Baltimore, MD (PRWEB) July 02, 2012
The Court of Appeals of Maryland unanimously ruled, in the case of Angelia M. Anderson v. United States of America, in favor of Warnken, LLC’s client, Angelia Anderson. Maryland’s top court held that the controversial statute at issue (Cts. & Jud. Proc. § 5-109(a)(1)) is a statute of limitations and not a statute of repose. Prior to this case, the Maryland law was unclear on whether the statute was one of repose or one of limitations. In the Anderson case, a ruling that section 5-109(a)(1) is a statute of repose would have been fatal to the case. The favorable ruling permits Ms. Anderson’s medical malpractice case to move forward.
Anderson originally filed a medical malpractice claim against the federal government. The Department of Justice filed a motion to dismiss, arguing that section 5-109(a)(1) was a statute of repose and that Anderson had not complied. The federal trial court agreed with the DOJ and dismissed the case. Anderson appealed to the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. Warnken, LLC urged the Fourth Circuit to certify the question of law to the Maryland’s highest court to decide Maryland law. The DOJ argued that the case should remain in the Fourth Circuit.
The first of two “wins” came when the Fourth Circuit agreed with Warnken, LLC and, in a 28-page opinion, and sent the case to Maryland to answer the question. The second of two “wins” came when the Court of Appeals of Maryland unanimously agreed with Warnken, LLC’s interpretation of the statute, in its 30-page opinion.
Warnken, LLC strongly believes that the decision of Maryland’s highest court is legally correct. The Firm also believes that the decision prevented a miscarriage of justice. The medical malpractice claim, of a severely harmed individual, can now move forward.
Warnken, LLC’s senior attorney is Professor Byron L. Warnken. He is best known for 35 years as a law professor at the University of Baltimore School of Law. Many people in the legal community also know him for his reputation and expertise as a Maryland appeals lawyer. He has handled 250 appeals at all levels, including the Supreme Court of the United States. Warnken, LLC has handled appeals in all types of cases, including medical malpractice appeals and personal injury appeals.
Case Cite: Angelia M. Anderson v. United States of America, Misc. No. 14, September Term, 2011. A certified question from the Fourth Circuit Court of Appeals to Maryland's Court of Appeals of Maryland. United States Court of Appeals for the Fourth Circuit
Case No. 10-1597