E-Alert Case Updates

The case summaries are provided as courtesy of Semmes, Bowen & Semmes and the Maryland Defense Counsel. The case summaries are offered for information-purposes only. Semmes, Bowen & Semmes and the Maryland Defense Counsel assume no responsibility for the accuracy or timeliness of any information provided herein. The information may not apply to your unique situation, and is not intended to be used as a basis for any particular course of action or as a substitute for legal advice. Reproduction of the case summaries is not authorized.

December 2012

 

• Kalos v. Centennial Surety Associates, Inc.
  Civil Action No. CCB-12-1532 (D.Md. December 12, 2012) Federal Court Dismisses Case for Res Judicata and Awards Sanctions
• Robertson v. Iuliano
  CA No.: RDB-10-1319 (U.S. Dist. Court for the District of Maryland, December 10, 2012) Professional Associations and Hospitals Are Not Proper Subjects of Informed Consent Lawsuits, Absent Special Circumstances
• Waterkeeper Alliance, Inc. v. Hudson
  No. 10-487 (D. Md. Dec. 20, 2012) United States District Court Enters Judgment against Environmental Group, and in favor of Poultry Farm
• Address v. Millstone
  No. 2486 (Md. App. Nov. 21, 2012) Maryland Intermediate Appellate Court finds that Plaintiff lacked Standing to Pursue Claims in Connection with Lief Insurance Policies Owned Wholly by an Irrevocable Life Insurance Trust
• Branch Banking & Trust Company v. Fishing Vessel TOPLESSS
  Civil Action No. ELH-12-2364 (D.Md. November 29, 2012) Court Permits Interlocutory Sale of Vessel
• Mary Rose Greene v. District of Columbia
  Case No.: 11-CV-1626 (District of Columbia Court of Appeals, December 6, 2012) Landowner Failed to Present Sufficient Evidence of Unity to Place Issue of Separation Damages Before the Jury
• Advance Dental Care, Inc. v. SunTrust Bank
  CA No.: 10-cv-01286-AW (U.S. Dist. Court for the District of Maryland, November 30, 2012) Discovery Rule Does Not Apply to Maryland UCC Conversion Claims
• Antonia Rota-McLarty v. Santander Consumer USA, Inc.
  No. 11-1597, (U.S. Court of Appeals for the Fourth Circuit, November 28, 2012) Defendant Did Not Lose Right to Arbitrate Dispute by Delay Under the Federal Arbitration Act
• Spence v. Julian
  Nos. 118 & 119 (Md. Nov. 27, 2012) A Non-Settling Defendant has the Discretion to File a Cross-Claim or a Contribution Action Against a Settled Defendant Post-Trial
• Charter Oak Fire Ins. Co. v. Marlow Liquors, LLC
  United States District Court for the District of Maryland, No. JKS 09–1894 (D. Md. Nov. 6, 2012) Proof and Prejudice: Maryland District Court Finds Spoliation of Potentially Relevant Evidence was not Sufficiently Prejudicial to Warrant Dismissal of Claims
• Roberto Campusano v. Lusitano Construction, LLC
  No. 1529 (Md. Ct. Spec. App. November 21, 2012) Managers are not Employers for Purposes of the Maryland Wage Payment and Collection Law
• Snider International Corp. v. Town of Forest Heights
  No. 12-1248 (D.Md. Nov. 29, 2012) United States District Court Finds that Speeding Citations Issued to Plaintiffs Caught on Speed Cameras do not Infringe Upon the Fourteenth Amendment’s Due Process Clause

November 2012

 

• Margaret Aaron v. Kroger Limited Partnership I
  United States Court of Appeals for the Fourth Circuit, No. 12-1809 (November 13, 2012) Fourth Circuit Affirms District Court Decision in Favor of Kroger Supermarket Arising From Elderly Woman’s Slip-and-Fall Accident
• Hara v. Hardcore Choppers
  CA No.: 12-1062 (RMC) (U.S. Dist. Court for the District of Columbia, November 14, 2012) Forum Selection Clause on Boiler-Plate Work Order Form Is Upheld Resulting in Transfer of Case
• Metro. Reg’l Info. Sys, Inc. v. Am. Home Realty Network, Inc.
  No. 12-cv-00954 (D. Md. Nov. 13, 2012) District Court Modifies Preliminary Injunction in Copyright Infringement Action
• Abimbola v. Clinton, et al.
  United States District Court for the District of Maryland, Civ. No.: ELJ-11-3677 (D. Md. Nov. 6, 2012) Native Born Son of a Possible Diplomat May Gain Citizenship
• United States v. Wilson
  No. 11-1821 (4th Cir. Nov. 8, 2012) Fourth Circuit Court of Appeals holds that Time Limit for Statutory Time Limit for the Government to File Forfeiture Claim was Procedural, rather than a Limitation on the Court’s Subject Matter Jurisdiction
• Weitzman v. DrugLogic, Inc.
  No. 12-01961 (D. Md. Oct. 25, 2012) United States District Court finds that Plaintiff Attorney did not Sign Release of Claims Provision in Employment Contract under Duress
• Bianca Ellis v. Louisiana-Pacific Corp.
  United States Court of Appeals for the Fourth Circuit, No. 11-2319 (November 2, 2012) Fourth Circuit Applies North Carolina Law to Affirm District Court’s Dismissal of Putative Class Action Lawsuit Against Trimboard Manufacturer
• J&J Sports Productions, Inc. v. Maryland Food & Entertainment, LLC
  No. 11-3344 (D. Md. Oct. 24, 2012) Maryland District Court Dismisses Plaintiff’s Claims under the Cable Act for Failing to meet the Twombly/Iqbal Standard
• Veronica Tinsley v. Washington Metropolitan Area Transit Authority No. 1, September Term
  Kim Hodge v. Washington Metropolitan Area Transit Authority No. 25, September Term
  (Court of Appeals of Maryland, October 26, 2012) Maryland Court of Appeals Holds WMATA Entitled to Statutory Immunity for its Maintenance Decisions in Companion Cases
• Auto-Owners Ins. Co. v. Madison at Park West Property Owners Ass'n, Inc.
  United States Court of Appeals for the Fourth Circuit, No. 11–1848 Fourth Circuit Dismisses Appeal for Lack of Jurisdiction Where District Court Assumed, Without Deciding, a Key Condition of Coverage Under Relevant Insurance Policies
• Citizens Against Slots At The Mall v. PPE Casino Resorts Maryland, LLC
  No. 154 (Md. October 24, 2012) Maryland Court of Appeals Authorizes a Referendum for Slot Machines in Maryland
• Rheubottom v. Washington Metropolitan Area Transit Authority
  United States District Court for the District of Maryland, No. PJM 09-485 Maryland District Court Finds Insufficient Evidence That “Bumping” of WMATA Metro Door by Train Operator was Cause of Injury to Passenger’s Hand on Exit
• Betskoff v. Bank of America
  United States District Court for the District of Maryland, No. CCB-12-1998 Maryland District Court Dismisses All Claims Against Bank That Unknowingly Offset Company Debt by Removing Private Funds From Company Account
• Glynne v. WilMed Healthcare
  No. 11-1859 (4th Cir. Oct. 18, 2012) Fourth Circuit Court of Appeals Vacates District Court Order Retroactively Extending Limitations Period on Plaintiff’s State Law Claims
• Mahaffey v. Marriott International, Inc.
  CA No.: 11-995 (RC) (U.S. Dist. Court for the District of Columbia, October 11, 2012) Plaintiff’s Motion for Sanctions on Spoliation of Evidence Grounds Is Denied

October 2012

 

• Hastings v. PNC Bank, NA
  No. 109 (Md. Sept. 27, 2012) Maryland Court of Appeals Finds that a Bank, acting as a Trustee, could Hold Disbursement of Trust Funds Contingent upon its Beneficiaries Signing a Broad Liability Release and Indemnification Agreement
• Primoff v. Warfield
  No. 11-1988 (4th Cir. Oct. 11, 2012) Fourth Circuit Court of Appeals Vacates Jury Verdict for Plaintiffs’ Failure to Demonstrate Foreseeable Damages in Real Estate Transfer
• Striegel, et al. v. Gibson’s G LLC, et al.
  United States District Court for the District of Maryland, Civ. No.: JKB-12-1919 (D. Md. October 10, 2012) Court’s Sua Sponte Review of Removal Results in Remand
• Ronald K. Hart v. Broadway Services, Inc.
  Civil Action No. RDB-11-2261 (D. Md. September 27, 2012) Intoxicated Employee Failed to Support an Employment Discrimination Claim
• Saravia v. De Yue Chen
  United States District Court for the District of Maryland, No. WGC-10-832 Maryland District Court Finds Last Clear Chance Inapplicable Where Pedestrian’s Contributory Negligence was Concurrent with Motorist’s Negligence in Fatal Accident
• The Sperling Law Office, P.C. v. Catherine Anderson, et al.
  Case No.: GLR-11-2905 (U.S. District Court for District of Maryland, August 10, 2012) Federal District Court without Jurisdiction to Decide Case Involving Medicare Lien Absent Final Administrative Agency Action
• Hughes v. Progressive Direct Insurance Company, Inc.
  United States District Court for the District of Maryland, No. CCB-12-1555 Maryland District Court Holds That Attempt to Settle Insurance Claim Before Trial Sufficiently Negates “Bad Faith” Claim Against Insurer
• Florence Parker v. Allentown, Inc.
  United States District Court for the District of Maryland, Case No. PWG-11-0569 Maryland District Court Denies Manufacturer’s Motion for Summary Judgment in Products Liability Case Involving Allegedly Defective Animal Rack
• Dawn Stanley v. Central Garden and Pet Corp. and T.F.H. Publications, Inc.
  United States District Court for the District of Maryland, Case No. CCB–11–2401 Maryland District Court Dismisses Pet Owner’s Failure-to-Warn and Breach of Express Warranty Claims Against Nylabone Chew Toy Manufacturer
• Buckley v. Brethren Mut. Ins. Co.
  No. 1855 (Md. App. Sept. 26, 2012) Maryland Intermediate Appellate Court Finds that an Executed Release between an Auto Accident Victim and the Responsible Party’s Insurer cannot Bar the Victim’s Claim for Benefits against its own Insurer
• Michael, LLC v. 8204 Assocs., LLC
  No. 1601 (Md. App. Sept. 26, 2012) Maryland Intermediate Appellate Court holds that Contractor developing Servient Estate had Standing to sue Owner of Dominant Estate to Easement, though the Easement was conveyed by the Local Municipality
• S&S Oil, Inc. v. Elaine W. Jackson
  Court of Appeals of Maryland, No. 122 Maryland Court of Appeals Holds That Assumption of the Risk and Contributory Negligence are Separate Considerations for Jury

September 2012

 

• Maryland State Bar Association, Inc.
  Ethics Opinion 2012-03 Requiring Plaintiff’s Attorney to Sign Settlement Agreement Purporting to Indemnify and Hold Harmless Defendant and Carrier Against Medical Liens is Unethical
• Smith v. Palin
  United States District Court for the District of Maryland, Civil No. 12-1776 (D. Md. September 11, 2012) United States District Court Finds that Maryland Health Care Alternative Dispute Resolution Office is Given Broad Discretion in Granting Filing Extensions for Expert Certification
• Stacy Zimmerman v. Novartis Pharmaceuticals Corporation
  United States District Court for the District of Maryland, No. RWT 08cv2089 Maryland District Court Applies New Jersey Law to Deny Punitive Damages Claim against Pharmaceutical Drug Manufacturer on Grounds of Obstacle Preemption
• Butler v. S&S Partnership
  Court of Special Appeals of Maryland, No. 214 (August 31, 2012) Maryland Intermediate Appellate Court Holds that Lead Paint Plaintiff Failed to Make a Prima Facie Case of Negligence against Owners of Allegedly Dangerous Premises
• Goss v. Estate of Jennings
  Court of Special Appeals of Maryland, No. 1931 (August 31, 2012) Maryland Intermediate Appellate Court Finds that a Trial Court Appropriately Applied Statutory Cap on Non-Economic Damages Separately in to Two Causes of Action, Rather than in the Aggregate
• Philip Layman v. MET Laboratories, Inc.
  Case No.: 11-3139 (U.S. District Court for District of Maryland, September 12, 2012) Plaintiff’s Complaint Failed to State an Actionable Claim of Retaliation under the Federal False Claims Act
• Ducket v. Riley
  No. 61 (Md. August 29, 2012), Jury Trial Election on Unserved Case Information Report Held Insufficient
• Elzey v. Wal-Mart Assoc., Inc., et al.
  United States District Court for the District of Maryland, Civ. No.: RDB-11-2151 (D. Md. August 28, 2012) Man’s Sexual Discrimination Claim Against Wal-Mart And Sam’s Club Was Dismissed
• Shaffer v. Subsequent Injury Fund
  Court of Special Appeals of Maryland, No. 548 (Md. App. Sept. 4, 2012) A Settlement Agreement With An Employer Does Not Accelerate The Commencement Of The Subsequent Injury Fund’s Weekly Payments
• Tracey v. Solesky
  Court of Appeals of Maryland, No. 53 (Md.) (August 21, 2012) Maryland’s Recent Pit Bull Case Does Not Apply To Cross-Breeds
• Pro-Football, Inc., t/a The Washington Redskin v. Thomas J. Tupa, Jr.
  No. 29 (D. Md. August 22) Former Punter Prevails Against Washington Redskins in Workers’ Compensation Claim
• David Anthony Wiggins v. 11 Kew Garden Court, et. al.
  Case No.: 12-1424 (U.S. Court of Appeals for the Fourth Circuit, District Court of Maryland, August 28, 2012) Plaintiff’s Allegations of Unconstitutional Conspiracy Came within Federal Court Jurisdiction But Failed to State a Claim on Which Relief Could be Granted

August 2012

 

• Attorney Grievance Commission of Maryland v. London
  Misc. Docket AG No. 12 (Court of Appeals of Maryland, July 10, 2012) Failure to Maintain Adequate Records, Coupled with Otherwise Credible Testimony from Complainant, Results in Attorney Disbarment
• The Mayor and City Council of Baltimore v. Unisys Corporation
  Case No.: 12-614 (U.S. District Court of Maryland, August 16, 2012) Claim by Baltimore City for Intentional Misrepresentation and Punitive Damages Permitted to Proceed Against Software Developer
• Pro-Football, Inc. v. McCants
  No. 116 (Court of Appeals of Maryland, August 23, 2012) Redskins Wide Receiver “Covered Employee” for Purposes of Maryland Workers’ Compensation Claim Due to Home Games at FedEx Field in Maryland, and in Spite of Practice Time in Virginia
• Coach, Inc. et al. v. Farmers Market & Auction
  Civil Action No. AW-11-01239 (D. Md. Aug. 7, 2012) Maryland District Court Finds Contributory Liability for Copyright Violation Due to Willful Blindness
• Second Episcopal District African Methodist Episcopal Church v. Reverend Deloris Prioleau
  No. 11-CV-382 (D.C. Aug. 9, 2012) Religious Immunity Provision of First Amendment Did Not Apply to Contract Claim Made Against Church
• Shirley Shaheen v. The WellPoint Companies, Inc.
  No. 11-2317 (4th Cir. Aug. 3, 2012) Employer Has Qualified Privilege in Defamation Claim Where Thorough Investigation as to the Veracity of an Alleged Incident is Made
• Doty v. Hartford Life & Accident Insurance Co.
  Civil Case No.: CCB-11-2008 (U.S. Dist. Ct. for D. Md., July 27, 2012) ERISA Short-Term Disability Claim Remanded to Insurer Due to Overall Failure to Consider Claimant’s Purported Cognitive Impairments Resulting from Pain Medications
• Kensington Physical Therapy, Inc. v. Jackson Therapy Partners, LLC
  Case No.: 8:11-2467 (U.S. District Court for the District of Maryland, July 30, 2012) Complete Settlement Offer Did Not Make Putative Class Action Suit Moot
• Youssef v. Holder
  Civil Action No. 11-01362 (D.D.C. Aug. 7, 2012) D.C. Court Finds Aggrieved Employee to Have Exhausted All Administrative Remedies
• Nora Carmichael v. Threvia West
  United States District Court for the District of Columbia, No. 11-1513 (D.D.C. July 27, 2012) D.C. District Court Finds No Grounds to Waive Notice Requirements of D.C. CODE § 16-2802 in Medical Malpractice Claim on Behalf of HIV-infected Minor Child
• In re Frederick W. Salo
  No. 11-BG-1433 (D.C. Ct. App. July 19, 2012) D.C. Court of Appeals Does Not Impose Reciprocal Discipline in an Attorney-Misconduct Case Where the Original Sanction is “Substantially Different” Than the Sanction Likely to Be Imposed by a D.C. Court.
• WEC Carolina Energy Solutions, LLC v. Miller
  No. 11-1201 (4th Cir. July 26, 2012) Fourth Circuit Court of Appeals finds Computer Fraud and Abuse Act provides no remedy for Employer, whose Former Employee misappropriated company information.
• Krause Marine Towing, Corp., et al. v. Association of Maryland Pilots, et al.
  Case No.: 561 (Maryland Court of Special Appeals, May 31, 2012) The Rotation System of the Association of Maryland Pilots Does Not Violate the Maryland Antitrust Act
• Ronald Piacquadio v. Vertis, Inc.
  Civil No. JKB-12-245 (D. Md. July 12, 2012) Maryland District Court Holds That Severance Payments Are Considered Wages Under the Maryland Wage Payment and Collection Law
• Webb v. Green Tree Lending Servicing LLC
  No. 11-2105 (D. Md. July 16, 2012) United States District Court for the District of Maryland Denies Protective Order Seeking Remote Deposition as Without Good Cause and Prejudicial to Opposing Parties
• James Brooks et al. v. Howard Arthur et al.
  United States Court of Appeals for the Fourth Circuit, No. 11-1899 (July 9, 2012) Fourth Circuit Holds That Employee Grievances Addressed Through Internal Resolution Procedures are not “Public Concerns” Warranting Constitutional Protection
• ESAB Group, Inc. v. Zurich Insurance PLC
  No. 11-1243 (4th Cir. July 9, 2010) Fourth Circuit Court of Appeals holds that state law cannot preempt international treaty enforcing arbitration agreements between international parties for insurance coverage
• Sally Haeger v. Target Corp., et al.
  United States District Court for the District of Maryland, No. WMN-11-1280 (July 17, 2012) District Court of Maryland Rejects Vicarious Liability for Actions Beyond Scope of Employment and Denies Punitive Damages Absent Evidence of “Actual Malice”

July 2012

 

• Daniel J. Barufaldi v. Ocean City, Maryland Chamber of Commerce, Inc. et al.
  No. 270 (Md. Ct. Spec. App. June 29, 2012) Federal Test Inappropriate to Determine Whether or Not an Award of Attorneys’ Fees Should Be Granted Under the WPCL
• Michael McLaughlin v. Gill Simpson Electric, et al.
  Court of Special Appeals of Maryland, No. 376 (Jun. 29, 2012) Court of Special Appeals Holds that Withdrawal of Request for Continuing Medical Treatment Constitutes Withdrawal of Petition to Re-open under Maryland Code § 9-736
• Jaime Reyes v. District of Columbia Department of Employment Services
  No. 10-AA-1244 (D.C. Ct. App. July 12, 2012) Jaime Reyes v. District of Columbia Department of Employment Services
• A Love of Food I, LLC v. Maoz Vegetarian USA, Inc.
  No. 10-cv-02352 (D.Md. June 28, 2012) United States District Court for Maryland found that it lacked personal jurisdiction over Non-resident Corporation in claims arising out of franchise negotiation
• Robert Moss v. Spartanburg County School District Seven
  No. 11-1448 (4th Cir. June 28, 2012) Court Upholds Public School’s Policy of Granting Credit for Off-Campus Religious Education During School Hours
• Thomas v. Rowhouses, Inc.
  No. 2102 Maryland Court of Special Appeals finds that Service of Process upon the Estate of a Deceased Corporate Director is not Valid Service upon a Defunct Corporation
• Michael S. Barclay, et ux. v. Lena Briscoe, et al., Lena Briscoe, Personal Representative of the Estate of Christopher Eugene Richardson v. Ports America Baltimore, Inc.
  Court of Appeals of Maryland, No. 41 (Md. Jun. 27, 2012) A Semmes Win: The Court of Appeals of Maryland Holds Doctrine of Respondeat Superior Inapplicable Where Employee Negligently Commuted Home from Work
• DeMuth v. Strong
  No. 195 (Md. App. June 6, 2012) Maryland Court of Special Appeals finds that Trial Court did not err is permitting Board-Certified Vascular Surgeon to testify against a Board-Certified Orthopedic Surgeon
• United States ex rel. Oberg v. Kentucky Higher Education Student Loan Corp.
  United States Court of Appeals for the Fourth Circuit, No. 10-2320 (4th Cir. Jun. 18, 2012) Too Broad, Too Narrow, or Just Right: The Fourth Circuit Applies an Arm-of-the-State Analysis to Determine Liability Under the False Claims Act, 31 U.S.C. §§ 3729 et seq.

June 2012

 

• Bryan v. State Farm Mutual Automobile Insurance Co.
  Court of Special Appeals of Maryland, No. 2751 (Md. Ct. Spec. App. Jun. 7, 2012) The Maryland Court of Special Appeals Held That a Jury Verdict may be Treated as a Final Judgment for Purposes of Issue Preclusion
• Lief Erikson v. Pilot Travel Centers, LLC, et al.
  Civil No. CCB-11-0461 (D. Md., June 20, 2012) Owner of Travel Plaza Owed No Duty to Protect Patrons From Conduct of Third Parties Despite Prior Criminal Activity
• Virginia Slaughter v. Mayor and City Council of Baltimore
  Case No.: 10-2436 (4th Cir., June 7, 2012) A Showing of “Deliberate Indifference” is Insufficient to Allege a Substantive Due Process Violation
• Gardner v. Montgomery County Teachers Federal Credit Union
  No. 1:10-cv-02781 (D.Md. June 4, 2013) United States District Court for Maryland finds that Credit Union Unlawfully Offset Consumers’ Credit Card Debt with Deposited Funds
• Daniel C. Hayes v. Darien J. Pratchett
  Court of Special Appeals of Maryland, No. 2751 (Md. Ct. Spec. App. Jun. 5, 2012) A Supervisor who Negligently Performs a Delegable Duty of Employment is Not Immune from Tort Liability Under Section 9-509 of the Maryland Workers’ Compensation Statute
• Schneider v. Little
  No. 1346 (Md. App. June 1, 2012), Court of Special Appeals Finds that Trial Court Committed Reversible Error in Committing Evidentiary Errors during Medical Malpractice Trial
• Harman Mining Company v. Director, Office of Workers’ Compensation Programs
  United States Court of Appeals for the Fourth Circuit, No. 05-1620 (4th Cir. May 15, 2012) The Fourth Circuit Denies Employer’s Petition for Review of Orders Awarding Black Lung Benefits to Deceased Coal Mine Worker
• United States v. Jordan Laudermilt
  Case No.: 11-4624 (4th Cir., May 3, 2012) Protective Sweep of a Home Warranted When Threat of an Unaccounted-For Third Party with Access to Firearms Exists
• Wag More Dogs, LLC v. Cozart
  No. 11-1226 (4th Cir. May 22, 2012) Fourth Circuit Court of Appeals Finds that Arlington County Zoning Ordinance Did Not Constitute an Impermissible Restriction on Free Speech
• Helen Griggs v. Luke Evans et al.
  Court of Special Appeals of Maryland, No. 2596 (Md. App. May 2, 2012) Mortgage Agreement Containing Arbitration Rider was not Sufficiently Related to Accompanying Life Insurance Contract to Trigger Arbitration of All Disputes
• Kumar v. Dhanda
  Court of Appeals of Maryland, No. 47 (Md.) (May 2, 2012) Maryland Court of Appeals Affirms that Non-Binding Arbitration Provisions Will Not Toll the Relevant Statute of Limitations
• Kwaco Atiba v. Washington Hosp. Ctr., et al.
  Case No.: 10-CV-622 (D.C. Court of Appeals, May 17, 2012) D.C. Statutory Language, “Not Less Than 90 Days,” Does Not Invoke the “Clear Day” Rule Absent Clear Legislative Intent
• Maheu v. Bank of Am., N.A.
  Civil Case No.: 12-cv-508 (D. Md. May 14, 2012) Mortgage Debtors did not have a Cause of Action for Mortgage Fraud or the Home Affordability Modification Program
• Port v. Cowan
  Civil Case No.: CAD10-22420 (Court of Appeals of Maryland, May 18, 2012 Court of Appeals of Maryland Recognizes Same-Sex Marriages Performed in Other States
• TCR Sports Broadcasting Holding v. Federal Communications Commission, et al.
  Case No.: 11-1151 (U.S. Court of Appeals for the Fourth Circuit, May 14, 2012) Time Warner Deemed to have Legitimate Business Reasons for Not Including Mid-Atlantic Sports Network in its North Carolina Cable Distribution

May 2012

 

• Dan Ryan Builders, Inc. v. Norman C. Nelson, et al.
  Appeal No.: 11-1215, (U.S. Court of Appeals for the Fourth Circuit, May 10, 2012) Question of Whether Arbitration Provision Requires Separate Consideration Certified to the Supreme Court of Appeals of West Virginia
• Ohio Learning Centers, LLC v. Sylvan Learning, Inc.
  United States District Court for the District of Maryland, Civ. No. RDB-10-1932 (D. Md.) (April 24, 2012) Court Rules It Does Not Have Personal Jurisdiction Over Non-Resident Defendants
• Marjorie Stewart, et al. v. Howard Bierman, et al.
  Civ. No.: RWT-10-2822, (D. Md. May 8, 2012) “Robo-Signings” Did Not Amount to a Cause of Action Under the Fair Debt Collection Practices Act
• Dora Maritza Aguilar v. LR Coin Laundromat, Inc.
  Civ. No.: RDB-11-02352, (D. Md. May 3, 2012) Employee of a Local Laundromat is Not Covered by the Fair Labor Act
• Cochran, et al. v. Griffith Energy Services, Inc., et al.
  Civil Case No.: 87 (Court of Appeals of Maryland, May 1, 2012) Children’s Claim, Derived from Parent’s Claim in Previous Lawsuit, Is Barred By Res Judicata
• Washington Metro. Area Transit Auth. v. Williams
  Court of Special Appeals of Maryland, No. 2316 (Md. App.) (April 26, 2012) Employee’s Subsequent Injury Not Compensable
• Dickens v. Aetna Life Insurance Co.
  No.: 11-1434 (U.S. Court of Appeals for the Fourth Circuit, April 27, 2012) District Court Order Remanding Claim for Disability Benefits to an ERISA Claims Administrator Is Not an Immediately Appealable Final Order
• SBO Pictures, Inc. v. Does-157
  United States District Court for the District of Maryland, Civ. No. RWT-12-cv-22 (D. Md.) (April 19, 2012) Permissive Joinder Was Improper In Bit Torrent Case
• Dorothy M. Tracey v. Anthony K. Solesky, et al.
  Appeal No. 53, (Court of Appeals of Maryland) Maryland Court of Appeals Adopts Strict Liability for Owners and Landlords in Pit Bull Attacks
• Doali-Miller v. Supervalu, Inc.
  Civil Case No.: PWG-10-2422 (U.S. District Court for the District of Maryland, April 11, 2012) A Hearsay Refresher
• Emmit McHenry and Government of the United State Virgin Islands v. Commissioner of Internal Revenue
  Appeal No. 11-1239 & No. 11-1366, (United States Court of Appeals for the Fourth Circuit) Tax Court’s Denial of Virgin Islands’ Motion to Intervene Upheld by the Fourth Circuit
• Leftridge v. Matthews
  Case No. ELH-11-3499 (D. Md. April 18, 2012) Res Judicata Barred Plaintiff From a Second Bite at the Apple

April 2012

 

• Jones v. John Crane-Houdaille, Inc
  United States District Court for the District of Maryland, Civ. No. CCB-11-2374 (D. Md.) (April 6, 2012) Asbestos Plaintiffs’ Motion to Remand Is Denied
• Paul F. Kendall, et al. v. Howard County
  Case No.: 235 (Court of Special Appeals of Maryland) Plaintiffs Lack Standing to Challenge Howard County’s Land Use Actions
• Minnesota Lawyers Mut. Ins. Co. v. Baylor & Jackson, PLLC
  Civ. No.: JKB-10-2701 (D. Md. April 3, 2012 Insurers Score a Victory with Decision that Maryland’s Actual Prejudice Requirement Did not Apply to a Claims-Made and Reported Policy
• Buss v. Nilar
  Civ. No. JKB-10-2807 (D. Md.) (April 3, 2012) Doctor Admits Breach of Standard of Care, But Motion for Summary Judgment Still Denied
• Donna Epps, et al. v. JP Morgan Chase Bank, N.A., et al.
  Case No.: 10-2444 (U.S. Court of Appeals for the Fourth Circuit) Plaintiff’s State Court Claim Not Preempted by the National Bank Act or Related Federal Regulations
• Federal Courts Jurisdiction and Venue Clarification Act of 2011
  (March 2012) Important Changes in Removal Rules
• Leake v. Johnson
  (Md. Ct. Spec. App. March 30, 2012) Wrongful Death and Survival Actions Considered One “Claim” for Purposes of Local Government Tort Claims Act
• DiNapoli v. Kent Island, LLC,
  No. 2506 (Md. Ct. Spec. App. March 1, 2012) Court Cannot Transfer to Another Venue Merely Because Prior Litigation Occurred in the Prior Venue
• District of Columbia v. Wayne Singleton, et al.
  Appeal No.: 77 (Maryland Court of Appeals) Plaintiffs’ Evidence Insufficient for Res Ipsa Loquitur Inference of Negligence
• Osunde v. Lewis
  PWG-11-0234 (U.S. District Court for the District of Maryland, March 15, 2012) Summary Judgment Granted for Defense Where Plaintiff Has No Medical Expert Testimony in Wrongful Death Case

March 2012

 

• Kurns v. R. R.Friction Prods. Corp.
  Supreme Court of the United States, No. 10-879 (U.S.), (February 29, 2012) The Locomotive Inspection Act Pre-empts State Tort Law Claims For Design Defects And Failure-To-Warn
• Adam J. Shirvinksi v. United States Coast Guard, et al.
  Case No. 10-2424 (U.S. Court of Appeals for the Fourth Circuit) Termination of Subcontract Agreement Did Not Give Rise to Due Process Claim
• Spence v. Julian
  No. 1511 (Md. Ct. Spec. App. October 26, 2011) A Non-Settling Defendant has the Discretion to File a Cross-Claim or a Contribution Action Against a Settled Party
• Nat’l Union Fire Ins. Co. of Pittsburgh, PA, v. Porter Hayden Co.
  Civil No. CCB-03-3408 (D. Md.) Insureds Bear The Burden Of Showing When The Operations Hazard Applies To A Claim
• Ray Communications, Inc. v. Clear Channel Communications, Inc., et al.
  Case No.: 11-1050 (U.S. Court of Appeals for the Fourth Circuit) Defendant Not Entitled to Summary Judgment on Affirmative Defense of Laches
• Yiallourous v. Tolson
  No. 773 (Court of Special Appeals of Maryland, March 2, 2012) New Trial on Damages Warranted Where Non-Economic Damage Award Was Result of Jury’s “Arithmetic Guesswork”
• East Star, LLC v. The County Commissioners of Queen Anne’s County
  No. 2616 (Md. Ct. Spec. App. March 1, 2012) State Environmental Law Preempts a County Zoning Ordinance
• Jones v. State of Maryland
  No. 37 (Md.), (February 22, 2012) $200,000 Award Against State Arising Out Of Police Beating Reinstated
• Murray v. TransCare Maryland Inc
  No. 1791 (Maryland Court of Special Appeals, February 9, 2012) Court of Special Appeals Makes Clear that Good Samaritan and Fire and Rescue Company Acts Do Not Apply to Private Commercial Ambulance Companies
• Dr. Mahin Khatami v. Dr. Carolyn Compton
  Case No. 11-CV-01769-AW (U.S. District Court for the District of Maryland), (February 2012) Claims for Abuse of Process and Defamation Barred Under the Federal Torts Claims Act
• Univ. of Maryland Medical Sys. Corp. v. Gholston
  No. 2505 (Court of Special Appeals of Maryland, Feb. 10, 2012) Life Saving Heroics Do Not Excuse Later Medical Negligence
• Univ. of Md. Med. Sys. Corp. v. Muti
  No. 42 (Md. February 21, 2012) Dismissal for Failing to Name all Parties in a Wrongful Death Case an Abuse of Discretion
• Jennifer Coates v. Mayor & City Council of Balt.
  Civil No. JKB-10-3419 (D. Md.) (February 14, 2012) Harassment and Retaliation Claims Dismissed Against Mayor of Baltimore
• ExxonMobil Corp. v. Ford
  No. 1804 (Md. Ct. Spec. App. February 9, 2012) Exxon Obtains Reversal on Emotional Distress Damages
• Storto Enterprises, Inc. v. ExxonMobil Oil Corporation, et al.
  Case No. WDQ-10-1630 (U.S. District Court for the District of Maryland), (February 2012) Owner of Gas Station’s Suit Against Exxon Time-Barred Due to Inquiry Notice

February 2012

 

• Scott Garrity v. Injured Workers’ Insurance Fund
  No. 1185 (Md.), (February 9, 2012) Injury While Travelling Back To Work After Changing Clothes For Suitable Attire Was Not Compensable
• Herman v. Lincoln Nat’l Life Ins. Co.
  No. 11-cv-03378-AW (U.S. District Court for the District of Maryland, Feb. 7, 2012) Because Matters Alleged in Plaintiff’s Complaint Related to ERISA, Removal from State to Federal Court Was Proper
• James Mark McDaniel, et al. v. John M. Blust, et al.
  Case No. 10-1776 (U.S. Court of Appeals for the Fourth Circuit, February 9, 2012) Suit Against Law Firm Retained by Bankruptcy Trustee Not Permitted Without Bankruptcy Court Approval
• Bowie v. Charles County
  No. 0312 (Md. February 3, 2012) Zoning Board’s Site Visit was a Violation of the Open Meeting Law
• Jackson v. Dackman Company
  No. 131 (Maryland Court of Special Appeals, October 24, 2011) Court of Appeals Strikes Down Landlord Immunities and $17,000 Damages Cap in Maryland Lead Paint Act
• Morales, et al. v. Richardson, et al.
  Civ. No. JFM-11-3215 (D. Md.) (January 30, 2012) Actions Of Off-Duty Police Officer At Fraternity Party Dismissed As Against Local Government
• Ackerman v. ExxonMobil Corporation, et al.
  No. WDQ-11-3442 (D. Md., January 12, 2012) Although Removal Was Timely, Court Abstains from Exercising Jurisdiction Due to Parallel State Court Case
• Kathy Minor v. Bostwick Laboratories
  Case No. 10-1258 (U.S. Court of Appeals for the Fourth Circuit, January 27, 2012) Intracompany Complaint May Constitute Activity Protected by Antiretaliation Provision of Fair Labor Standards Act
• Spangler v. McQuitty
  No. 23 (Md. January 27, 2012) Plaintiff’s Premature Death Does not Alter an Award of Future Medical Expenses
• Arguetta v. McGill Airflow, LLC
  Civ. No. JKB-11-1102 (D.Md.) (Jan. 4, 2012) Counter-Claim For Indemnification And Contribution Denied For Being Conclusory
• Omega US Ins., Inc. v. Penn. Nat’l Mut. Cas. Ins. Co.
  Case No. ELH-11-2297 (D. Md. January 13, 2012) The Court Cannot Reconsider a Voluntary Dismissal
• Theophilus Spencer, et al. v. Central Services, LLC, et al
  Civ. No. CCB-10-03469 (D. Md.), (January 13, 2012) $56,430 In Attorney’s Fees Awarded For $11,500 Settlement Of FLSA Case
• In Re Access to Jury Questionnaires; The Washington Post, Appellant
  Case No. 10-SP-1612 (Court of Appeals for the District of Columbia, January 19, 2012) Washington Post Entitled to Obtain Completed Jury Questionnaires

January 2012

 

• Fortier v. Principal Life Insurance Company
  Case No.: 10-1441 (U.S. Court of Appeals for the Fourth Circuit, January 11, 2012) Plan Administrator’s Policy Interpretation Upheld Despite ERISA Challenge
• My National Tax & Insurance Services, Inc. v. H&R Block Tax Services, Inc.
  No. 8:10-cv-02411-AW (D. Md., January 11, 2012) No Claim for Fraud or Misrepresentation Where Party Overlooks Express Term of Contract
• A.R. v. F.C.
  CPO579-11 (D.C. App.) (Dec. 22, 2012) Any Victim of Stalking, Sexual Assault, or Sexual Abuse May Apply For Civil Protection
• Grinage v. Mylan Pharmaceuticals, Inc
  No. CCB-11-1436 (D. Md., December 30, 2011) Federal Law Preempts Plaintiff’s Claim Against Generic Drug Manufacturer
• Jenkins v. Gaylord Entertainment Co.
  Case No. 8:11-cv-02869 (D. Md. January 3, 2012) Filing a Retaliation Claim While Litigating a Discrimination Claim is not Impermissible Claim Splitting
• Austin v. Bd. of Ed. Of Howard County
  Case No.: ELH-10-1185 (D. Md. December 21, 2011) Defendants Sufficiently Rebutted a Prima Facia Case of Discrimination
• Markevicz v. Garcia
  No. 8:08-cv-02877-AW (U.S. Dist. Ct. for D. Md., December 29, 2011) Rescue Vehicle Operator Immune from Negligence Where No Reasonable Jury Could Conclude He Was Grossly Negligent
• Wye Oak Technology, Inc., v. Republic of Iraq
  Case No.: 10-1874 (U.S. Court of Appeals for the Fourth Circuit, December 29, 2011) Iraq Not Immune from Suit based on Commercial Activities Exception to the Foreign Sovereign Immunities Act
• Ragland v. Macy’s, Inc.
  (D.Md.) (Dec. 19, 2011) Legal Holidays & Sundays Toll the Three Day Mailing Rule for Purposes of Determining a Filing Deadline
• Rupli v. South Mountain Heritage Society, Inc.
  No. 2555 (Md. Ct. Spec. App. December 22, 2011) Court of Special Appeals Disfavors Declaring Hostile use of Land
• Vollmar v. O.C. Seacrets, Inc.
  No. MJG-11-772 (D. Md., December 20, 2011) Court Holds That Even If It Recognized Maritime Dram Shop Liability, Plaintiff’s Complaint Did Not Support Such A Claim
• WMATA v. Tinsley
  No. 1089 (Maryland Court of Special Appeals, Nov. 30, 2011) Metro Immune from Slip and Fall Suit
• Watkins, v. SunTrust Mortgage Incorporated
  Case No. 10-1915 (U.S. Court of Appeals for the Fourth Circuit, December 14, 2011) SunTrust Mortgage’s Failure to Use Model Form H-9 Found Not to be in Violation of Truth in Lending Act
• Windsor v. Spinner Indus. Co.
  Civil No. JKB-10-114 (D. MD. 12/15/11) No Personal Jurisdiction Under the Foreseeability Test

2015 Case Updates Archive »
2014 Case Updates Archive »
2013 Case Updates Archive »
2012 Case Updates Archive »
2011 Case Updates Archive »