Alternative Dispute Resolution
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680-0051 David A. Bramble, Inc. v. Department of General Services, et al.
L. Teri Spradlin-Dahn, Esq. (410) 269-5066 Constitutional
Te Honorable J. Owen Wise (specially assigned) Circuit Court for Kent County
Te appellant challenges, on equal protection grounds, minority business enterprise set-asides.
681-02762 Carol Boerio-Croft v. Paul Luttner
David W. Lease, Esq. (301) 838-8950 Civil Procedure
Te Honorable David A. Boynton Circuit Court for Montgomery County
In this contract action, the jury awarded $90,000 on an unjust enrichment theory. A motion for judgment not withstanding the verdict was filed noting that a prior lawsuit raising the exact same facts and asserting the same causes of action had been filed in the District Court and voluntarily dismissed with prejudice there. Te question is whether this has any claim or issue preclusive effect on the verdict.
682-899 Monti Mantrice Flemming
Brian A. Zemil, Esq. (410) 494-6200 Criminal/forensics
Te Honorable Louis A. Becker Circuit Court for Howard County
Tis case involved a very significant Frye-Reed challenge to toolmaker testimony purporting to “match” a spent round removed from the victim’s body and those fired from a recovered firearm. Te evidence was allowed, but the challenge was turned against the defense and the defense was denied the ability to cross examine prosecution witnesses on why they did not use newer techniques which the court found had not yet gained general acceptance. On appeal, the defense notes that the Frye-Reed test is one for the admissibility of expert opinions, not the limits of appropriate cross examination. Another important issue on appeal is whether it was appropriate for one defense expert to testify that the opinions of two other defense experts were, “credible.”
50 Trial Reporter / Fall 2010
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