Argument Schedule -- December 2012

SCHEDULE OF ORAL ARGUMENTS

September Term, 2012

 

Thursday, November 29, 2012:

Bar Admissions

Misc. 8  Andre Bourgeois, Individually and on behalf of a class of others similarly situated v. Live Nation Entertainment, Inc., et al.

Certified question of law from the United States District Court for the District of Maryland

Attorney for Appellant: Benjamin H. Carney
Attorney for Appellee: Patrick J. Carome

No. 24  Transcare Maryland, Inc., et al. v. Bryson Murray, et al.

Issues - Statutory Law - 1) Whether the Good Samaritan Act precludes civil liability to a vicariously liable private employer whose employee is immune under the Act? 2) Whether the Fire and Rescue Act provides immunity for a paramedic & his employer, a private ambulance company, providing emergency medical services in the absence of gross negligence?

Attorney for Petitioner: Robert W. Goodson
Attorneys for Respondent: Jesse E. Cox and Jason Timoll

No. 33  Kent Island, LLC v. Michael A. Dinapoli, et al.

Issues – Courts and Judicial Proceedings – 1) Whether CSA erred in finding that the Circuit Court of one county has subject matter jurisdiction to review a final judgment entered by the Circuit Court for another county? 2) Whether CSA erred in finding that a consent order agreed to by the parties and entered as a final judgment was a mere settlement agreement, reviewable by another court, rather than a final judgment that could only be revised by the Circuit Court entering the judgment as set forth in Rule 2-535?

Attorney for Petitioner: Warren K. Rich
Attorney for Respondent: C. Daniel Saunders

No. 35  B. Marie Green, Supervisor of Assessments of Montgomery County v. Church of Jesus Christ of Latter-Day Saints

Issue – Taxation – Does the parsonage or convent exemption in Tax-Prop. § 7-204 apply to 46-unit apartment complex owned by Appellees and occupied by married and single church workers who pay rent to the Church and conduct religious services at the Church's temple, which serves a district that covers the mid-Atlantic region?

Attorney for Appellant: William K. Hammond
Attorney for Appellee: Lauri E. Cleary

 

Friday, November 30, 2012:

AG 27  Attorney Grievance Commission of Maryland v. Robert Weston Mance, III

Attorney for Petitioner: Raymond A. Hein
Attorney for Respondent: Robert W. Mance

Misc. 10  Gladys Gardner, Individually on Behalf of All Persons Similarly Situated v. Ally Financial Incorporated, f/k/a GMAC Incorporated
     Randolph Scott, Individually and on Behalf of All Persons Similarly Situated v. Nuvell National Auto Finance, LLC, d/b/a Nuvell National Auto Finance; NUVELL FINANCIAL SERVICES

Certified question of law from the United States District Court for the District of Maryland

Attorney for Appellant: Martin E. Wolf
Attorney for Appellee: Andrew Seth Doctoroff and Jason R. Abel

No. 13  William M. Bailey v. State of Maryland

DNA Appeal

Attorney for Appellant: Erik Barron
Attorney for Appellee: Robert Taylor, Jr.

 

Monday, December 3, 2012:

AG 1  Attorney Grievance Commission of Maryland v. Mark Edward Hunt

Attorney for Petitioner: Marianne J. Lee
Attorneys for Respondent: Mark Edward Hunt

Misc. 7  Travco Insurance Company v. Crystal Williams

Certified question of law from the United States District Court for the District of Maryland

Attorney for Appellant: Steven M. Klepper
Attorney for Appellee: Mark Kotlarsky

No. 32  Daryl Jones v. Anne Arundel County, Maryland, et al.

Issues – County Government – 1) Whether the County may remove an elected official from his or her seat for conviction of a misdemeanor when there is no local law in effect to govern the removal of a Councilmember for conviction of a crime and § 2 of Art. XV of the MD Constitution does not allow for removal under the circumstances in this case? 2) Whether the County may remove an elected official from his or her seat for inability to perform the daily duties of office for a period of five months? 3) Whether the County may remove an elected official from his or her seat by interpreting a residency requirement to mean "place of abode" rather than "domicile"? 4) Does the Clean Hands Doctrine bar the Petitioner's claims for relief seeking removal of an incumbent member of the County Council from office and restoration of Petitioner to office?

Attorney for Appellant: Linda M. Shuett
Attorney for Appellee: David A. Plymyer

Tuesday, December 4, 2012:

AG 70 (2011 Term)  Attorney Grievance Commission of Maryland v. Alfred Amos Page, Jr.

Attorney for Petitioner: Lydia E. Lawless
Attorneys for Respondent: Melvin G. Bergman

No. 31  Big Louie Bail Bonds, LLC v. State of Maryland, et al.

Issue – Courts and Judicial Proceedings – Should bond be released and a bail bondsman's liability on bond be discharged when a defendant fails to appear in court because of the actions of the MD Department of Public Safety and/or the United States Department of Justice?

Attorneys for Petitioner: Erin Murphy and Andrew White
Attorney for Respondent: Beatrice Nunez-Bellamy

No. 34  CSX Transportation, Inc. v. Edward L. Pitts, Sr.

Issues – Labor & Employment – 1) Whether the federal regulation governing the ballast used to support railroad track, 49 C.F.R. § 213.103, applies to track and walkways located within rail yards as well as to track on the main line? 2) Whether CSA acted contrary to Supreme Court precedent when it adopted "an employee-friendly standard" of review in FELA cases? 3) Whether the trial court erred in preventing Petitioner from cross-examining Respondent's economist about work-life statistics concerning railroad employees' average age at retirement?

Attorney for Petitioner: Andrew E. Tauber
Attorneys for Respondent: H. David Leinbensperger and P. Matthew Darby

 

On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 9:30 a.m. unless otherwise notified.

After December 4, 2012 the Court will recess until January 3, 2013.

 

BESSIE M. DECKER

CLERK