Appellate Watch Cary J. Hansel
The Appellate Watch alerts our Amicus Committee about cases important to MAJ and advises members of issues pending before the Court of Appeals.
624-02310 Sharon M. Poole v.
An CNA Financial Corporation, et al.
Kenneth J. Coughlan, Esq. (410) 234-1410 Personal Injury
The Honorable Maurice W. Baldwin Harford County
adjuster working for CNA Financial
Corporation was covering both her territory and the territory of another adjuster driving 20-30 hours per week and developed sciatica and other health problems as a result. There are multiple issues raised on appeal. The first is whether the trial court made a reversible error when it refused to ask the jury panel if any of the members had legal or medical training or experience. This question was requested by both the appellant and the appellees but the court refused to ask it. The next issue on appeal is whether a medical expert can be asked if he is aware that carpal tunnel is a recognized occupational disease in Maryland. The argument on appeal is that this requires a legal opinion that is beyond the expertise of the expert.
625-00054
Independent Newspapers Inc. v.
Zebulon J. Brodie
Paul Allen Levy, Esq. (202) 588-1000
Constitutional / First Amendment
The Honorable Thomas G. Ross Circuit Court for Queen Anne’s County
The question in this case is whether the First Amendment of the United States Constitution and Article 40 of the Maryland Declaration of Rights protect against the compelled identification of anonymous internet speakers. This is apparently an issue of first impression in Maryland.
This particular case was brought by a real-estate developer who operates various businesses on the eastern shore. The developer bought a historic home in Churchill, Maryland and, shortly thereafter, the house burned to the ground. The defendant in the case, Independent News Papers, Inc., publishes several community newspapers on the eastern shore and operates an internet site which features a public issues forum allowing members of the community to post comments anonymously. An anonymous poster alleged in the forum that Mr. Brodie deliberately burnt down the historic landmark that he had recently purchased. The issue on appeal is whether Independent Newspapers Inc. can be forced to reveal information which either contains or may lead to the identity of the anonymous poster given the right to anonymous speech. Interestingly, the offending postings were voluntarily removed by Independent Newspapers.
Trial Reporter / Winter 2010 55
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