Case # Case Name


Counsel for Appellant Area of Law


89-2982-00 Mark and Dorothy Lewis Stephen Glesser v. Andrew Wayne Summers 301-663-8200


Motor Vehicle/Mediation v. Settlement


90-3027-00 Fred O’Neal, et al. v. St. Agnes Hospital, et al.


91-0055-00 Zekarias Asfaw v. Towana Scott


Paul Weykamp


410-539-2214 Medical Malpractice/ Statute of Limitations


John Marshall 301-340-3200


Alternative Service of Process/Default Judgment


Johnson/Montgomery County


Noel/Baltimore City


Judge Jurisdiction


Stepler/Frederick County


Issues


Following mediation there was confusion as to whether this motor vehicle case was settled. Upon motion by defendant to enforce the settlement, did the trial court err in holding that Mark Lewis had settled this matter even though Dor- othy Lewis, a co-plaintiff, never agreed to same?


Did the trial court err in finding as a matter of law that the allegedly fraudulent statements made by the plaintiff’s de- ceased treating doctor did not toll the statute of limitations on the wrongful death and survival claims?


According to the plaintiff, the defendant, a driver for Barwood Cab Company, was avoiding service. Pursuant to Rule 2-121(c), the court authorized service of process by alternative means, i.e., delivering by regular mail a copy of the Summons and Complaint to the defendant’s last known address and to Asfaw’s insurance representatives. Did the court’s order for substitute service and subsequent default judgment violate the defendant’s constitutional right of due


process? 92-0060-00 Bobby Davidson, et al. Jeffrey DeCaro v. Microsoft Corporation 301-306-4318


Anti-Trust Law/ Consumer Protection Act


93-0080-00 Timothy McCabe v. Medex


94-222-00


Jeffrey Forman 410-823-5700


Employment Law/ Employment Contract


In Re: Sophia Foley, Michael W. Davis an adult


410-995-5800


Advance Directives/ Intervention of Court


95-1760-00 Diamond Radio, Inc. v. Vernon Johnson, III Syndicated Communications 202-457-1600 Venture Partners, III, LP, et al.


96-1877-00 James Watzin v. Margaret Watzin


97-2630-00 Mary Clarke, et al. v. Erie Insurance Exchange


Karen Amos


410-461-4200 Domestic Relations/ Civil Procedure


Dennis O’Brien 410-296-1440


Motor Vehicle/ Automobile Insurance


Wright/Washington County


Kavanaugh/ Montgomery County


Confession of Judgment/ Motion to Vacate


Kane/Howard County


Unnamed/Anne Arundel County


Wright/Baltimore County


Lamasney/Prince George’s County


Did the trial court err in dismissing plaintiffs’ anti-trust class action against Microsoft to recover overcharges for its Windows 98 computer operating system because plaintiffs are “indirect purchasers” as defined in Illinois Brick Com- pany v. Illinois, 431 U.S. 720? Did the court also err in dismissing plaintiffs’ Maryland Consumer Protection Act claims as well?


Did the trial court err in granting summary judgment for the employer in a claim for $32,850.73 in commission fees by upholding a provision in the employment contract, which provides that the employee must still be employed on the date of payment to receive commissions for prior sales?


When and how should a court overrule a decision by a designated health care agent and intervene to protect the interests of a disabled person?


Did the trial court err in not vacating a confessed judg- ment in the amount of $6 million, even though the movant met the required threshold by establishing the existence of meritorious defenses to the underlying claim?


Can the trial court sua sponte modify an order more than 30 days after its entry absent fraud, mistake or irregularity?


Did the trial court err in applying the “owned, but not insured” exclusion in the Erie policy where the vehicle op- erated was insured, but lacking uninsured/underinsured coverage?


26


Trial Reporter


Fall 2001


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