Semmes Law Updates

Semmes offers Law Updates for information-purposes only. Semmes assumes no responsibility for the accuracy or timeliness of any information provided herein. The information may not apply to your unique situation, and is not intended to be used as a basis for any particular course of action or as a substitute for legal advice.

Sovereign Immunity is Defense to Copyright Infringement

North Carolina appeals denial of motion to dismiss copyright infringement claims The Fourth Circuit found that the defense of sovereign immunity was applicable because the complaint against North Carolina contained insufficient evidence to establish that the state had expressly consented to suit in federal court.

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Bank Statements are not Hearsay

Defendant objected to the admissibility of bank statements and video surveillance of an ATM on the grounds that this evidence was hearsay and lacked the requisite authentication. In ruling that both pieces of evidence are admissible, the Court of Appeals provides a thorough discussion of the scope of the Maryland Rules of Evidence.

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Court has Broad Jurisdiction over Attorney Discipline

The Maryland Court of Appeals reverses the Circuit Court for Anne Arundel County, finding that it lacked jurisdiction over attorney disciplinary proceeding. The opinion emphasizes the Maryland Court of Appeals’ exclusive jurisdiction over attorney disciplinary matters.

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Subsequent Accidents in Light of Labonte

In Elec. Gen. Corp v. Labonte, the Court of Appeals held that a subsequent intervening event occurring outside of Claimant’s employment does not preclude liability of the Employer for worsening of prior workplace injury.

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