Legal Opinion · Concurring in part, dissenting in part

Forster v. State

Court of Appeals of Maryland

Decided May 22, 2012No. 92Published

1Concurring in part, dissenting in part

ADKINS, J.,

concurring and dissenting, in which BATTAGLIA, J., joins.

I concur with the Majority’s judgment, in the sense that I agree Nancy S. Forster should not prevail in her appeal, but I disagree that her appeal should be dismissed on grounds she failed to exhaust administrative remedies. I would affirm the Circuit Court on the grounds used in its decision — that Forster has not stated a claim for wrongful discharge.

Although the Majority devotes much attention to Forster’s notice argument, it gives short shrift to her statutory interpretation argument. Forster contends that Maryland Code…

2Cases cited42 opinions

  1. Tumey v. OhioSupreme Court of the United States · 1927
  2. Bowsher v. SynarSupreme Court of the United States · 1986
  3. Ward v. Village of MonroevilleSupreme Court of the United States · 1972
  4. Keene Corp. v. United StatesSupreme Court of the United States · 1993
  5. Palmateer v. International Harvester Co.Illinois Supreme Court · 1981

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