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Law Digest — 4th Circuit, Md. Supreme Court, Appellate Court — April 25, 2024
U.S. Court of Appeals for the 4th Circuit Civil rights; immunity: Where a reasonable jury could find that a trooper violated a 15-year-old’s clearly established civil rights when he repeatedly struck the teenager while he was non-dangerous, non-actively resistant and partially subdued, the trooper was denied qualified immunity. Lewis v. Caraballo, Case No. 22-2115 (filed […]
Law Digest — 4th Circuit — April 18, 2024
U.S. Court of Appeals for the 4th Circuit Administrative Regulation BOTTOM LINE: Where a drug manufacturer challenged a regulation that set forth criteria for what constitutes a line-extension drug, but the agency’s regulation was within the general statutory ambit, the challenge failed. CASE: Vanda Pharmaceuticals Inc. v. Centers for Medicare and Medicaid Services, Case No. […]
Law Digest — MD Apellate Court — April 11, 2024
Maryland Appellate Court Criminal Juvenile court jurisdiction BOTTOM LINE: Where the juvenile court had exclusive original jurisdiction over a minor’s charges for first- and second-degree assault, it did not lose jurisdiction to adjudicate the second-degree assault charge, after the state entered a nolle prosequi to first-degree assault, because it was a charge “arising out of […]
Law Digest — April 4, 2024 — 4th Circuit, Md. Supreme Court, Appellate Court
U.S. Court of Appeals for the 4th Circuit Education; tax-exempt status: Where the district court held that a private Lutheran day school was subject to Title IX, which applies to entities “receiving Federal financial assistance,” because of its § 501(c)(3) tax exempt status, it erred. Tax exemption is not “Federal financial assistance.” Buettner-Hartsoe v. Baltimore […]
Law Digest — 4th Circuit — March 28, 2024
U.S. Court of Appeals for the 4th Circuit Civil practice Amended complaint BOTTOM LINE: Where the district court dismissed the second amended complaint filed by a woman against Southwest Airlines and the State of Maryland over her forced removal from a flight by law enforcement officers, and denied the woman leave to file a third […]
Law Digest — Md. Appellate Court — March 14, 2024
Maryland Appellate Court Criminal; animal cruelty: Where a man argued that his convictions for torturing four dogs must be vacated because the statute punished only intentional acts of animal cruelty, and not his abuse or neglect of the dogs, his argument was rejected. So long as the actor’s conduct is intentional, and results in pain […]
Law Digest — 4th Circuit, Md. Supreme Court, Md. Appellate Court — March 7, 2024
U.S. Court of Appeals for the 4th Circuit Civil practice; removal: Where two Maryland local governments sued over 20 energy companies for alleged misstatements regarding the impact of their products on climate change, and the companies failed to show any of their allegedly wrongful activities were carried out for or in relation to federal authority, […]
Law Digest — Md. Supreme Court — Feb. 29, 2024
Maryland Supreme Court Administrative Deceptive trade practices BOTTOM LINE: Where the record supported a public utility law judge’s finding that an energy company engaged in deceptive, misleading and unfair trade practices, it was affirmed. CASE: In the Matter of Smart Energy Holdings LLC, No. 1, Sept. Term, 2023 (filed Feb. 22, 2024) (Judges Fader, Watts, […]
Law Digest — 4th Circuit — Feb. 22, 2024
U.S. Court of Appeals for the 4th Circuit Banking COVID-19 benefits BOTTOM LINE: Where a man sued a bank responsible for distributing benefits under the Pandemic Unemployment Assistance program because his benefits were not provided, the bank was subject to the Electronic Fund Transfer Act, which applies to a “government benefit account.” CASE: Mohamed v. […]
Law Digest — Md. Appellate Court — Feb. 8, 2024
Maryland Appellate Court Administrative; permits: Where environmental advocates challenging stormwater permits issued by a state agency failed to show that the agency acted arbitrarily, their challenge was rejected. In the Matter of the Petition of Blue Water Balt., Nos. 1426 & 1803, Sept. Term, 2022 (filed Jan. 31. 2024). Administrative; standing: Where a man plausibly […]
Law Digest — 4th Circuit, Md. Supreme Court — Feb. 1, 2024
U.S. Court of Appeals for the 4th Circuit Constitutional; First Amendment: Where a Maryland county required gun dealers to distribute a pamphlet identifying the risk that a firearm could be used by a person contemplating suicide and informing gun owners how to safely store their firearms, that did not violate the First Amendment. Maryland Shall […]
Law Digest — 4th Circuit — Jan. 18, 2024
U.S. Court of Appeals for the 4th Circuit Constitutional; digital advertising tax: Where trade associations alleged a Maryland law requiring large technology companies to pay a tax based on gross revenue they earn from digital advertising in the state violates the First Amendment, and the district court dismissed the claim after a state court declared […]
