FAMILY LAW - GUARDIANSHIP - JURISDICTION - DOES THE ORPHANS' COURT HAVE JURISDICTION OVER PETITIONS FOR GUARDIANSHIP OF THE PERSON OF A MINOR CHILD WHERE ONE OF THE NATURAL PARENTS IS ALIVEM WHERE PARENTAL RIGHTS HAVE NOT BEEN TERMINATED AND NO TESTAMENTARY APPOINTMENT HAS BEEN MADE? Attorney for Appellant: George Meng
Attorneys for Appellant: David Schoenfeld and Michael McAuliffe
AG 23 Attorney Grievance Commission of Maryland v. Charles E. McClain, Sr. Attorney for Petitioner: Dolores O. Ridgell AG 14 Attorney Grievance Commission of Maryland v. Michael F. Taylor Attorney for Petitioner: Dolores O. Ridgell No. 142 State of Maryland v. Colonel Preston Long ISSUE - CRIMINAL LAW - DOUBLE JEOPARDY - DID TRIAL COURT INCORRECTLY DISMISS THE INDICTMENT BASED ON DOUBLE JEOPARDY GROUNDS WHERE CHARGES AGAINST DEFENDANT, ALTHOUGH OCCURRING ON THE SAME DATE AS DIFFERENT PREVIOUSLY LITIGATED CHARGES WERE BASED ON SEPARATE OFFENSES DURING A LATER HOUSE SEARCH EXECUTED PURSUANT TO SUBSEQUENTLY OBTAINED WARRANT? Attorney for Appellant: Mary Ann Ince No. 143 Maryland Department of the Environment v. Klein/Wachter Properties, LLC ISSUE - STATUTES - ENVIRONMENT - DOES MDE HAVE REGULATORY AUTHORITY OVER THE WATER SYSTEM WHICH PROVIDES DRINKING WATER TO RESIDENTIAL USERS IN MARYLAND? Attorney for Appellant: Charles J. Butler On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified. After June 10, 2008, the Court will recess until September 4, 2008. BESSIE M. DECKER
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