D'AOUST v. Diamond

I dissent, for at least two reasons. Principally, I agree with the reasoning and result reached by the Court of Special Appeals, as explained in Judge Matricianni’s reported opinion, D’Aoust v. Diamond, 197 Md.App. 195, 13 A.3d 43 (2010). Second, the Majority Opinion here raises the question (on the Court’s initiative) and decides that qualified public official immunity also is unavailable as a defense by the trustees (or derivatively by their law firm), a question which the Majority opinion all but concedes was not briefed or argued by the parties below (or here) and certainly was not…