Case Name/Case # Ralph S. Crowder,
et al. v. Nasser
Appellant C ounsel/ Area of Law
E. David Hoskins, Esq. (410) 662-6500
Financial, Inc. et al. Consumer/Protection 434-178
Secondary Mortgage Loan Law
Devonte A. Brooks, v. E. David Hoskins, Esq. Housing Authority of (410) 547-0202
Baltimore City, et al. Lead Paint/ 435-1815
Government Liability
W. Michele Pierson Baltimore City
Judge/ Jurisdiction
Kaye A. Allison Baltimore City
Issues
Whether the 12 year statute of limitations of contracts under seal applies to a secondary mortgage loan law case alleging unlawful excess settlement charges, given that either the promissory note or deed of trust at issue was signed “under seal.”
Given a statutory scheme in which governmental immunity is waived up to, and, including, the amount of any insurance and further given a statutory requirement that the Housing Authority carry insurance or provide for insurance against all risks and hazards under, may the Housing Authority of Baltimore City effectively immunize itself from lead poison- ing liability by purchasing insufficient insurance and allowing the aggregate policy limits to become entirely depleted? The Circuit Court ruled that due to the depletion of its insurance, governmental immunity protected the Housing Authority of Baltimore City from claims brought by children and their families for lead poisoning suffered as a result of conditions in properties owned by the Housing Authority.
John Hasse v. Town Thomas L. Kemp, Esq. of Chesapeake City 436-01508-07
(410) 398-0910 Tort/Government Liability
Vincent J. Femia Cecil County
Where the street caved in as a pedestrian walked over it, resulting in significant injury to the pedestrian, is the municipality in which the street is located libel under the doctrine of res ipsa loquitur? The complaint was dismissed because the Court found that the doctrine of res ipsa loquitur did not apply.
Alberto Bustamante v. Waverly
Woods Owners Association, Inc. 437-00358-06
R. Manny Montero, Esq. (301) 588-8100
Property/Administrative Procedure/Constitutional Law
Ronald S. Bernhardt Howard County
Whether a property owner’s association may properly order the removal of a fence and whether the Circuit Court may properly award attorneys’ fees in a case where the owner’s association failed to provide notice to the homeowner of a design committee meeting and a board meeting in which the fence application was considered and denied. The homeowner in the case alleged that the failure to provide notice violated the association’s master declaration and the Maryland Homeowner’s Association Act.
Mable Jones v.
George’s County, et al. (301) 567-6700 438-01824-06
Michael S. Rosier, Esq. Gregory L. Lattimer,
(202) 638-0095 Police Misconduct/ Civil Procedure/ Wrongful Death
James J. Lombardi Prince George’s County
In this case, Prince George’s County was found libel for the wrongful death of Prince Jones, Sr. According to the appel- lant, the trial court had previously dismissed appellant as a party, finding that appellant was not a beneficiary under the Virginia Wrongful Death Act. However, that issue has not been finally resolved on appeal. The issue presented in this case by Ms. Jones is whether a settlement agreement which did not include her was properly approved by the Circuit Court, given her argument that she is an appropriate wrong- ful death beneficiary.
70
Trial Reporter
Summer 2007
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