SCHEDULE OF ORAL ARGUMENTS
September Term, 2024
Monday, January 6, 2025:
Bar Admissions
No. 20 Sharon Saunders v. Steven Gilman, et al.
Issues – Courts & Judicial Proceedings – 1) Did ACM err when it concluded that no exception to the final judgment rule applies and that it lacked appellate jurisdiction? 2) Does § 12-303(3)(v) of the Courts and Judicial Proceedings article permit an immediate appeal from an order finding adverse possession of real property before a final judgment has been entered?
Attorney for Petitioner: Jeremy C.B. Wyatt
Attorney for Respondent: Peter T. McDowell
No. 25 In the Matter of Cheryl Lewis, et al.
Justice McDonald will sit in place of Justice Booth
Issues – County Codes – 1) Did ACM err in its interpretation and application of § 5-403 of the Courts & Judicial Proceedings (CJP) Article (immunities related to certain agricultural operations)? 2) Did ACM err in holding that there was substantial evidence in the record to support the Talbot County Agricultural Resolution Board’s decision finding that the long-term storage of materials on and application of materials to farmland is a generally accepted agricultural activity entitled to the rebuttable presumption of Talbot County Code Chapter 128 (the Right-to-Farm law) or CJP §5-403? 3) Did ACM err in applying Chapter 128 and CJP §5-403 when the court held the storage and application of materials did not substantially change the agricultural operation and did not amount to a waiver of protection under Chapter 128 and CJP §5-403?
Attorneys for Petitioner: Lyndsey J. Ryan and Carly Hviding Landolfi
Attorney for Respondent: Mark S. Cropper
Tuesday, January 7, 2025:
No. 22 Canton Harbor Healthcare Center v. Felicia Robinson, et al.
Issues – Tort – 1) Can a registered nurse be a “qualified expert” to attest “that the departure from standards of care is the proximate cause of the alleged injury” as required by Courts & Judicial Proceedings §3-2A-04(b)(1)(i), even though offering a medical diagnosis is outside the authorized scope of nursing practice in Maryland? 2) Can a registered nurse opine whether physicians wrongfully failed to prescribed medicines or undertake appropriate treatment plans? 3) Did ACM improperly rely on Federal regulations regarding Medicare/Medicaid funding of nursing facilities in determining the qualifications of a registered nurse to give a medical causation opinion?
Attorney for Petitioenr: Gabriela Richeimer
Attorney for Respondent: Mark E. Herman
After January 7, 2025, the Court will recess until February 6, 2025.
On the day of argument, counsel must register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.
GREGORY HILTON
CLERK