SCHEDULE OF ORAL ARGUMENTS
September Term, 2022
Friday, January 6, 2023:
Remarks Commemorating the History of the Court of Appeals
No. 16 Bridget Romeka v. RadAmerica II, LLC, et al.
Justice McDonald (Retired Justice, Specially Assigned) will sit in place of Justice Biran.
Issues – Health Occupations – 1) Did the trial court err by requiring a plaintiff with a retaliation claim under the Health Care Worker Whistleblower Protection Act, Md. Code §1-502 of the Health Occupations Article, to show that protected conduct was the but-for cause of the challenged personnel action? 2) Did the trial court err in awarding summary judgment to the employer, despite genuine disputes of material fact, on the grounds that Petitioner could not establish her retaliation claim as a matter of law?
Attorney for Petitioner: Hayley Hahn
Attorneys for Respondent: Jennifer L. Curry and Alison C. Schurick
No. 20 Baltimore Police Department, et al. v. Open Justice Baltimore
Issues – General Provisions – 1) Does the discretionary language in Md. Code § 4-206(3) of the General Provisions Article, stating that, under certain conditions, “[t]he official custodian may waive a fee under this section,” require the official custodian to waive a fee when police misconduct investigation records are requested? 2) When an official custodian denies a fee waiver request in good faith, but a reviewing court rules that the denial is arbitrary and capricious for failure to consider an additional relevant factor, is the proper remedy a remand to the agency to consider that additional factor, or summary reversal (i.e., ordering the agency to waive the fee)? 3) Did CSA err by reversing the circuit’s affirmation of Petitioner’s fee waiver denial when there was sworn affidavit evidence in the record that Petitioner had considered the relevant factors in determining that the requested waiver was not in the public interest?
Attorney for Petitioner: Michael Redmond
Attorney for Respondent: Matthew Zernhelt
After January 6, 2023, the Court will recess until February 2, 2023. On the day of argument, counsel must register in the Clerk's Office no later than 9:30 a.m., unless otherwise notified.
SUZANNE C. JOHNSON