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D. Md.: Upholding Maryland's ban on Discretionary Language

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  • D. Md.: Upholding Maryland's ban on Discretionary Language

    In a very plaintiff friendly case out of Maryland, the district court upholds the state's ban on discretionary language. The court begins its analysis of "abuse of discretion" v. "de novo" with:

    Although the United States Court of Appeals for the Fourth Circuit has not yet had an opportunity to state its position on state statutes such as Maryland's Section 12-211, other appellate courts that have entertained the question have found them effective.
    The court concludes its analysis with:
    After reviewing all of the parties' arguments and the Evidentiary Record, this Court concludes that it is unable to resolve whether or not Ms. Mantica has met her burden without making factual findings and credibility determinations. Accordingly, this Court concludes that it must resolve this case sitting as a finder of fact at a bench trial. This Court will limit its review to the contents of the Evidentiary Record, supplemented with limited testimony to include Ms. Mantica, an expert selected by Ms. Mantica, one Unum corporate representative, and one expert that Unum selects to testify. The parties shall be directed to contact chambers to promptly set in dates and deadlines for a bench trial.
    The full opinion is attached below.
    Attached Files