Lynne A. Battaglia
Encyclopedia
Lynne Ann Battaglia is an American
lawyer and jurist from Howard County, Maryland
. Battaglia was born in Silver Creek, New York
. She earned a J.D.
degree from the University of Maryland School of Law
in 1974 and was admitted to the bar that same year. Appointed by governor Parris Glendening
, since 2001 she has been an associate judge on the Maryland Court of Appeals
, the state's highest appellate court. Formerly, she served as United States Attorney for the District of Maryland and as Chief of Staff to Senator Barbara A. Mikulski. Judge Battaglia chairs the Maryland Professionalism Commission, the Women Lawyers in Maryland project and is an associate professor at the University of Maryland and the University of Baltimore School of Law
.
Notable Opinions:
McQuitty v. Spangler, 2009 Md. LEXIS 569 (2009) (informed consent and medical malpractice are distinct theories of negligence and an affirmative physical invasion is not a threshold requirement of an informed consent claim), available at http://mdcourts.gov/opinions/coa/2009/137a08.pdf.
Blackwell v. Wyeth, 408 Md. 575 (2009) (when a novel scientific theory is postulated (that thimerosal in vaccines causes autism), the Frye-Reed general acceptance test applies to each phase of the scientific method; also, when an expert posits a complicated, novel scientific theory, the expert's credentials are subject to closer scrutiny as to whether the area of expertise is appropriate/relevant to the proffered theory), available at http://mdcourts.gov/opinions/coa/2009/112a08.pdf.
Independent Newspapers v. Brodie, 407 Md. 415 (2009) (recommending a five part test that balances the first amendment right to speak anonymously with right to discover identifying information about individuals who make defamatory remarks on the Internet), available at http://mdcourts.gov/opinions/coa/2009/63a08.pdf.
Anderson v. Gables Condominium, 404 Md. 560 (2008) (holding that provisions of Maryland Condominium Act, generally requiring condominium council of owners to maintain property insurance on "the common elements and units, exclusive of improvements and betterments installed in units by unit owners," and requiring council to repair or replace "[a]ny portion of the condominium damaged or destroyed," do not require a council to insure, against casualty loss, property in an individual condominium unit, or to repair or replace property in an individual condominium unit after a casualty loss.)
State v. Baby, 404 Md. 220 (2008) (a woman can give consent and withdraw it and there can still be rape), available at http://mdcourts.gov/opinions/coa/2008/14a07.pdf.
Khalifa v. Shannon, 404 Md. 107 (2008) (recognizing the tort of interference with custody and visitation rights, when mother fled to Egypt with two children never to return, and noting that loss of services was never an element of the substantive common law tort), available at http://mdcourts.gov/opinions/coa/2008/56a07.pdf.
Dept. of Health and Mental Hygiene v. Kelly, 397 Md. 399 (2007) (holding that Department was not authorized to forcibly medicate patient in the absence of a finding that patient was a danger to himself or others while confined at the facility.)
Clemons v. State, 392 Md. 339 (2007) (holding that conclusory aspects of the comparative bullet lead analysis were not generally accepted in the scientific community and thus, not admissible).
Rite Aid v. Levy-Gray, 391 Md. 608 (2006) (dealing with notice in products liability suit)
Newman v. State, 384 Md. 285 (2004) (Defendant may still assert attorney-client privilege to exclude evidence, even when attorney ethically disclosed the confidential information to the judge pursuant to Rule 1.6 of the Rules of Professional Conduct).
LeJune v. Coin Acceptors, 381 Md. 288 (2004) (inevitable disclosure doctrine would not be adopted as theory for finding threatened future disclosure of trade secrets)
Hemmings v. Pelham Woods, 375 Md. 522 (2003) (If apartment owner puts up security devices, they must maintain or be liable in tort).
Wholey v. Sears, 370 Md. 38 (2002) (terminating at-will employment on the grounds that the employee, as a victim or witness, gave testimony at an official proceeding or reported a suspected crime to the appropriate law enforcement or judicial officer is wrongful and contrary to public policy) (Whistleblower case).
Notable Dissents:
Conaway v. Deane, 401 Md. 219 (2007) (Maryland Equal Rights Amendment provides for equal protection, making statute prohibiting same-sex marriage
s unconstitutional).
Pringle v. State, 370 Md. 575 (2002) (Majority's holding that the police officers lacked probable cause to arrest the petitioner for possession of cocaine is based primarily upon an erroneous blending of the probable cause standard for an arrest and the sufficiency of evidence standard for a conviction), rev'd 540 U.S. 366 (agreeing with Judge Battaglia and dissent).
Associate Judge of the Maryland Court of Appeals, 3rd Appellate Circuit
Term: 2001–present
Preceded by: Lawrence F. Rodowsky
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and jurist from Howard County, Maryland
Howard County, Maryland
-2010:Whereas according to the 2010 U.S. Census Bureau:*62.2% White*17.5% Black*0.3% Native American*14.4% Asian*0.0% Native Hawaiian or Pacific Islander*3.6% Two or more races*2.0% Other races*5.8% Hispanic or Latino -2000:...
. Battaglia was born in Silver Creek, New York
Silver Creek, New York
- Demographics :At the 2010 census there were 2,656 people, 1,048 households and 718 families residing in the village. The population density was 2,213.3 people per square mile . There were 1,174 housing units, with an average density of 978.3 per square mile...
. She earned a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
degree from the University of Maryland School of Law
University of Maryland School of Law
The University of Maryland Francis King Carey School of Law is the second-oldest law school in the United States by date of establishment and third-oldest by date of first classes. The school is located on the campus of the University of Maryland, Baltimore in Downtown Baltimore's West Side...
in 1974 and was admitted to the bar that same year. Appointed by governor Parris Glendening
Parris Glendening
Parris Nelson Glendening , a member of the United States Democratic Party, was the 59th Governor of Maryland from January 18, 1995 to January 15, 2003...
, since 2001 she has been an associate judge on the Maryland Court of Appeals
Maryland Court of Appeals
The Court of Appeals of Maryland is the supreme court of the U.S. state of Maryland. The court, which is composed of one chief judge and six associate judges, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis...
, the state's highest appellate court. Formerly, she served as United States Attorney for the District of Maryland and as Chief of Staff to Senator Barbara A. Mikulski. Judge Battaglia chairs the Maryland Professionalism Commission, the Women Lawyers in Maryland project and is an associate professor at the University of Maryland and the University of Baltimore School of Law
University of Baltimore School of Law
University of Baltimore School of Law, or UB Law, is one of the three colleges that make up the University of Baltimore, which is part of the University System of Maryland. UB Law is one of only two law schools in the state of Maryland, the other law school being the University of Maryland School...
.
Notable Opinions:
McQuitty v. Spangler, 2009 Md. LEXIS 569 (2009) (informed consent and medical malpractice are distinct theories of negligence and an affirmative physical invasion is not a threshold requirement of an informed consent claim), available at http://mdcourts.gov/opinions/coa/2009/137a08.pdf.
Blackwell v. Wyeth, 408 Md. 575 (2009) (when a novel scientific theory is postulated (that thimerosal in vaccines causes autism), the Frye-Reed general acceptance test applies to each phase of the scientific method; also, when an expert posits a complicated, novel scientific theory, the expert's credentials are subject to closer scrutiny as to whether the area of expertise is appropriate/relevant to the proffered theory), available at http://mdcourts.gov/opinions/coa/2009/112a08.pdf.
Independent Newspapers v. Brodie, 407 Md. 415 (2009) (recommending a five part test that balances the first amendment right to speak anonymously with right to discover identifying information about individuals who make defamatory remarks on the Internet), available at http://mdcourts.gov/opinions/coa/2009/63a08.pdf.
Anderson v. Gables Condominium, 404 Md. 560 (2008) (holding that provisions of Maryland Condominium Act, generally requiring condominium council of owners to maintain property insurance on "the common elements and units, exclusive of improvements and betterments installed in units by unit owners," and requiring council to repair or replace "[a]ny portion of the condominium damaged or destroyed," do not require a council to insure, against casualty loss, property in an individual condominium unit, or to repair or replace property in an individual condominium unit after a casualty loss.)
State v. Baby, 404 Md. 220 (2008) (a woman can give consent and withdraw it and there can still be rape), available at http://mdcourts.gov/opinions/coa/2008/14a07.pdf.
Khalifa v. Shannon, 404 Md. 107 (2008) (recognizing the tort of interference with custody and visitation rights, when mother fled to Egypt with two children never to return, and noting that loss of services was never an element of the substantive common law tort), available at http://mdcourts.gov/opinions/coa/2008/56a07.pdf.
Dept. of Health and Mental Hygiene v. Kelly, 397 Md. 399 (2007) (holding that Department was not authorized to forcibly medicate patient in the absence of a finding that patient was a danger to himself or others while confined at the facility.)
Clemons v. State, 392 Md. 339 (2007) (holding that conclusory aspects of the comparative bullet lead analysis were not generally accepted in the scientific community and thus, not admissible).
Rite Aid v. Levy-Gray, 391 Md. 608 (2006) (dealing with notice in products liability suit)
Newman v. State, 384 Md. 285 (2004) (Defendant may still assert attorney-client privilege to exclude evidence, even when attorney ethically disclosed the confidential information to the judge pursuant to Rule 1.6 of the Rules of Professional Conduct).
LeJune v. Coin Acceptors, 381 Md. 288 (2004) (inevitable disclosure doctrine would not be adopted as theory for finding threatened future disclosure of trade secrets)
Hemmings v. Pelham Woods, 375 Md. 522 (2003) (If apartment owner puts up security devices, they must maintain or be liable in tort).
Wholey v. Sears, 370 Md. 38 (2002) (terminating at-will employment on the grounds that the employee, as a victim or witness, gave testimony at an official proceeding or reported a suspected crime to the appropriate law enforcement or judicial officer is wrongful and contrary to public policy) (Whistleblower case).
Notable Dissents:
Conaway v. Deane, 401 Md. 219 (2007) (Maryland Equal Rights Amendment provides for equal protection, making statute prohibiting same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s unconstitutional).
Pringle v. State, 370 Md. 575 (2002) (Majority's holding that the police officers lacked probable cause to arrest the petitioner for possession of cocaine is based primarily upon an erroneous blending of the probable cause standard for an arrest and the sufficiency of evidence standard for a conviction), rev'd 540 U.S. 366 (agreeing with Judge Battaglia and dissent).
Associate Judge of the Maryland Court of Appeals, 3rd Appellate Circuit
Term: 2001–present
Preceded by: Lawrence F. Rodowsky