This is your incredible story of the day and maybe the week:
Anne Arundel County Judge Thomas V. Miller III
The Baltimore Examiner has an interesting commentary on the appointment of newly appointed Anne Arundel County District Court Judge Thomas V. Miller III, who is the son of Senate President Thomas V. Mike Miller, Jr. The author’s question is essentially asking is whether “blatant nepotism” is a good thing. Isn’t it great to set up a straw man like that? How do you lose the argument when it is framed that way?
“I think he probably will be a good judge, but the appearances just don’t look right,” Harris said. Dr. Harris expressed his strong view by not voting. Brave. Reportedly, he was originally planning to express his opposition by shooting Mike Miller a sideways glare but chickened out.
Okay, I’m obviously making that up, but you get the point. The author is a Republican trying to make a point. The Republican hero of the article was Andy Harris, who did not even vote on Judge Miller’s confirmation. If Judge Miller’s qualifications were legitimately at issue, what would that say about the Republicans in the state senate who unanimously approved him?
Do I Need an Expert? Maryland Law Update
A divided Maryland Court of Appeals took away a Baltimore County jury verdict against Bank of America on Thursday in a case relevant to personal injury lawyers to the extent that it underscores when expert testimony may be needed at trial.
This case appears to be the classic “money-grubber woman takes advantage of an old man” story. BOA allowed said money-grubber to add her name on to the man’s account. After his death, his son looked at the bank statements and brought a claim on behalf of the Estate against BOA for breach of contract and negligence for allowing the woman to be added onto the account in the first place.
The jury bought it, awarding $23,475 on the breach of contract claim and $7,600 on the negligence claim. The Maryland Court of Special Appeals reversed, finding that expert testimony was necessary to establish BOA’s standard of care when adding an individual’s name to a bank account.
Summary Judgment Appellate Opinion
The Maryland Court of Special Appeals decided this week in Benway v. Maryland Port Administration where a pro se Plaintiff raised an interesting yet still useless question: Is it an error to rule on a summary judgment motion filed after the scheduling order deadline?
The question is interesting because the current version of Maryland Rule 2-501 does not contain the phrase, “file at any time,” because amendments to the Rule in 2004 took the language out in light of the nearly universal use of scheduling orders. But, the question is ultimately just an academic exercise because if you win on “the motion was filed late” argument, you are still going to lose a directed verdict because the evidence never comes out better than “most favorable to the Plaintiff.” So Plaintiff’s winning this motion is only a temporary stay of execution.
New Maryland Court of Appeals Decision and Pain and Suffering Damages
The Maryland Court of Appeals unanimously affirmed a jury award against the Baltimore City Police Department in Houghton v. Forrest on Friday. Here were the facts:
Houghton observed a drug sale on North Eutaw Street in Baltimore City through a security camera feed. Three persons participated in the sale: the drug dealer, a male purchaser, and an alleged female purchaser who was wearing a white shirt or coat. As the transaction was being completed, Houghton contacted an arresting team, comprising Officer Timothy Williams and another officer, and instructed them to arrest the participants in the sale. The arresting team took the dealer and the male purchaser into custody, finding drugs on each of them, but the alleged female purchaser had left the scene. Houghton then witnessed, through the video feed, the alleged female purchaser embrace a second woman nearby. Houghton assumed that the embrace concealed the transfer or sale of drugs from the female purchaser to the second woman. This second woman was wearing a black jacket, dark jeans, and carrying a red umbrella. Houghton moved the camera back to the arrest, and in doing so, lost sight of the second woman.
After monitoring the arrest, Houghton scanned the area for the female purchaser and the second woman. The female purchaser was no longer in view, but Houghton could see someone whom he believed to be the second woman. In fact, the person in Houghton’s view was Forrest, who was standing some distance away at a nearby bus stop. Forrest was wearing different colored pants and jacket than the second woman, though both were carrying red umbrellas. Houghton instructed Williams to arrest Forrest. Williams approached Forrest, and asked if she had “anything illegal” on her person; Forrest said she did not, and consented to a search of her person. The search revealed no contraband, but Houghton nonetheless instructed Williams to arrest Forrest. Williams suggested that Houghton review the video footage to make certain that Forrest was indeed the second woman. Houghton did not do so, but nonetheless confirmed that Forrest was to be arrested. Williams handcuffed and arrested Forrest, over Forrest’s protests, and placed her with the other arrestees. Forrest testified at trial that she overheard Williams discussing the possibility that he may have arrested the wrong person, and that Williams was instructed to take her into custody nonetheless. Forrest was moved to Central Booking, though she was not summoned to court and charges against her were eventually dismissed.
Tire Deflating Judge
The Maryland Daily Record reports today that an “extremely remorseful” circuit judge in Charles County would accept a public reprimand for deflating the tire of a woman improperly parked in a restricted area of the Charles County Courthouse, according to documents filed by his attorney with the Maryland Commission on Judicial Disabilities. The judge pleaded guilty last October to vehicle tampering, a misdemeanor. The judge paid a $500 fine and was ordered by Judge Robert C. Wilcox to “write a heartfelt letter of apology” to the tire deflator.
At this point, it seems like we are burning unnecessary tax dollars on further proceedings. The judge was thoroughly embarrassed and either (1) feels legitimate remorse and realizes he did the wrong thing or, (2) feels in his heart he did nothing wrong and that woman had it coming (which is obviously how he felt in the long moment that he had to make the decision). But, either way, and we will never know which, no one is suggesting is a removable offense. And he has already paid the price of national publicity. So let’s hope it is the former and move on.
Ralph Tyler
Maryland Insurance Commissioner Ralph S. Tyler is stepping down early next year to become general counsel at the U.S. Food and Drug Administration. That is a big-time job.
Ralph has never turned down an invitation to speak at my insurance law class, and he just seems like a good guy. I have disagreed with some decisions that came from his office, but I think losing him is a blow to the Maryland Insurance Administration, both from the perspective of insurance companies and consumers/injury victims. This is probably the best compliment you can give an insurance commissioner.
Dodgeball Lawsuit
Deadspin has posted about a boy who has filed a lawsuit over injuries suffered while on the bleachers of a dodgeball middle school.
Apparently, the boy was in a car accident and had dental work done. The ball broke his new bridgework.
First, I think Deadspin completely screws up by naming the boy. I cannot imagine what the point would be.
Can You Get a Real Job Going to an Average Law School?
The American Lawyer has an article on whether a “cheap” law school can help you land a big firm job.
I really don’t think it matters where you go to law school. It is absolutely true better law schools statistically produce better lawyers. People at lower-ranked law schools argue this point all the time, but it is silly to suggest that Timbuktu Law School graduates are as successful as those from Harvard. But if you take those same Harvard law students and put them at Timbuktu, eventually the difference in success with Harvard law students would be negligible. It will be, however, harder for those same students to get a job at the beginning of their careers.
One thing I’m sure of is that law school students are stressed these days about their job prospects. They are awful. The good news is that in the long run of history, everything will work out. I remember classmates of mine that were waiting on tables after they passed the bar because they could not find a job. Some of those same lawyers are among the most successful lawyers in my class. If you are a lawyer that can’t find a job, you have to get some solace from this.
Brainwashed Associate
I think this guy is completely insane. I think you want associates that are completely dedicated to your firm. I just don’t think the best associates are Patty Hearst brainwashed. But the article is full of the great advice you could not think up on your own. “Associates should always strive to provide the partner with perfect work.” Groundbreaking stuff.
This blogger agrees with me. Yet I really don’t agree with his post, either.
There’s less risk involved in not sticking to the conventional MO at the firm. After all, it’s unlikely you will last long there. It’s even more unlikely you will become partner. What is likely if you are a shrewd player is that you will learn about practicing law and career strategy/tactics to make it just about anywhere in law. That could range from a solo practice to a top government position.