Recent changes
Mayor & City Cncl. of Ocean City v. Washington Post - Public Records
The Maryland Court of Special Appeals issued an opinion clarifying that Anton's Law (2021 amendments to GP §§ 4-311 and 4-351) removed police misconduct investigation records from the MPIA's personnel records exemption. Records relating to administrative or criminal investigations of police misconduct—including internal affairs records, hearing records, and disciplinary decisions—are now subject to discretionary denials under GP § 4-351 rather than mandatory denials.
State v. Robb - Postconviction Waiver of Errors
The Maryland Court of Special Appeals issued an opinion in State v. Robb (No. 837, Sept. Term 2024) addressing postconviction waiver under Criminal Procedure Article § 7-106(b). The court clarified that rights subject to the knowing and voluntary waiver standard articulated in Johnson v. Zerbst may be forfeited if not raised at trial or on direct appeal. The opinion addresses the rebuttable presumption of intelligent waiver when a defendant could have but failed to raise an allegation of error in prior proceedings.
Royall v. Dicks - Defamation Per Se (Sexual Orientation)
The Maryland Court of Special Appeals held in Royall v. Dicks (No. 0597, Sept. Term, 2024) that false statements about a person's sexual orientation are not defamatory per se under Maryland law. The court clarified that Wetherby v. Retail Credit Co. (1964) did not establish precedent on this question since the parties had stipulated the statements were libelous per se. The ruling acknowledges that evolving legal and cultural standards—including anti-discrimination protections—have changed how such statements affect reputational harm.
Estate of Duraiswamy - Common-Law Marriage Claim Affirmed
The Court of Special Appeals of Maryland affirmed the orphans' court decision finding no common-law marriage existed between the decedent and the petitioner. The appellate court held the trial court did not abuse its discretion by reopening evidence to permit a previously unidentified party to submit exhibits, and that the personal representative of an opposing estate was prohibited from testifying under the Dead Man's Statute (Md. Code Cts. & Jud. Proc. § 9-116) due to a pecuniary interest in the outcome.
Vidal v. Venettozzi - Prison Disciplinary Due Process
The Second Circuit vacated summary judgment for New York DOCCS officials in Vidal v. Venettozzi, holding that 180-270 days of special housing unit confinement constitutes an atypical and significant hardship triggering Fourteenth Amendment due process protections. The court found that the duration alone was sufficient to implicate a protected liberty interest under Sandin v. Conner, disagreeing with the district court's conclusion. The case was remanded for further proceedings.
Waldman v. Palestine Liberation Org. - Motion Denied
The Second Circuit denied a motion in Waldman v. Palestine Liberation Org., a consolidated civil case where American families seek damages against the PLO and Palestinian Authority for terrorist attacks. The appellate court issued its decision on March 30, 2026, resolving procedural matters in the ongoing litigation spanning multiple docket numbers.
Ramsay v. Bondi - Immigration Motion to Reopen
The Second Circuit granted John Marcus Ramsay's petition challenging the BIA's denial of his motion to reopen removal proceedings, remanding for further consideration. The court found the BIA misread Ramsay's arguments regarding equitable tolling of filing deadlines. Ramsay, a US Navy veteran, sought reopening after the court held in United States v. Minter that the statute underlying his 2006 removal order was categorically overbroad.
Petersen Energía v. Argentina - Shareholder Expropriation Claims
The Second Circuit issued a decision in Petersen Energía v. Argentina, affirming in part and reversing in part a $16.1 billion damages award to minority shareholders of Argentine oil and gas company YPF S.A. The court held that shareholders' breach of contract claims against Argentina and YPF are not cognizable under Argentine law, reversing that portion of the damages award.
Rivera-Perez v. Stover - First Step Act Time Credits
The Second Circuit vacated the district court's judgment in Rivera-Perez v. Stover, holding that First Step Act earned-time credits under Section 3632(d)(4)(C) cannot be used to reduce a prisoner's term of supervised release. The court concluded the petition was moot once the petitioner was transferred to a residential reentry center, reversing the district court's interpretation that FSA credits must be applied to supervised release.
Pension fund trustees win appeal against Ocwen
Pension fund trustees win appeal against Ocwen
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