5 results for 'judge:"Leahy"'.
J. Leahy finds the lower court properly determined an administrator, who is also the son of a shipping supply company owner, left the company, taking many of the company’s employees with him to start a competing company. The lower court properly found the employees in breach of contract, as they violated the terms of the non-compete agreement with the supply company, and found that many of the company’s documents were taken, including client lists and proprietary information. However, the lower court erred in accepting the supply company’s calculation of damages, as they were not properly compiled, and also erred in finding the employee’s actions were malicious. The matter is remanded for a re-assessment and calculation of damages. Affirmed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: December 22, 2023, Case #: 421, Categories: Antitrust, Trade Secrets, Contract
J. Leahy finds the lower court properly determined an administrator, who is also the son of a shipping supply company owner, left the company, taking many of the company’s employees with him to start a competing company. The lower court properly found the employees in breach of contract, as they violated the terms of the non-compete agreement with the supply company, and found that many of the company’s documents were taken, including client lists and proprietary information. However, the lower court erred in accepting the supply company’s calculation of damages, as they were not properly compiled, and also erred in finding the employee’s actions were malicious. The matter is remanded for a re-assessment and calculation of damages. Affirmed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: December 22, 2023, Case #: 421, Categories: Antitrust, Trade Secrets, Contract
J. Leahy disagrees with the lower court’s decision to award a husband a frozen pre-embryo in order for him to have it destroyed against his wife’s wishes after they decided to divorce. The couple, while married, made an oral agreement that “no matter what,” they would give all of three pre-embryos a chance at life as part of an IVF process. The first ended in a miscarriage, while the second resulted in the birth of a healthy baby. Not long after, the couple split up, leaving the third pre-embryo as yet unused. The husband preferred to have it destroyed because, he argued, the agreement should have a stipulation that they only use it if they are married. However, this stipulation was never part of the oral agreement, so the wife will be able to use the pre-embryo to attempt pregnancy again. Reversed and remanded.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: September 6, 2023, Case #: 03-C-17-007803, Categories: Family Law, Contract
J. Leahy finds that the lower court erred when it denied a woman's extramarital romantic partner his request to provide criminal pattern jury instruction concerning the voluntariness of his statements to law enforcement. This comes after the second jury trial for the partner in which he was convicted of second degree murder of the woman's husband. However, the lower court did not violate the partner's double jeopardy rights when it entered evidence of premeditation and conspiracy because the same evidence was used for the murder conviction, and that evidence was sufficient for that conviction. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: June 29, 2023, Case #: 12-77-06-C, Categories: Criminal Procedure, Murder, Jury Instructions