Justia Maryland Supreme Court Opinion Summaries

Articles Posted in September, 2013
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Plaintiff worked for the Association of Maryland Pilots as a launch boat operator. Plaintiff was later promoted to assistant station manager. In 2008, Plaintiff was diagnosed with silicosis. Plaintiff sued the Association pursuant to the Jones Act, alleging negligence in regard to injuries he suffered from exposure to free silica during his employment. Whether Plaintiff's claim was properly made under the Jones Act depended on whether Plaintiff was a "seaman" at the time of the alleged negligence. To distinguish seamen from land-based workers, the U.S. Supreme Court has held that a seaman must ordinarily have spent at least thirty percent of work time in service of a vessel in navigation. The lower courts concluded Plaintiff was not a seaman at the time of his injury and therefore granted summary judgment for the Association. The Court of Appeals affirmed, holding that Plaintiff did not spend at least thirty percent of his work time performing sea-based duties, and therefore, Plaintiff was not a seaman for purposes of the Jones Act. View "Dize v. Ass'n of Md. Pilots" on Justia Law

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Stillwell, admitted to the Maryland Bar in 1989, met the complainant, Akojie, a Maryland licensed real estate agent, in 2009 at a seminar he presented. In 2010 the two entered into a legal services agreement that involved formation of an LLC and transfer of assets from another business. Akojie gave Stillwell a personal check for $2,000, payable to him; Stillwell deposited the check in his personal checking account, rather than in his attorney trust account. Stillwell did not have an active attorney trust account. Stillwell’s communication with Akojie and work on the matters for which he was retained were “sporadic.” Akojie expressed her frustration with attempting to reach him and terminated the representation and requested a refund. He did not provide a refund until after he received notification of Akojie’s grievance. The Attorney Grievance Commission filed a petition for disciplinary or remedial action alleging violations of the Maryland Rules of Professional Conduct: 1.3, Diligence, 1.4, Communication, 1.15. The Maryland Supreme Court imposed a sanction of indefinite suspension fro the practice of law. View "Attorney Grievance v. Stillwell" on Justia Law