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 2013

 

• Franklin Credit Mgmt. v. Nefflen
  Case No. 32 (December 20, 2013) Maryland Court of Appeals Holds That Defaulting Party Who Does Not File Motion to Vacate Cannot File a Rule 2-534 Motion to Alter or Amend Judgment to Contest Liability
• Hartford Fire Ins. Co. v. Harleysville Mut. Ins. Co.
  F.3d (2013) Court adopts definition of “nominal defendant” for purposes of Rule of Unanimity for removal
• Mitchell v. WSG Bay Hills IV, LLC
  No. 12-2036 (D. Md. Dec. 11, 2013) United States District Court for the District of Maryland finds that Defendant Golf Course Managers are Entitled to Judgment as a Matter of Law on Plaintiff’s Negligence and Nuisance Claims
• Butler v. S&S P’ship
  No. 1 (Md. Nov. 26, 2013) Maryland Court of Appeals Finds that Trial Court Erred in Striking Lead Paint Plaintiff’s Expert Report for Failing to give Defendants Notice of Plaintiff’s Lead-Based Paint Testing
• Durham v. Jones
  2013 WL 6439714, Fourth Circuit, __F.3d__ (2013) Termination for reports of serious police misconduct are not protected by qualified immunity.
• Maryland Legislature to Consider Liability for Dog Bites and Judicial Compensation in Upcoming 2014 Legislative Session
  Upcoming 2014 Legislative Session
• AGV Sports Group, Inc. v. Lemans Corp.
  No. GLR-11-16 (D. Md. Dec. 2, 2013) United States District Court for the District of Maryland finds Plaintiff’s Promissory Estoppel Claims to be Time-Barred by the Statute of Limitations.
• Maryland Legislature to Consider Dram Shop Liability, Maryland Trust Act, and Workers’ Compensation Issues in Upcoming 2014 Legislative Session
  2014 Legislative Session
• Newell, et al. v. Johns Hopkins University
  A.3- (2013) Real estate contract unambiguous and did not limit the campus design as long as the campus was use consistent with contract terms.
• BJ’s Wholesale Club v. Rosen
  Court of Appeals of Maryland, Case No. 99 (November 27, 2013) Maryland Court of Appeals Upholds Enforceability of Exculpatory Clause in Commercial Retail Center Agreement, Executed by Parent on Behalf of Minor Child
• Cosey v. The Prudential Insurance Co. of America, et al.
  No. 12-2360 (U.S. Court of Appeals for the Fourth Circuit, November 12, 2013) Fourth Circuit Holds that “Proof Satisfactory to Us” Language in ERISA Group Disability Plan Is Ambiguous and Does Not Confer Discretionary Authority on Plan Administrator
• D.A.M. Carpentry Corp. v. Scruggs
  No. 1614 (Court of Appeals of Maryland, November 21, 2013) Workers’ Compensation Claimant Must Provide Supporting Documentation to Be Entitled to Medical Mileage
• Kulikov v. Baffoe-Harding
  Court of Special Appeals of Maryland, Case No. 1475 (November 21, 2013) Court of Special Appeals Declines to Rule on Forum non Conveniens Tort Case, Where Decision Might Contravene Maryland Precedent
• Perkins v. Hansen
  No. 11-CV-1540 (District of Columbia Court of Appeals, November 7, 2013) D.C. Court of Appeals Holds that Trial Court Abused Its Discretion by Excluding Causation Testimony of Plaintiff’s Medical Expert in Medical Malpractice Case
• Strauch v. Exelon Corp.
  No. 13-1543 (Nov. 18, 2013 D. Md.) United States District Court for the District of Maryland enters summary judgment in favor of defendant employer in unpaid severance benefits case

November 2013

 

• Berhane, et al. v. Allstate Insurance Company, et al.
  Civil No. PJM 13-173, Not Reported (2013) General Release for accident tortfeasor releases product liability claims against manufacturer.
• Fitzgerald v. Wal-Mart Stores East, LP
  No. AW-13-422 (U.S. District Court for the District of Maryland, October 25, 2013) Third Party Defendant’s Activities In “Bulge Area” Rendered Exercise of Personal Jurisdiction Over It Proper
• Vicino v. Maryland Dep’t of Natural Res.
  No. 12-2790 (D. Md. Nov. 8, 2013) United States District Court for the District of Maryland Denies Employer’s Motion to Dismiss in Sexual Discrimination Action because Plaintiff Showed that Supervisor was a Proximate Cause of her Termination
• Dolan v. McQuaide
  No. 1433 (Md. App. Nov. 5, 2013) Intermediate Appellate Court for the State of Maryland finds that Evidence Regarding the Value of Services Rendered Generates an Issue of Material Fact in an Action for Unjust Enrichment
• Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc.
  No. 0443 Sept. Term, 2012, ___ A.3d___ (2013) Letter of Intent enforceable as settlement where it contained all necessary terms and did not explicitly reject being bound.
• Karen Larson v. Abbott Laboratories, et al.
  United States District Court for the District of Maryland, Civil Action No. ELH-13-00554 (Nov. 5, 2013) Maryland District Court Finds Lack of Federal Question Jurisdiction, Under 28 U.S.C. § 1331, and Subject Matter Jurisdiction, Under 28 U.S.C. § 1332, in Products Liability Case
• Bhari Info. Tech. Sys. Private Ltd. v. Sriram
  No. 13-1480 (D. Md. Oct. 28, 2013) United States District Court for the District of Maryland dismisses foreign corporation’s claims against a United States citizen residing in India for lack of subject matter jurisdiction.
• Fitzgerald v. Wal-Mart Stores East, LP
  No. AW-13-422 (U.S. District Court for the District of Maryland, October 25, 2013) Third Party Defendant’s Activities In “Bulge Area” Rendered Exercise of Personal Jurisdiction Over It Proper
• Gaines Motor Lines, Inc., et al. v. Klaussner Furniture Industries, et al.
  United States Court of Appeals for the Fourth Circuit, No. 12-2269 (4th Cir. October 30, 2013) Fourth Circuit Holds Lack of Jurisdiction Over Breach of Contract Dispute, Pursuant to the Interstate Commerce Commission Termination Act (“ICCTA”).
• Asher & Simmons, P.A. v. j2 Global Canada, Inc.
  No. 13-0981 (D. Md. Oct. 16, 2013) United States District Court for the District of Maryland found that FCC Regulation affected a Defendant’s Potential Liability under the Telephone Consumer Protection Act.
• Mummert, et al. v. Alizadeh, et al.
  No. 5, September Term, 2013, 2013 WL 5663105, A.3d (2013) Wrongful death claims not limited by deceased’s failure to file malpractice claim.
• Michael C. Worsham v. Robert Greenfield and Romualda Greenfield
  Court of Appeals of Maryland, No. 139, September Term 2009, (Md. October 23, 2013) Court of Appeals of Maryland Holds That Party May Recover Incurred Litigation Expenses Pursuant to Maryland Rule 1-341 Regardless of Entity that Actually Pays Expenses.

October 2013

 

• Lewis v. Washington Hospital Center
  No. 12-CV-1178 (District of Columbia Court of Appeals, October 3, 2013) D.C. Court of Appeals Holds that Trial Courts Have Authority to Waive 90-Day Notice Requirement in Medical Malpractice Cases “In the Interests of Justice”
• Root v. County of Fairfax
  No. 12-254 (October 10, 2013) (Unpublished) Res Judicata applied to pet owners claim for compensation after resolution of due process claim.
• Kylie A. Shuba, et al. v. United Servs. Auto. Assoc.
  No. 160, 2013 (Decided October 3, 2013) Delaware Court reaffirms that wrongful death beneficiaries stand in UM beneficiaries shoes.
• James M. Beck v. Patrick Sullivan and Sandra Peiffer
  United States District Court for the District of Maryland, No. RDB-11-3075, September Term 2010 (D. Md. October 4, 2013) Maryland District Court Rejects “Lodestar” Approach in Favor of MRPC Rule 1.5 in Determining Attorneys’ Fees Where Parties Entered Into Express Contract with Fee Provision
• Dominion Transmission, Inc. v. Myersville Town Council
  No. 13-0338 (D. Md. Oct. 7, 2013) United States District Court for the District of Maryland Finds Municipality’s Regulations Affecting Natural Gas Compressor Site Null and Void, Except for those Enacted under Certain Federal Environmental Legislation
• SYNOPSIS OF LAWS ENACTED BY THE STATE OF MARYLAND
  Maryland Legislature Adopts New Laws, Effective October 1, 2013
• Blue v. Prince George’s County
  No. 87, slip op. at 16 (Md. Sept. 27, 2013) Maryland Court of Appeals finds that security guard could not lawfully carry a handgun onto the employer’s parking lot without a valid permit, regardless of his employer’s consent.
• Gross v. St. Agnes Health Care Inc.
  Civil Action No. ELH-12-2990 (U.S. District Court for the District of Maryland, September 12, 2013) Plaintiff’s State Law Claims Are ERISA Preempted and Only Breach of Fiduciary Duty Claim Survives Defendants’ Motion to Dismiss
• People’s Insurance v. State Farm
  Court of Special Appeals of Maryland, No. 1353, September Term 2012 (Md. App. September 26, 2013) Court of Special Appeals of Maryland Holds That Insurer Did Not Violate Maryland Insurance Article When It Denied Coverage Under Homeowners Insurance Policy
• Chesson v. Montgomery Mut. Ins. Co.
  97 SEPT.TERM 2012, 2013 WL 5311126 (Md. Sept. 24, 2013) Expert Testimony That Mold Causes Neurocognitive and Musculoskeletal Injuries Inadmissible
• Covert v. Automotive Credit Corp.
  No. 13-1928 (D.Md. Sept. 12, 2013) United States District Court for the District of Maryland Grants Class Action Plaintiff’s Motion to Remand to State Court
• Schuiling v. Harris
  Record. No. 121582 (Supreme Court of Virginia, September 12, 2013) Arbitration Agreement Enforced Even Though Designated Arbitrator Was Unavailable
• Clifton v. Wilkinson
  121232, 2013 WL 4854351 (Va. Sept. 12, 2013) No Easement by Necessity on Neighboring Property for Parcel Divided by Eminent Domain
• Evergreen Associates, LLC v. Crawford
  No. 119 (Md. App. Sept. 10, 2013) Maryland Court of Special Appeals Holds that Tenant has no Duty to Protect Landlord’s Property against Unforeseeable Criminal Acts of Third Parties.
• Ross v. Agurs & Progressive Casualty Ins. Co.
  Court of Special Appeals of Maryland, No. 978 September Term 2011 (Md. App. September 9, 2013) Court of Special Appeals of Maryland Holds That Insurer Not Obligated to Pay Underinsured Motorist Coverage Where Workers’ Compensation Lien Exceeded Balance of Judgment

September 2013

 

• Cross v. Baltimore City Police Department
  No. 1290 (Md. App. Sept. 3, 2012) Maryland Court of Special Appeals finds that Baltimore City Police Department’s Termination of an Officer for Marrying a Prison Gang Member was Constitutional
• Raymond V. Hamilton, Jr. v. Sandra B. Dackman, et al.
  Court of Special Appeals of Maryland, No. 2871, September Term 2011 (Md. September 4, 2013) Court of Special Appeals of Maryland Holds That Causation in Lead-Based Paint Context Limited to Probability of Circumstantial Evidence Under Ross v. Housing Authority
• Old Frederick Rd., LLC v. Wiseman
  No. 2356 (Md. App. Sept. 4, 2012) Maryland Court of Special Appeals Affirms Award of Attorneys’ Fees Against a Party that Fabricated a Sham Contract in order to Avoid Liability
• Clark v. Bridges
  No. 12-CV-49 (District of Columbia Court of Appeals, August 22, 2013) Landlord’s Appeal to District of Columbia Court of Appeals Deemed Timely Filed Due, in Part, to Legitimate Uncertainty Surrounding the Applicable Rules
• Heavenly Days Crematorium, LLC v. Harris, Smariga and Associates, Inc.
  No. 128, September Term 2011 (Maryland Court of Appeals, August 15, 2013) Certificate of Qualified Expert Not Required unless Professional Services Within Scope of Professional’s License are At Issue
• West v. Rochkind
  No. 0041 (Maryland Court of Special Appeals, May 30, 2013) Defendants’ Motion for Summary Judgment Properly Granted Where Plaintiff Failed to Produce Sufficient Circumstantial Evidence of Lead at Subject Property
• Sean Cook v. Nationwide Insurance Company, et al.
  Case No.: PWG-13-882, (U.S. District Court for the District of Maryland, August 23, 2013) Diversity of Citizenship Jurisdiction Exists Where Plaintiff Failed to Show Ability to Prevail against Maryland Attorneys
• Maryland Insurance Commissioner v. Kaplan
  No. 12 (Maryland Court of Appeals, August 16, 2013) Insurance Commissioner Properly Denied Post-Termination Compensation to CareFirst Executive and Commissioner’s Decision Was Not Preempted by ERISA
• Waugh Chapel S., LLC v. United Food & Commercial Workers Union Local 27
  12-1429, 2013 WL 4505288 (4th Cir. Aug. 26, 2013) Series of Sham Lawsuits Standard Keeps Unions In Lawsuit by Developer
• Dumbarton Improvement Association, Inc. et al. v. Druid Ridge Cemetery Company, et al.
  No. 128, September Term 2010 (Maryland Court of Appeals, August 22, 2013) Restrictive Covenant Dating from 1913 deemed Unambiguous and still Applicable
• Masoero v. Food Lion, LLC & Delhaize American, LLC
  4:12CV128, 2013 WL 1192040, U.S. District Court, New Port News, Eastern District of Virginia, (March 21, 2013)
• Wetzel v. Capital City Real Estate, LLC
  No. 12-CV-1218 (D.C. Court of Appeals, August 15, 2013) D.C. Court of Appeals Holds Trial Court Should Not Have Dismissed All of Condominium Purchasers’ Claims Against Developer After Unit Allegedly Flooded

August 2013

 

• Jadine Acker v. Specialty Hospital of Washington-Hadley, LLC
  No. 2018 (Superior Court of the District of Columbia July 19, 2013) Trial Court Excludes Evidence of Medical Bills in Excess of Payments by Medicare/Medicaid
• Kenneth Ackerman v. ExxonMobil Corp.
  Case No. 12-1103 (4th Cir. August 7, 2013) Federal District Court’s Decision to Abstain from Exercising Jurisdiction under the Colorado River doctrine is Upheld on Appeal.
• John Roe v. Jane Doe
  No. 12-CV-970 (D.C. Court of Appeals, August 8, 2013) Trial Court Sanctions for Discovery Violation Deemed Too Severe and Abuse of Discretion
• Dixon v. Ford Motor Co.
  No. 82 (Maryland Court of Appeals, July 25, 2013) Court of Appeals Holds that Statutory Cap on Noneconomic Damages Is Constitutional, Trial Court Did Not Err in Admitting Plaintiffs’ Expert, but Trial Court Did Err in Revising Jury Verdict as to Cross-Claim Against Joint Compound Manufacturer
• Roc Sansotta v. Town of Nags Head
  Case No. 12-1538 (4th Cir. July 25, 2013) Fourth Circuit Affirms Summary Judgment Against Beachfront Cottage Owners’ Procedural Due Process and Equal Protection Claims But Reverses Dismissal of their Takings Claim.
• William J. Warr, Jr., et al. v. JMGM Group, LLC, d/b/a Dogfish Head Alehouse
  No.: 57, Sept. Term 2012 (Maryland Court of Special, July 25, 2013) Court of Appeals Again Rejects Dram Shop Liability
• Angelex, Ltd. v. United States
  No.: 13-1610 (Fourth Circuit Court of Appeals, July 22, 2013) Coast Guard Action Pursuant to 33 U.S.C. § 1908 (e) is Committed to Agency Discretion by Law and Therefore Unreviewable by the Court
• Clay v. Consol Pennsylvania Coal Co., LLC, et al.
  No. 5:12CV92 (U.S. District Court of the Northern District of West Virginia July 18, 2013) Motion for Protective Order Granted When Discovery Seeks More Than Alleged in Complaint
• Martinez et al. v. The Johns Hopkins Hospital
  Case No. 1394 (Maryland Court of Special Appeals) Maryland’s Court of Special Appeals Holds Evidence of a Non-Party’s Negligence Should Be Admitted When a Defendant Denies All Liability
• Curry v. Trustmark Ins. Co.
  No.: 11-cv-2069-JKB (Maryland District Court, July 15, 2013) Insured’s Refusal to Participate in IME, When Required by Contract, Negates Insurer’s Obligation to Provide Benefits
• Scarberry v. Target Corp.
  No. 5:12-CV-57 (U.S. District Court of the Northern District of West Virginia July 1, 2013) Summary Judgment Not Appropriate in Slip and Fall Case without Absence of Genuine Issue of Material Fact
• Smith v. HWM Truck Lines, Inc.
  Case No. 11-1437 (West Virginia Supreme Court of Appeals) West Virginia’s Workers’ Compensation Office of Judges Must Fully Consider Each Independent Medical Evaluation To Resolve Claims

July 2013

 

• Coleman v. Soccer Ass’n of Columbia
  No. 9 (Maryland Court of Appeals, July 9, 2013) Maryland’s Highest Court Refuses to Judicially Abrogate the Doctrine of Contributory Negligence
• Georgia Pacific, LLC, f/k/a Georgia-Pacific Corporation v. Farrar
  Case No. 102 (Maryland Court of Appeals) Manufacturer of Asbestos Products Had No Duty to Warn Granddaughter of Danger from Asbestos Dust Carried Into Home on Grandfather’s Clothes
• Union Carbide Corp. v. Richards, et al.
  No. 12-1294 (Court of Appeals for the Fourth Circuit July 5, 2013) Res Judicata Does Not Bar Subsequent Suits with a New Cause of Action under the Black Lung Benefits Act
• Certain Underwriters at Lloyd’s, London v. R.J. Wilson & Assoc.
  No. CCB-11-1809 (Maryland District Court, June 25, 2013) Third Party Complaint Fails to State a Claim for Tortious Interference or Indemnification; Sufficiently Alleges Claim for Contribution
• Hoang Do v. Liberty Insurance Corporation
  Case No. 13-1063 (United States Court of Appeals for the Fourth Circuit) Insurance Company Owes No Duty of Good Faith to Insured Who Files an Uninsured Motorist Claim, Placing Them in an Adversarial Relationship
• Kenney v. Independent Order of Foresters
  No. 3:12-CV-123 (U.S. District Court for the Northern District of West Virginia June 18, 2013) District Court Used Conflict of Laws Analysis to Determine that the Laws of the State with the Most Significant Contacts with the Occurrence and Parties Applied
• Clodfelter v. Republic of Sudan
  No: 11-2118 (Fourth Circuit Court of Appeals, June 20, 2013) Substantive Change in Statutory Law and Foreign Policy Constitutes Good Cause to Bar Application of Res Judicata
• Exxon Mobil Corp. v. Ford, et al.
  No. 16, September Term, 2012 (Court of Appeals of Maryland, June 25, 2013) Defendant’s Request for Bond Premium Costs Denied in Maryland Mass Toxic Tort Litigation
• Hiob, et al. v. Progressive American Insurance Company, et al.
  Case No. 3009 (Maryland Court of Special Appeals) The Time to File an Appeal in Maryland Begins to Toll Upon Resolution of All Claims, Regardless of Whether “Final Judgment” is Entered on the Docket
• Fyfe Co., LLC, et al. v. Structural Group, LLC, et al.
  Case No. CCB-13-176 (U.S. District Court for the District of Maryland) Electronic Communications Into Maryland are Insufficient to Support a Finding of Minimum Contacts for Personal Jurisdiction
• Richardson v. Richardson, et al.
  No. 13-0868 (ABJ) (U.S. District Court for the District of Columbia June 19, 2013) One-Paragraph Complaint Dismissed for Lack of Subject Matter Jurisdiction
• Williams v. Bank of New York Mellon
  No: CCB-13-0680 (Maryland District Court, June 3, 2013) Amount in Controversy Sufficient to Confer Diversity Jurisdiction by Preponderance of Evidence Standard

June 2013

 

• Brethren Mutual Insurance Co. v. Suchoza
  Case No. 1787 (Maryland Court of Special Appeals) Insurance Company Must Proffer Expert Testimony or Other Competent Evidence to Prove the Fair and Reasonable Value of Medical Services
• Joyner v. A.C. & R. Insulation Co.
  No. CCB-12-2294 (Maryland District Court, June 6, 2013) A Plaintiff is the Master of His Complaint; May Restrict its Scope by Amendment to Avoid Federal Jurisdiction
• Westmoreland Coal Co. v. Cochra
  No. 11-1839 (Court of Appeals for the Fourth Circuit, June 4, 2013) Black Lung Benefits Properly Awarded Even When Disabled Has History of Smoking
• Bullock v. BankChampaign
  Case No. 11- 1518 (U.S. Supreme Court) Supreme Court Holds that a Culpable State of Mind is Required for “Defalcation”
• Hillman v. Maretta
  No. 11-1221 (Supreme Court of the United States, June 3, 2013) Supreme Court Finds Federal Law Preempts State’s Insurance Beneficiary Statute Scheme for FEGLIA Policies
• Johnson v. Am. United Life Ins. Co.
  No. 12-1381 (4th Circuit Court of Appeals, May 24, 2013) Contra Preferentum Requires the Court to Construe Ambiguous Contractual Language Strictly in Favor of the Insured
• Khoshmukhamedov, et. al. v. State Farm Fire and Casualty Company
  Case No. 12-cv-0820-AW (U.S. District Court for the District of Maryland) A House Must Be a Home under a Homeowner’s Insurance Policy Excluding Coverage for Unoccupied Dwellings
• Quraishi v. Kaiser Found. Health Plan of the Mid-Atlantic States, Inc.
  No. CCB-13-0010 (Maryland District Court, May 30, 2013) 42 U.S.C. §1981 Does Not Prohibit Discrimination on the Basis of an Individual’s Place or Nation of Origin
• Fredericksburg Orthopaedic Associates v. Fredericksburg Machine & Steel, LLC, et al.
  No. 1714-12-2 (Court of Appeals of Virginia, May 14, 2013) Medical Provider’s Across-the-Board Surcharge Applied to Workers’ Compensation Patients Held Unnecessary and Unreasonable without Evidence of Additional Expenses
• Rogers v. Metropolitan Life Ins. Co.
  No. JKB-12-1012 (U.S. District Court for the District of Maryland, May 15, 2013) Insurance Company Properly Denied Long-Term Disability Benefits After Reviewing Insured’s Previously Submitted Doctor Reports and Its Own Experts Reports
• TRG Constr., Inc. v. D.C. Water & Sewer Auth.
  No. 11-CV-896 (D.C. Court of Appeals) D.C. Construction Firm Gets another Shot at Recovering Damages after Gov’t Agency Terminated Contract

May 2013

 

• Dionne Davis, et vir. v. Tania Nicole Arevalo Martinez, et al.
  Case No.: 2605 (Maryland Court of Special Appeals, May 2, 2013) Identity of UM/UIM Insurance Carrier Must be Identified to the Jury when it is a Party to Civil Action
• Ronnie Dooley v. Hartford Accident & Indemnity
  United States Court of Appeals for the Fourth Circuit, No. 12-1882 (4th Cir., May 16, 2013) Fourth Circuit Affirms District Court’s Judgment that Plaintiff was not Entitled to Stacking of Uninsured/Underinsured Motorist Coverage Pursuant to Virginia Code § 38.2-2206(A)
• Pines Plaza Limited Partnership v. Berkley Trace, LLC, et al.
  Court of Appeals of Maryland, No. 30, September Term 2012 (Md. May 21, 2013) Court of Appeals of Maryland Applies Common Law “Non-Delegation Doctrine” in Real Estate Action for Indemnification and Damages for Breach of Contract
• Rusnakova v. World Kitchen, LLC.
  Civil No., RDB-12-03650 (D. Md. 2013) Complaint Dismissed For Failing To Serve Process Within 120 Days Of Filing Of Action
• Scott v. Hawit, LLC.
  No. 2838 (Md. App., 2013) Case Of Independent Acts By Separate Defendants Contributing To A Single Harm Not Transferrable For Forum Non Conveniens
• Wallace & Gale Asbestos Trust v. Carter
  No. 2018 (Maryland Court of Special Appeals, May 2, 2013) Trial Court Erred by Excluding Defense Expert Testimony on Cigarette Smoking As Contributing to Plaintiff’s Lung Cancer
• Mary DiFederico v. Marriott International, Incorporated
  United States Court of Appeals for the Fourth Circuit, No. 12-1635 (4th Cir. May 1, 2013) Fourth Circuit Reverses and Remands Maryland District Court Grant of Summary Judgment for Defendant, Marriott International, on the Basis of Forum Non Conveniens
• Arthur Galloway v. Horne Concrete Construction
  United States Court of Appeals for the Fourth Circuit, No. 11-1879 & 11-1898 (4th Cir. May 1, 2013) Fourth Circuit Vacates Maryland District Court Judgment for Defendants Where Injury Did Not Present Complicated Medical Question Requiring Expert Testimony to Prove Causation
• Transcare Maryland Inc. v. Murray
  No. 24 (Maryland Court Appeals, April 22, 2013) Good Samaritan Act Does Not Apply to Private Commercial Ambulance Company, But Under Certain Circumstances, Same Company Might Be Entitled to Immunity Under the Fire and Rescue Act
• Gary Jones v. Paul Graziano, et al.
  Case No.: JKB-12-3314 (U.S. District Court for the District of Maryland, April 10, 2013) Plaintiff Fails to State a Claim Under Section 8 of Housing Act Against Individual Housing Authority Employees
• Housing Authority of Baltimore City v. Marie Carter
  Case No.: 2048 (Maryland Court of Special Appeals, May 1, 2013) Baltimore City Verdict in Lead Trial Vacated, and Case Remanded for New Trial
• Thomas, et al. v. Mayor & City Council of Baltimore, et al.
  Civil No., JKB-11-2479 (D. Md. 2013) Plaintiffs Were Unable To Prove Race And Age Discrimination Against The Mayor & City Council of Baltimore
• Genesis Healthcare Corp., et al. v. Laura Symczyk
  Case No.: 11-1059 (U.S. Supreme Court, April 16, 2013) Supreme Court Holds That Fair Labor Standards Act Case Is Not Justiciable Once Lone Plaintiff’s Claim Becomes Moot
• McCravy v. Metro. Life Ins. Co. [McCravy II]
  Nos. 10-1074 and 10-1131 (U.S. Court of Appeals for the Fourth Circuit, July 5, 2012) Fourth Circuit Expands Remedies Available to ERISA Plaintiffs
• Spaulding v. Wells Fargo Bank, N.A.
  No. 12-1973 (U.S. Court of Appeals for the Fourth Circuit, April 19, 2013) Dismissal of Homeowners’ Complaint Based on Mortgage Servicer’s Denial of “HAMP” Mortgage Modification Request Is Affirmed
• Mary LaClair v. Suburban Hospital, Inc.
  United States Court of Appeals for the Fourth Circuit, No. 12-1195 (4th Cir. Apr. 15, 2013) Fourth Circuit Applies Restatement (Second) of Torts to Affirm Maryland District Court Finding that Hospital and Physical Therapy Facility were Joint Tortfeasors
• Appeals for the Fourth Circuit
  No. 12-1649 (4th Cir. Apr. 11, 2013) Fourth Circuit Rejects “Mutual Mistake” Defense Where Relief Sought by Defendant was Better Bargain than Initially Negotiated and Contract Embodied Parties’ Original Intent
• Putt-Putt, LLC v. 416 Constant Friendship, LLC, et al.
  Civil No., 8:12-cv-03018-AW (D. Md. 2013) Use Of The Words “Putt-Putt” In Business Name Leads To Trademark Infringement Suit

April 2013

 

• David Brandford v. Shannon-Baum Signs, Inc.
  Case No.: 12-2116 (U.S. Court of Appeals for the Fourth Circuit, April 4, 2013) Claims of Discrimination and Retaliation Deemed Properly Dismissed by Fourth Circuit
• Renick v. Sperau, et al.
  Civil No., CCB-12-1627 (D. Md. 2013) Compliance With Mandatory Mediation Provision In Real Estate Contract Is Found Futile
• Charlotte McCauley v. Home Loan Investment Bank
  Case No.: 12-1181 (U.S. Court of Appeals for the Fourth Circuit, March 25, 2013) Home Owner’s Claim of Fraud in the Inducement of a Home Financing Contract Not Preempted by Federal Home Owners’ Loan Act
• S. M. v. Dorel Juvenile Group, Inc.
  United States Court of Appeals for the Fourth Circuit, No. 12-1500 (4th Cir., Mar. 25, 2013) Fourth Circuit Upholds Jury Verdict in Favor of Booster Seat Manufacturer Where District Court Allowed Evidence of Manufacturer’s Compliance with 49 C.F.R. § 571.213
• Paul v. Blackburn Limited Partnership d/b/a Country Place Apartments, et al.
  No. 2727 (Court of Special Appeals of Maryland, March 25, 2013) Grant of Summary Judgment in Favor of Defense Overturned in Pool Drowning Case
• City Homes, Inc. v. Hazelwood
  No. 2109 (Court of Special Appeals of Maryland, March 22, 2013) Baltimore City Trial Court Abused Its Discretion in Admitting Testimony of Plaintiff’s Childhood Lead Expert
• James Joyner v. AC & R Insulation Co., et al.
  United States District Court for the District of Maryland, No. CCB-12-2294 (D. Md. Mar. 7, 2013) Maryland District Court Allows Private Government Contractor “Acting Under” Government’s Control to Invoke Federal Officer Jurisdiction, 28 U.S.C. §1442
• Smith v. Giant Food, LLC, et al.
  Civil No., JKB-12-3097 (D. Md. 2013) Plaintiffs’ Tortious Causes of Action Were Not Preempted by § 301 of the Labor Management Relations Act

March 2013

 

• Harrell v. Bealefeld, et al.
  Civil No., CCB-11-3046 (D. Md. 2013) Notice to the State Treasurer and Filing an Internal Affairs Complaint is Insufficient to Satisfy the LGTCA Against the Baltimore City Police Department
• Katrina Okoli v. Mayor and City Council of Baltimore, et al.
  Case No.: 12-2174 (U.S. Court of Appeals for the Fourth Circuit, March 14, 2013) Trial Court’s Reduction of Jury Award to Nominal Damages Affirmed by Fourth Circuit
• Byron Smith v. St. Jude Medical Cardiac Rhythm Management et al.
  United States District Court for the District of Maryland, No. CCB-12-1746 (D. Md. Mar. 15, 2013) Maryland District Court Finds Express Warranty and Negligent Misrepresentation Claims in Pacemaker Case Preempted Under 21 U.S.C. § 360k(a) and Riegel v. Medtronic
• Jana Cantrel v. United States of America
  United States District Court for the District of Maryland, KB-12-2607 (D. Md. Mar. 4, 2013) Maryland District Court Rejects Sovereign Immunity Pursuant to 28 U.S.C. § 2680(h) Where Intentional Tort Claim Against Government was Rooted in Negligence
• Raymond James Financial Services, Inc. v. Peter Cary, et al.
  Case No.: 12-1053 (United States Court of Appeals for the Fourth Circuit, March 8, 2013) Investors Not Deemed to be Customers Cannot Pursue Arbitration Claims Under Financial Industry Regulatory Authority Rules
• Steuart Investment Co. v. The Meyer Group, Ltd.
  Nos. 11-CV-20 & 11-CV-346 (District of Columbia Court of Appeals, March 7, 2013) Landlord Breaches Implied-In-Fact Contract in Failing to Pay Broker’s Commission in Connection with Long-Term Lease Negotiation
• AMEX Assurance Company v. Gary Vincent Giordano
  United States District Court for the District of Maryland, AW-12-cv-2640 (D. Md. Feb. 22, 2013) Maryland District Court Applies Supreme Court Abstention Standards in Fraudulent Death Case and Denies Claimant’s Motion to Dismiss Under 28 U.S.C. § 2201
• Exxon Mobil Corp. v. Albright; Exxon Mobil Corp. v. Ford
  No. 15 (Court of Appeals of Maryland, February 26, 2013); No. 16 (Court of Appeals of Maryland, February 26, 2013)
  Court of Appeals Slashes Jury Verdicts in Exxon Gas Leak Cases
• Mostofi v. Capital One, N.A.
  Civil No., RWT-12-cv-2398 (D. Md. 2013) Advanced Courteous Copies of Filings Is Not Always a Good Idea
• Empire Fire & Marine Ins. Co. v. Carroll Gross, Jr. et al.
  United States District Court for the District of Maryland, CCB-11-3598 (D. Md. Feb. 12, 2013) Maryland District Court Declines to Issue Declaratory Judgment Despite Finding “Actual Controversy” Over Insurance Policy Coverage
• Jacobs v. HP Enterprise Servces, LLC
  No.: JKB-12-3551 (D. Md., February 20, 2013) Employer’s Motion to Dismiss Fraud Claim Was Denied
• Padley v. Suntrust Mortgage, Inc.
  Case No.: 12-890 (D. Md. February 14, 2013) Debtor Fails to Allege Injury from Bank’s Rejection of Short Sale Offers

February 2013

 

• 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
• Donald Shake v. Teresa Gividen, et al.
  Case No.: RDB-12-01496 (United States District Court for the District of Maryland, February 20, 2013) Defamation Action Brought By Former Employee of Veterans Affairs Dismissed Against Individual Defendants and United States Government
• Smith v. Johns Hopkins Community Physicians, Inc.
  No. 1191 (Court of Special Appeals of Maryland, January 23, 2013) Transfer from Baltimore City to Baltimore County on Forum Non Conveniens Grounds Is Upheld on Appeal in a Medical Malpractice Case
• Mitsui Sumitomo Insurance Company v. Duke University Health System
  United States Court of Appeals for the Fourth Circuit, No. 11-2057 (4th Cir. Feb. 11, 2013) Fourth Circuit Applies North Carolina Cause Test and Proximate Cause Theory to Define “Occurrence” by Cause of Injury and Not Effect
• Smith-Myers Corp. d/b/a Smith-Myers Mortgage Group v. Sherill, et al.
  No.: 2034 (Md. App. Jan. 24, 2013) A Defendant Receiving a Notice of Default at its Last Known Address was Sufficient
• Wilson Sporting Good Company v. Edwin Hickox, et ux
  Case No.: 11-CV-0445 (District of Columbia Court of Appeals, January 31, 2013) Jury Verdict Upheld in Product Liability Suit by Major League Baseball Umpire
• Ford Motor Co. v. Boomer
  Record No. 120283 (Supreme Court of Virginia, January 10, 2013) In Mesothelioma Case, Virginia High Court Rejects Maryland’s “Substantial Contributing Factor” Causation Standard and Instead Adopts “Sufficient to Have Caused the Harm” Standard from the Restatement (Third) of Torts
• Meyers v. Baltimore County, Maryland
  Case No.: 11-2192 (4th Cir. February 1, 2013) Office is not Entitled to Summary Judgment on Qualified Immunity After using a Taser Ten (10) Times
• Marquis Neal v. Residential Credit Solutions, Inc.
  United States District Court for the District of Maryland, No. JKB-11-3707 (D. Md. Feb. 1, 2013) Maryland District Court Finds Possible Violation of Consumer Protection Law and Negligent Misrepresentation against Loan Servicer in Home Foreclosure Case
• Metropolitan Group, Inc. v. Meridian Industries, Inc.
  United States Court of Appeals for the Fourth Circuit, No. 12-1932 (4th Cir., Jan. 18, 2013) Fourth Circuit Affirms North Carolina District Court’s Application of “Plain Meaning Rule” in Purchase Agreement Dispute
• National Alliance for Accessibility, Inc. v. Annapolis Plaza, LLC.
  No.: JKB-12-1866 (D. Md. Jan 18, 2013) Another Dismissal for Failing to Follow the Iqbal-Twombly Pleading Standard
• Station Maintenance Solutions, Inc. v. Two Farms, Inc.
  Case No.: 2039 (Maryland Court of Special Appeals, January 24, 2013) Circuit Court Abused Discretion in Entering Default Based on Action of Defendant’s Insurance Carrier

January 2013

 

• Goss v. Bank of America, N.A.
  No.: CCB-12-2680 (D.Md. Jan. 8, 2013) Homeowners’ Home Affordable Modification Program Case Dismissed
• Kiser v. A.W. Chesterton Co., et al.
  Record No. 120698 (Supreme Court of Virginia, January 10, 2013) Virginia High Court Decides Against “Two-Disease Rule” for Asbestos Exposure
• Pease v. Abbott Lab., Inc.
  Case No.: JKB-12-1844 (D. Md. January 16, 2013) Prescription Drugs are not “Consumer Goods” Within the Meaning of the Maryland Consumer Protection Act and Manufacturing Defect Claim Dismissed
• Boyrie v. E & G Property Services, et al.
  No. 11-CV-1631 (District of Columbia Court of Appeals, January 3, 2013) Slip and Fall Plaintiff Was Not A Trespasser As A Matter of Law
• Hammer v. Peninsula Poultry Equip. Co., Inc.
  Case No.: RDB-12-1139 (D. Md. January 10, 2013) Heightened Pleading Standards for Affirmative Defenses
• Young v. UPS, Inc.
  No. 11-2078 (4th Cir. Jan. 9, 2013) Fourth Circuit Court of Appeals finds that Plaintiff Employee Failed to Establish a Viable Claim for Discrimination Based upon Pregnancy
• Gray v. Walt Disney Co.
  No. 10-3000 (D. Md. Jan. 3, 2013) United States District Court Finds Employer Liable for Failing to Provide Sixty-Day Notice before Restaurant Closure
• Lane v. Holder
  No. 11-1847 (4th Cir. Dec. 31, 2012) Fourth Circuit Court of Appeals finds that Handgun Buyers Lacked Standing to Challenge Federal and Virginia Laws Restricting Interstate Handgun Transfers
• U.S. v. $14,250 U.S. Currency
  No. CCB-12-1252 (D. Md. Dec. 21, 2012) Failing to Follow the Strict Rules for Filing a Verified Claim to Forfeited Money Results in Forfeiture
• Decohen v. Capital One, N.A.
  No. 11-2161 (4th Cir. December 26, 2012) Court Permits Interlocutory Sale of Vessel
• Greene v. District of Columbia
  No. 11-CV-1626 (District of Columbia Court of Appeals, December 6, 2012) D.C. Court of Appeals Affirms Condemnation Award
• Quander v. Hillcrest, Davidson, and Associates LLC
  No. 12-1932 (D. Md. Dec. 27, 2012) United States District Court Dismisses Plaintiff’s Claims under the Fair Debt Collections Practices Act as Insufficient under the Supreme Court’s Twombly-Iqbal Standard
• Brown v. Experian Credit Reporting
  No. 12-cv-2048-JKB (D. Md. Dec. 18, 2012) Fair Credit Reporting Act Complaint Dismissed for Insufficient Service of Process, but Pro-Se Plaintiff Granted Leave to Amend Complaint
• Paul v. Delaware Landscape Construction, LLC
  No. 12-cv-2024-JKB (D. Md. Dec. 7, 2012) That a Defendant Leased a Truck in Maryland and Transported Goods from a Maryland Farm were Insufficient for Personal Jurisdiction
• Christine Seney et al. v. Rent-A-Center, Inc., et al.
  Case No.: JKB-12-2347 (U.S. District Court for the District of Maryland, December 18, 2012) Magnuson-Moss Warranty Act Claim Required to be Submitted to Binding Arbitration Under Rental Agreement

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