Case Summaries: Maryland Summaries

Newsletter Volume: 
Newsletter - January 2004
January

Grimm Opines on Electronic Discovery Standards

Thompson v. HUD, No. MJG-95-309 (D. Md.
Dec. 12, 2003), Grimm, M.J.

The case discusses standards for electronic discovery requests; duty to preserve; spoliation; and adverse inferences.

Newsletter Volume: 
Newsletter - January 2004
January

Lynn v. Maryland, No. JFM-01-2889 (D. Md. 2003). The court reduced the attorney's fee application where the Plaintiff demonstrated limited success in his claims.

Bourne v. Center on Children Inc., No. 2698 (Md. App. Dec. 11, 2003), Eyler, J.

A former pastor’s breach of contract and defamation lawsuit against a church-affiliated
non-profit corporation and his supervisors was10 MWELA MONTHLY January 2004 barred by the First Amendment. The Court found that the non-profit and the individuals were entitled to the same protections as the church. Also, the court found that the matter was not “purely secular” and deciding the matter would require the court to consider the pastor’s adherence to religious tenets and spiritual successfulness as determined by the church.

Newsletter Volume: 
Newsletter - January 2004
January

Metro is Immune from FMLA Suit

Lizzi v. WMATA, No. 420, Sept. Term 2002 (Md. Ct. Spec. App. Dec. 22, 2003).

Metro has Eleventh Amendment sovereign immunity to suit under Family and Medical Leave Act.

Newsletter Volume: 
Newsletter - January 2004
January

Motz Reduces Fee Award

Lynn v. Maryland, No. JFM-01-2889 (D. Md. 2003).

The court reduced the attorney's fee application where the Plaintiff demonstrated limited success in his claims.

Newsletter Volume: 
Newsletter - January 2004
January

No Immunity For Ambassador and Employee While Engaging in Commercial Activities

Pradhan v. Al-Sabah, et al, No.03-0228 (D. Md. Jan. 7, 2004), Chasanow, J.

An ambassador does not have diplomatic
immunity in a dispute over an employee breaking a lease on a house he was renting. The ambassador, acting in his official capacity, signed an addendum to the lease. This act constitutes “commercial activity” which is an exception to the protected status afforded diplomats under The Foreign Sovereign Immunities Act.

Newsletter Volume: 
Newsletter - January 2004
January

Trucker Not “Regularly Employed” in Maryland is Not Eligible for Maryland Workers’ Comp Benefits

Larry T. Fitzgerald v. R&R Trucking Inc., No. 58 (Md. App. Dec. 11, 2003), Davis, J.

The lower court did not err in granting summary judgment to a Missouri-based employer of a truck driver who applied for workers’ compensation benefits in Maryland for a work related injury in Pennsylvania. The court found that “regular employment” under the statute meant a uniform course of conduct. In this case, the claimant’s employment in Maryland was more akin to a matter of chance. He did not spend a considerable time in Maryland and only performed a route originating in Maryland nine times over a period of five months.

Newsletter Volume: 
Newsletter - January 2004
January