Petitions for Writ of Certiorari - April, 2025

PETITIONS FOR WRIT OF CERTIORARI

September Term, 2024

 

Granted April 24, 2025

Mayor and City Council of Baltimore v. B.P. P.L.C., et al.; Anne Arundel County v. B.P. P.L.C., et al.; City of Annapolis v. B.P. P.L.C., et al. – Case No. 11, September Term, 2025

Issues – Torts – From the petition for writ of certiorari: 1) Do the U.S. Constitution and federal law preempt and preclude state law claims seeking redress for injuries allegedly caused by the effects of out-of-state and international greenhouse gas emissions on the global climate? 2) Does Maryland law preclude nuisance claims based on injuries allegedly caused by the worldwide production, promotion, and sale of a lawful consumer product? 3) Does Maryland law preclude failure-to-warn claims premised on a duty to warn every person in the world whose use of a product may have contributed to a global phenomenon with effects that allegedly harmed the plaintiff? 4) Does Maryland law preclude trespass claims based on harms allegedly caused by global climate changes arising from the use of a product by billions of third parties around the world outside of producer’s control? From the cross-petition for writ of certiorari: 1) Do appellants/cross-appellees’ complaints state claims for public and private nuisance? 2) Do appellants/cross-appellees’ complaints state claims for strict liability and negligent failure to warn? 3) Do appellants/cross-appellees’ complaints state claims for trespass.

Comptroller of Maryland v. The Potomac Edison Company – Case No. 12, September Term, 2025

Issues – Tax General – 1) Did ACM erroneously interpret § 11-201(b) of the Tax-General Article, which exempts “tangible personal property … used directly and predominantly in a production activity” from sales-and-use tax, to apply to the equipment that Respondent uses not to produce electricity but to transmit and deliver it from out-of-state generators to its Maryland consumers? 2) In applying ACM’s erroneous interpretation of § 11-201(b) of the Tax-General Article, did the Tax Court err in concluding that much of Respondent’s transmission and delivery equipment was used “directly and predominantly” – that is more than 50 percent – in a production activity, when Respondent’s expert testified that the equipment is used both to deliver and process electricity simultaneously and concurrently and that neither delivery nor processing predominates? 3) Did ACM err in concluding that § 13-508(a) of the Tax-General Article, which governs the time within which a taxpayer may seek a refund of tax paid pursuant to an assessment by the Comptroller, supersedes the generally-applicable four-year limitations period in § 13-1104(g) and allows Respondent the refund of previously-paid sales-and-use-tax that was not paid pursuant to an assessment by the Comptroller? 4) Did ACM err by compelling the State to pay interest on Respondent’s refund claim when the evidence showed that Respondent paid the tax because of an “accounting system irregularity”, a mistake not attributable to the State?

 

Denied/Dismissed April 25, 2025

The order denying or dismissing the below petitions can be found here.

Ali v. Clarke – Pet. No. 468 
Bhairava, Shiva v. State – Pet. No. 485 
Bhargava v. Prince George’s Cnty. Planning Bd. – Pet. No. 482 
Brown v. Brown – Pet. No. 476 
Castle, Sarah Elizabeth v. State – Pet. No. 487 
DeBerry v. Nguyen – Pet. No. 7 * 
Degoto, Daniel P. v. State – Pet. No. 471 
Grier, Richard v. State – Pet. No. 465 
Hernandez-Lopez, Jose v. State – Pet. No. 464 
Hinton v. Office of the Public Defender – Pet. No. 430 
Hoerner, Edwin C. v. State – Pet. No. 486 
In re: D.O. – Pet. No. 475 
In re: T.C. – Pet. No. 488 
In re: W.F. – Pet. No. 451
In the Matter of Carpenter – Pet. No. 478 
In the Matter of Ford – Pet. No. 497 
In the Matter of Oyegunle – Pet. No. 477 
In the Matter of Pope – Pet. No. 440 
Johnson v. LVNV Funding – Pet. No. 473 
Kasperek v. Keres – Pet. No. 470 
McCrea, Calvin v. State – Pet. No. 452 
Mulamba v. Bd. Of Education, Baltimore Cnty. – Pet. No. 474 
Phillips v. Qureshi – Pet. No. 421 
Pirzchalski v. Solomon – Pet. No. 466 
Salvador, Rene v. State – Pet. No. 49 * 
Stevens, Calvin M. v. State – Pet. No. 467 
Tapia, Jose Miguel v. State – Pet. No. 437 
Turner v. Silva – Pet. No. 453 
Twigg v. Twigg – Pet. No. 480 
Ucheomumu v. Peter – Pet. No. 483 
Watson v. LVNV Funding – Pet. No. 448 
Zang v. Peroutka – Pet. No. 469 

* September Term 2025
 

 

Denied/Dismissed April 28, 2025

Gaynor v. Extended Stay America - Pet. No. 416
Smith-Scott v. BMG Laurel - Pet. No. 445