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Appellate Watch by Cary J. Hansel

Cary J. Hansel is a shareholder with Joseph, Greenwald & Laake, P.A. in Greenbelt, Maryland. He received his JD from George Washington University School of Law and his undergraduate degree from Washington and Lee University. Since being admitted to the bar in December 1999, Mr. Hansel has concentrated his practice in trial and appellate advocacy. He has argued and/or authored briefs in ten reported cases in the appellate courts of Maryland, two on behalf of MTLA.

The Appellate Watch Program and articles in the quarterly Trial Reporter have been a part of MTLA member services for several years. Appellate Watch was instituted for several reasons: First, the program alerts our Amicus Committee about any cases and issues of importance to the MTLA. Second, members are advised of the issues pending before the Court of Special Appeals. Finally, due to the gracious assistance of Court of Special Appeals Clerk, Leslie Gradet, MTLA is able to provide members with copies of appellate briefs cited in these articles. To obtain a copy of a brief at nominal cost, contact MTLA’s Executive Director, David B. Walls, CAE, CMP. Please use the order form that appears at the end of Appellate Watch.

Case # Case Name

Counsel for Appellant/ Area of Law

(410) 821-7373 Judge/ Jurisdiction

415-02545 Veypsman, et al. v. Michael B. Green, Esq. Evelyn O’Meyga New York Palace


Personal Injury/Assault/ Baltimore City Premises Liability


Whether the Appellee/Restaurant Owner may be held liable for an assault which occurred on his premises, where it is alleged that alcohol was illegally served and that 15 members of a wed- ding party were permitted to reenter the facility after an alleged argument between certain mem- bers of the party and certain individuals still inside.


Foster, et al. v. Gazunis, et al.

Henry Weil, Esq. (301) 738-5700 Defamation/

Local Government Tort Claims Act

John W. Debelius, III Montgomery County

First, was the individual defendant entitled to the immunity provided by Section 5-518 of the Courts and Judicial Proceedings Article in con- nection with a claim of defamation? Second, did the lower Court err in finding that the Board of Education of Montgomery County is entitled to immunity under the same section, given that an alleged wrongful demotion resulting from defamation was contractual and not tortuous?

417-00991 Feltman v. J.P. Szymkowicz, Esq. Coordinating Group (202) 862.8500

Shiela R. Tillerson Adams/Prince

Open Meetings Act/ George’s County Fee Award


Whether a victorious plaintiff in an open meeting’s act case is entitled to a calculation of attorneys fees under the Lodestar method used by the United States District Court for the Dis- trict of Maryland, and, more generally, how fees should be calculated for purposes of the open meeting.

Smith v. State Farm Robert J. Zarbin, Esq. Kaye Allison Mutual Automobile (301) 627-8700

Insurance Company Transfer of Venue/ Forum Non Conveniens

Baltimore City

Whether venue was properly transferred from Prince George’s County Circuit Court to Mont- gomery County Circuit Court, citing only forum non conveniens as grounds, in a case in which an automobile accident happened in Montgomery County. The alleged tortfeasors reside in Howard County and the plaintiff and two witnesses live in Silver Spring, Montgom- ery County, Maryland.

(Continued on page 44) 42 Trial Reporter Spring 2006

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