inside this issue 4
President’s Message: Working Together Elizabeth Jesukiewicz Frey
Maryland Trial Lawyers Association 120 W Fayette St., Ste. 711 Baltimore, MD 21201 P: 410-539-4336
mtla@mdtriallawyers.com
2006/2007 Officers President
Beth Jesukiewicz Frey President-elect
David F. Albright, Jr. Vice President
Wayne M. Willoughby Secretary
Kevin I. Goldberg Treasurer
Robert J. Zarbin
Parlimentarian Louise A. Lock
Immediate Past President Alison D. Kohler
Trial Reporter Editorial Board/Committee
Co-Editor-in-Chief Richard Neuworth
Co-Editor-in-Chief Elliott Andalman David V. Diggs
Denis C. Mitchell James L. Otway Eric Stravitz
David J. Wildberger Michael Worsham
Publishers
David B. Walls, CAE, CMP Judith LaVoie, MA
Trial Reporter Deadlines
Winter 2006/2007 Dec. 8, 2006
Spring 2007 April 7, 2007
Winter 2007
Summer 2007 June 15, 2007
Fall 2007 October 5, 2007
6 Member-Get-Member Campaign – How Are We Doing? David B. Walls, CAE, CMP
8
Overcoming the Summary Judgment Hurdles of the ADA
Debra M. Lawrence
18 Handling a Case Against The Police – An Overview Terrell N. Roberts, III
26 Can’t Buy Me Leave:
Looking for Effective FMLA Remedies Robin R. Cockey
34 To TRO or Not to TRO? An Employer’s Enforcement Perspective of Non-Compete Agreements Paul A. Fenn
40 Employment Discrimination: Which is Better For Plaintiffs, Federal or State Law Thomas J. Gagliardo and Katherine R. Atkinson
48 Court of Appeals Weighing Writ of Certiorari On Shifting Attorney’s Fees Incurred in Litigating Entitlement to Previously Earned Shifted Fees Leizer Z. Goldsmith
52 Proposed Change to Rule 1.15 of the Maryland Rules of Professional Conduct
54 Appellate Watch Cary J. Hansel
Trial Reporter is a quarterly publication of the Maryland Trial Lawyers Assocation (MTLA). As a forum for the bar, bench, and others concerned with the civil trial practice and the administration of justice. We encourage your views and opinions. Letters, articles and proposals may be submitted to the publishers.
Statements and opinions expressed in editorials, articles and commentaries are those of the authors and not necessarily those of MTLA. Publication of any advertiser’s claim or of any author’s statement, opinion or commentary should not be construed as an endoursement by MTLA. Trial Reporter will not be liable for loss or damage incurrred from any advertisement published.
Trial Reporter is the property of MTLA and its contents may not be reproduced or reprinted without permission from MTLA publishers.
Diversity Policy MTLA strives continually to ensure that our membership, board, officers, staff, activities, committees and sections reflect and serve the diverse population of our state. We have an awareness of groups who have historically been discriminated against in our society. We seek to include those persons in all MTLA activities, therby augmenting the diversity of the association. In doing so, we will enhance our collective wisdom, strength and effectiveness.
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