President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...
Read More »Constitutional Maryland and DC lack standing to sue president in emoluments suit
Tort Court dismisses claims against Navy officers and DoD personnel 
The defendants were acting within the scope of their employment when they investigated complaints that plaintiff abused and neglected his three minor children while stationed on an overseas military base. Background Barry Doe claims officers of the United States Navy ...
Read More »Consumer Protection Defendants invoke sovereign immunity to avoid consumer protection suit 
Two entities formed by the Lac Vieux Desert Band of the Lake Superior Chippewa Indians cannot be sued for allegedly issuing payday loans with unlawfully high interest rates because, as arms of the tribe, they enjoy sovereign immunity. Background ...
Read More »Criminal Practice Murder – Defense of Accident – Jury Instruction 
Defendant was unlawfully trying to buy drugs from the victim, when, according to defendant, the victim’s accomplice drew a gun, defendant and the accomplice struggled for the gun, and defendant accidentally fired the gun, killing the victim. The trial ...
Read More »Labor Delinquent contribution suit reinstated 
A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet ...
Read More »Criminal Sentence enhanced over conviction for accessory before armed robbery 
A defendant properly received a sentencing enhancement under the Armed Career Criminal Act, or ACCA, because his prior state convictions for common law robbery and accessory before the fact of armed robbery both qualify as violent felonies. Background In 2009, ...
Read More »Civil Practice Aiding and abetting fiduciary breach claims removed to federal court 
State court class actions on behalf of owners of stock in an electric and gas utility, which alleged that the company’s CEO and board members breached their fiduciary duties by agreeing to a merger with an energy-based utility company and ...
Read More »Attorneys Discipline – Definite Suspension – Unlawful Communication – Client’s Money 
While meeting with one of her criminal clients who was in custody related to a narcotics trafficking case, the respondent-attorney instructed the client’s girlfriend to remove U.S. currency and paperwork from the bathroom of the client’s home and to take ...
Read More »Tort/Negligence Medical Malpractice – Obstetric Emergency Statute – Medical Stability – Immediate Threat – Shoulder Dystocia 
This medical malpractice case arose from the defendant-doctor’s management of a baby’s shoulder being stuck under her mother’s pubic bone during delivery, which led to the baby suffering permanent brachial plexus nerve injury to the baby’s right arm. The parties’ ...
Read More »Trusts & Estates Breach of Fiduciary Duty – Trust Protector – First Impression – Subject Matter Jurisdiction 
Although the trust in question gave a trust protector binding authority to resolve disputes like the one that triggered this lawsuit, the trust did not strip the trial court of subject matter jurisdiction. We affirm the trial court’s ruling ...
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