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Alternative Dispute Resolution


Appellate Watch


Cary J. Hansel


677-00356 Gallagher Evlius & Jones, LLP v.


Joppa Drive-Tru, Inc. D/B/A Checkers


Ward Coe, III, Esq. (410) 727-7702 Discovery/Civil Procedure


Te Honorable John F. Fader, II Baltimore County Circuit Court


In this case the circuit court judge granted a motion to compel because for the sole reason that the response was not in a format preferred by the judge. Te judge wanted the response to include the request, the response, and the reasons why the response given was appropriate. Te appellants point out that this format is required in filing the motion itself but not in the opposition and therefore suggest that their opposition should have been considered by the court and not similarly ignored.


678-02760 Chang K. Yim v.


Mayor and City Counsel or Baltimore, et al.


Peter A. Prevas, Esq. (410) 752-2340 Constitutional Law


Te Honorable Lynn K. Stewart Circuit Court for Baltimore City


Baltimore passed an ordinance comply known as the pad lock law which permits the chief of police to close a business for up


to one year if certain enumerated unlawful acts took place on or in some cases near the business at least twice at any time in the prior two years. Te law does not require a nexus between the conduct on or near the premises and the participate or knowledge or acquiescence by the owner of the premises and the allege conduct as a result. Te Plaintiffs challenge the statute under a variety of constitutional standards.


679-0691 Leanile Collins v. State of Maryland


Lisa J. Sansone, Esq. (410) 719-0221 Criminal/Constitutional


Te Honorable Robert B. Kershaw Circuit Court for Baltimore City


In this criminal matter a group of students and their teachers arrived to observe the trial as part of a classroom exercise. Te judge took a break and informed the teachers outside the presents of the students that the trial involved a graphic videotape that the judge had seen previously and which caused him to loose sleep. Te judge stated that it would not be appropriate for the students and asked that the students leave the proceedings. Among other issues on appeal the appellant argues that his right to a public trial was denied when the judge asked that the group of students not observe the graphic videotape. Te issue on appeal is whether this right was violated.


Trial Reporter / Fall 2010 49


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