On May 5, 2009, James Benjamin argued the case of  Zi’Tashia Jackson, et al. v. The Dackman Company, et al before the Court of Appeals. The primary legal issues before the Court were (1) whether Maryland’s Reduction of Lead Risk in Housing Act, Md. Code Ann., Env’t §6-801 et seq. (2008), is constitutional, (2) what constitutes effective renewal under the Act (the date on which registration renewals are mailed to Maryland’s Department of Environment or the date on which the renewals are received by MDE) and whether a property owner, who fell out of compliance but returned to full compliance, is once again afforded qualified immunity under the Statute.   James argued that the Act is constitutional and that if a property owner was out of compliance, but returned to full compliance, he or she would be afforded immunity from suit for any injury that occurred during the period of full compliance. The Court’s decision is currently pending.
James R. Benjamin, Jr. Argues Before The Court Of Appeals
