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E-Alert Case Updates
The case summaries are offered for information-purposes only. They are provided as a courtesy of the Maryland Defense Counsel and the law firms electing to submit the summaries. Neither Maryland Defense Counsel, nor the case summary authors, nor the submitting law firms assume any 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.
These blogs may refer to unreported opinions and pursuant to Md. Rule 1-104, unreported opinions may not be cited in any paper, brief, motion or document filed in the Maryland Court of Appeals, Maryland Court of Special Appeals or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority.
September 2017
- Judith Woolridge v. Lauren Abrishami, et al.
No. 744 (Court of Special Appeals of Maryland) Contributory Negligence Defense Not Waived Even If Not Reasserted By Defendant In Discovery Or Pretrial Statement
by Colleen K. O’Brien, Associate & Paige A. Neville, Law Clerk
Wilson Elser LLP (www.wilsonelser.com)
- Richard and Daphne Ceccone v. Carroll Home Services, LLC
No. 85 (Court of Appeals of Maryland) by Colleen K. O’Brien, Associate & Paige Maryland Court of Appeals Discusses Exceptions to Shortening the Statute of Limitations by Contract
by Colleen K. O’Brien, Associate & Paige A. Neville, Law Clerk
Wilson Elser LLP (www.wilsonelser.com)
- Deborah A. Sigethy, et al. v. Bryan Klepper, et al.
No.016 (Unreported - Court of Special Appeals of Maryland) Maryland Court of Special Appeals Applies the Common Law Discovery Rule to Revive Plaintiff’s Time-Barred Medical Malpractice Suit
by Colleen K. O’Brien, Associate & Paige A. Neville, Law Clerk
Wilson Elser LLP (www.wilsonelser.com)
July 2017
- Deer Automotive Group. LLC t/a Liberty Ford v. Barbara Brown, et al.
No.62 (Court of Appeals of Maryland) Order Denying Petition to Compel Arbitration Was Not Immediately Appealable Where Another Matter Was Pending Between the Same Parties Regarding the Same Substantive Dispute
by Colleen K. O’Brien, Associate & Paige A. Neville, Law Clerk
Wilson Elser LLP (www.wilsonelser.com)
- Cassandra Parker, Individually and as Personal Representative of Her Son, Craig Junior Parker, Deceased, et al. v. William Hamilton, et al.
No. 78 (Court of Appeals of Maryland) Maryland Court of Appeals Rules That a Minor’s Wrongful Death Claims are Tolled during the Period of Minority
by
Colleen K. O’Brien, Associate & Paige A. Neville, Law Clerk
Wilson Elser LLP (www.wilsonelser.com)
- Marrick Homes LLC, et al. v. Adam Rutkowski, et al.
No. 655 (Court of Special Appeals of Maryland) Maryland Court of Special Appeals Adopts § 424 of the Restatement (Second) of Torts and Holds that General Contractor Can Be Liable for Harm Caused by its Employee Subcontractor when the Subcontractor Causes Personal Injury by Violating Building Code Safety Measures
by Colleen K. O’Brien, Associate & Paige A. Neville, Law Clerk
Wilson Elser LLP (www.wilsonelser.com)
June 2017
May 2017
- B.B., by and through his Parents, Catherine B. and Jimmy B. v. Delaware College Preparatory Academy, et al.
Civil Action No. 16-806-SLR (United States District Court for the District of Delaware) U.S. District Court Dismisses Disability Case As Untimely
- Valerie Heneberry v. Bashar Pharoan
No. 2440 (Court of Special Appeals of Maryland) Maryland Court of Special Appeals Affirms that Breach of Contract Claims Related to Medical Malpractice Require an Additional Promise or Warranty
- Michelle Papanicolas v. Project Execution and Control Consulting, LLC
No. 16-1398 (United States Court of Appeals for the Fourth Circuit) Recent Fourth Circuit Opinion Reminds Attorneys that You May Not be a Mathematician, but You Should Still Check Your Math
- Balfour Beatty Infrastructure, Inc. v. Mayor & City Council of Baltimore
No. 16-1322 (4th Cir. April 25, 2017) Fourth Circuit Affirms the Dismissal of a Construction Company’s Case for Failure to Exhaust Administrative Remedies
- Bonfire, LLC v. Michael R. Zacharia, et al.
Civil Action No. 16-1538 (April 25, 2017) United States District Court for the District of Columbia Court Dismisses Breach of Contract Case Finding Oral Agreement Invalid
- Frank R. Nerenhausen, et al. v. Washco Management Corp. et al.
Civil No. JKB-15-1313 (United States District Court of Maryland) United States District Court of Maryland Rules in Favor of Landlord by Finding Exculpatory Clause Valid
April 2017
- California Insurance Guaranty Association v. Sylvia Matthews Burwell
No. 2:15-cv-01113-ODW (United States District Court for the Central District of California) United States District Court for the Central District of California Finds that Medicaid Cannot Seek Reimbursement from Primary Plan for Payouts Not Related to the Claim
- LVNV Funding, LLC v. Harling
CA No. 16-1346 (4th Cir. Mar. 30, 2017). United States Court of Appeals for the Fourth Circuit Fourth Circuit Bars Unsecured Creditors Claim for Res Judicata in Chapter 13 Bankruptcy Controversy
- Mariam Toraish v. James Jay Lee
No. 160495 (April 13, 2017) Supreme Court of Virginia Court Holds Doctor’s Differential Diagnosis Was Improperly Admitted Into Evidence
- Kashawna Holmes v. University of the District of Columbia
Civil Action No. 15-2169 (March 23, 2017) United States District Court for the District of Columbia United States District Court for the District of Columbia Denies University’s Motion to Dismiss Employee’s Claims of Discrimination and Retaliatory Action After Terminating Employment Following High Risk Pregnancy
- Livery Coach Solutions, LLC v. Music Express/East, Inc.
Civ. No. 16-143 LPS (March 29, 2017) United States District Court for the District of Delaware United States District Court for the District of Delaware Denies Software Company’s Motion to Dismiss After Fraudulently Inducing and Misrepresenting Software to Purchaser
- Jennifer Kimbler v. Kevin Spear, et al.
No. 1:16CV00047 (April 11, 2017) United States District Court for the Western District of Virginia Before Ruling on Motion for Summary Judgment, Court Grants Plaintiff Limited Discovery in Defamation Suit
- Barton v. Constellium Rolled Products-Ravenswood, LLC
No. 16-1103 (4th Cir. Mar. 22, 2017). United States Court of Appeals for the Fourth Circuit Fourth Circuit Applies the Tackett Test to a Collective-Bargaining Agreement and Finds that the Employees’ Benefits did not Vest
- Kimberley Hughes Johnson v. University of Maryland Medical System Corporation, et al.
No. 396 (March 21, 2017) Court of Special Appeals of Maryland Maryland Court of Special Appeals Rejects General Corporate Negligence and Apparent Agency Arguments in Medical Malpractice Case
- David E. Mann & Vera D. Mann v. Constant Ottro Bahi, et al.
Civil Action No. 16-949 (March 17, 2017) United States District Court for the District of Columbia United States District Court for the District of Columbia Denies Healthcare Provider’s Motion to Dismiss Plaintiffs’ Intentional Infliction of Emotional Distress Claim After Stealing Valuables From Elderly Couple
March 2017
- Gina Coutlakis v. CSX Transportation, Inc.
No. 160277-CEP (Va. Mar. 9, 2017) The Supreme Court of Virginia Virginia Supreme Court Puts Plaintiff’s Claim for Application of the Last Clear Chance Doctrine in Railroad Accident Back on Track.
- Jeanne Ellis v. Samira Jones
No. 2238 (Court of Special Appeals of Maryland) Maryland Court of Special Appeals Remands Case Back to the Circuit Court to Determine Whether Admission of Earlier Will Was Properly Denied
- Jatinder Sharma v. USA Int’l, LLC
No. 15-2188 (4th Cir. Mar. 17, 2017) United States Court of Appeals for the Fourth Circuit Fast Food Fraud: Fourth Circuit Finds that Plaintiffs Presented Sufficient Evidence of Damages from Fraud in the Sale of Several Fast Food Restaurants
- Lord & Taylor, LLC v. White Flint, L.P.
No. 15-1995 (4th Cir. Feb. 28, 2017) United States Court of Appeals for the Fourth Circuit Fourth Circuit Sustains District Court’s Jury Instructions and Evidentiary Rulings in Contract Dispute Between Lord & Taylor and White Flint Mall
- Judy Kay Miskell v. Alan Rohrer
No. 2621 (Court of Special Appeals of Maryland) Maryland Court of Special Appeals Finds Appellant’s Brief So Incoherent that it Refuses to Discuss the Merits of a Motion to Dismiss her Medical Malpractice Claim
- Ellen B. Thomas v. Omni Hotels Management Corp.
Civil Action No. 5:15-cv-00086 (March 7, 2017) United States District Court for the Western District of Virginia U.S. District Court for the Western District of Virginia finds that plaintiff cannot recover for personal injuries sustained during a slip and fall at Virginia resort
- Washington, et al. v. Preferred Commc’n Sys., Inc.
No. 436, 2016 (Del. Feb. 27, 2017). The Supreme Court of the State of Delaware Delaware Supreme Court Finds Breach of Obligation to Provide Warrants to be Within the Definition of “Indebtedness”, Triggering the Fee-Shifting Provision of the Parties’ Promissory Note
- Watson v. McDonald
No. 15-1715 (4th Cir. Feb. 6, 2017). United States Court of Appeals for the Fourth Circuit Speculative Future Harm Won’t Stand: Fourth Circuit Affirms Dismissal for Lack of Standing of Appellants’ Claims Resulting from Compromised Medical Information
- Michael Clair & Douglas Buckley v. Virginia Marine Resources Commission, et al.
Record No. 1006-16-1 (Court of Appeals of Virginia) Virginia Court of Appeals Reverse Circuit Court, Finding that Appellants had no Standing to Contest Distribution of Public Oyster Beds and Reserves
- Noemie S. Francis v. National Accrediting Commission of Career Arts & Sciences, Inc.
No. 160267 (February 23, 2017) Supreme Court of Virginia The Supreme Court of Virginia holds that an at-will employee who was terminated failed to state a claim for wrongful termination under the Bowman exception.
- Kesslyn Brade Stennis v. Bowie State University
No. RWT 16-cv-1362 (February 16, 2017) United States District Court for the District of Maryland The United States District Court for the District of Maryland dismisses professor’s complaint alleging unlawful retaliation, finding that she failed to show that her actions were a protected activity and that an adverse employment action was taken against her.
February 2017
- Richard Crouse & George T. Winningham v. Town of Moncks Corner
No. 16-1039 (February 15, 2017) United States Court of Appeals for the Fourth Circuit The U.S. Court of Appeals for the Fourth Circuit holds that a police chief is entitled to qualified immunity when a government employee claims retaliation for exercising First Amendment rights.
- Board of Liquor License Comm’rs for Baltimore City v. Steven Kougl, et al.
No. 43 (Md. Ct. App. February 17, 2017) What You Don’t Know Might Hurt You: Court of Appeals Imposes Strict Liability on Liquor Licensee for Illegal Activity on Licensee’s Premises
- Howard E. Nease & Nancy Nease v. Ford Motor Company
No. 15-1950 (United States Court of Appeals for the Fourth District) Fourth Circuit Applies Daubert in Reversing and Remanding West Virginia District Court in Favor of Defendants
- Iraq Middle Market Development Foundation v. Mohammad Ali Mohammad Harmoosh
No. 16-1403, (United States Court of Appeals for the Fourth Circuit, February 2, 2017) Did Debtor Lose His Right to Arbitrate by Utilizing a Foreign Judicial Process?
- Nancy Loftus v. David Bobzien
No. 15-2164 (February 8, 2017) United States Court of Appeals for the Fourth Circuit The U.S. Court of Appeals for the Fourth Circuit holds that a public employee may be lawfully terminated when elected to public office because of inevitable conflicts of interest.
- Triple Up Limited v. Youku Tudou Inc.
(January 24, 2017) United States District Court for the District of Columbia Mere Accessibility of Website Remains Insufficient to Confer Personal Jurisdiction
- White Marlin Open, Inc. et al. v. Phillip G. Heasley
No. RDB-16-3105 (United States District Court for the District of Maryland) U.S. District Court for the District of Maryland Refuses to Dismiss Plaintiff but Determines Plaintiff’s Demand for Five Times Attorney’s Fees Constituted a Penalty
- 331DC, LLC, et al. v. Dassault Falcon Jet Wilmington Corp.
Case No. 15-1217-LPS (United States District Court for the District of Delaware, January 27, 2017) Federal District Court Examines Contract Interpretation Principles
- Alex Kukich, individually and on behalf of all others similarly situated, v. Electrolux Home Products, Inc.
No. ELH-16-3412 (United States District Court for the District of Maryland) U.S. District Court for the District of Maryland Transfers Class-Action to the Middle District of Pennsylvania
- Matthew T. Mayr, et al. v. Catherine Osborne, Administrator of the Estate of Michael J. Osborne
No. 151985 (February 2, 2017) Supreme Court of Virginia In a case of first impression, the Virginia Supreme Court limits scenarios in which a physician may be held liable for battery.
- Julie Ward v. Marjorie L. Lassiter
(January 13, 2017) Court of Special Appeals of Maryland COSA Sheds Light on Impact of Litigants’ Agreement in Principle to Settle a Case
January 2017
- Benjamin R. Mitchell, et al. v. Samuel R. Cooper, et al.
Case No. 14-1421-LPS (United States District Court for the District of Delaware, January 9, 2017) Federal District Court Examines Protectable Property Interests Regarding Promotions
- Keystone Northeast, Inc. v. Keystone Retaining Wall Systems, LLC
No. 15-1457, (United States Court of Appeals for the Fourth Circuit, January 18, 2017) Fourth Circuit Rules on Breach of Intellectual Property License Agreement
- Yueh-Lan Wang v. New Mighty U.S. Trust, et al.
No. 1:10-cv-01743 (United States Court of Appeals for the Columbia, December 9, 2016) Federal Appellate Court Reverses District Court Ruling in Light of New Supreme Court Case
- Crystallex International Corp. v. Petróleos de Venezuela, S.A., et al.
Case No. 15-1082-LPS (United States District Court for the District of Delaware, December 27, 2016) Delaware Federal Court Examines Requirements for Interlocutory Review
- CX Reinsurance Company Ltd. v. Leader Realty Company, et al.
No. JKB-15-3054, (United States District Court for the District of Maryland, January 10, 2017) Maryland Federal Court Considers Rule 24 Motions to Intervene by Lead Paint Plaintiffs
- Ioengine, LLC v. Imation Corp., et al.
Case No. 14-1572-GMS (United States District Court for the District of Delaware, January 4, 2017) Delaware Federal Court Examines Standing Requirements
- In re: Lipitor (Atorvastatin Calcium) Marketing, Sales Practices and Products Liability Litigation
MDL No. 2:14-mn-02502-RMG (United States District Court for the District of South Carolina, Charleston Division, November 1, 2016) U.S. District Court in South Carolina decides Michigan Case in Favor of Preemption
No. 15-1899, (United States Court of Appeals for the Fourth Circuit, December 22, 2016) Fourth Circuit Dismisses Sports Agent’s UDTPA and Civil Conspiracy Claims - Effie Dolan v. Christopher McQuaide
(December 14, 2016) Court of Special Appeals of Maryland Court of Special Appeals Adopts the “Last Rendition of Services” Test for Unjust Enrichment Claims
- United States of America v. Energy Solutions, Inc., et al.
Case No. 16-cv-01056-GMS (United States District Court for the District of Delaware, December 21, 2016) Delaware Federal Court Examines Standards for Motions to Transfer Venue
- Unwired Solutions, Inc. v. Ohio Security Insurance Co.
(December 8, 2016) United States District Court for the District of Maryland Known Loss and Fortuity Doctrines Did Not Obviate Insurer’s Duties to Defend and Indemnify
December 2016
- Evonik Degussa GMBH v. Materia, Inc.
Case No. 09-636 (United States District Court for the District of Delaware, December 14, 2016) Federal Court Examines Sanctions For Failing To Produce Documents Timely
- Herbert E. Liverman, et al. v. City of Petersburg, et al.
No. 15-2207, (United States Court of Appeals for the Fourth Circuit, December 15, 2016) Fourth Circuit Considers Employee Challenge to Police Department Social Media Policy
- Johnnie Parker v. John Moriarty & Assocs., et al.
(December 2, 2016) United States District Court for the District of Columbia Intervention Not Warranted Where Sole Basis Is Protection of Intervenor’s Interest in Recovering Damages from Plaintiff on Unrelated Claims
- Heather P. Peirce v. Linda Fazenbaker
(November 28, 2016) Court of Special Appeals of Maryland Classification of Prescription Medicine Is Properly Subject of Judicial Notice, and Notice May Be Taken in Rebuttal Case
- Dreamstreet Investments, Inc. v. MidCountry Bank
No. 15-2104, (United States Court of Appeals for the Fourth Circuit, November 30, 2016) Fourth Circuit Affirms Summary Judgment In Dispute Over Seller Holdback Agreement
- Rosemarie T. Martin, et al. v. Lehigh Cement Company, LLC
(November 16, 2016) Court of Special Appeals of Maryland Private Contractor Who Assisted in Design and Finance of Public Road Owed No Duty to Individuals Using Road
- Richard A. Pressl, et al. v. Appalachian Power Company
No. 15-2348, (United States Court of Appeals for the Fourth Circuit, November 21, 2016) Virginia Property Dispute is Matter of State Law Despite Easement Holder Possessing a Federal License
- Enrique Torruella-Torres v. FCI Fort Dix, et al.
Case No. 16-920-SLR (United States District Court for the District of Delaware, November 22, 2016) Federal Court Examines Bivens Actions Seeking Damages From Federal Officers
November 2016
- Marcus Elton Henderson v. Department of Corrections, et al.
Case No. 16-805-SLR (United States District Court for the District of Delaware, November 15, 2016) Federal Court Examines Inmate’s Civil Claims For Failure to Provide Proper Medical Care
- Mary Lou Fieni v. Dr. John B. Townsend, III and Division of Professional Regulation
Case No. 16-113-SLR (United States District Court for the District of Delaware, October 28, 2016) Federal Court Examines Civil Claims Against Physicians and State Regulatory Agencies
- MarkWest Liberty Midstream & Resources, L.L.C. v. Bilfinger Westcon, Inc.
(November 4, 2016) United States District Court for the Northern District of West Virginia Northern District of West Virginia: Master Limited Partnerships Have Citizenship of Each of Their Public Unitholders
- Ryan McDonald v. Amazon, Inc., et al.
(November 10, 2016) United States District Court for the District of Maryland Negligent Failure to Warn Claim against Amazon Barred by Communications Decency Act in Products Liability Case
- Masoud Sharif v. United Airlines, Inc., et al.
No. 15-1747, (United States Court of Appeals for the Fourth Circuit, October 31, 2016) 4th Circuit Tosses FMLA Suit After Worker Caught Requesting Leave on Vacation
- The Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC
No. 14-1944, (United States Court of Appeals for the Fourth Circuit, April 16, 2016) Fourth Circuit Holds that Insurer Must Defend Insured In Data Breach Case
- Claude P. Lacombe v. Sergeant Kevin R. McKenna, et al.
Case No. 16-198-LPS (United States District Court for the District of Delaware, November 9, 2016) Delaware Federal Court Examines Inmate’s Civil Claim For Procedural Due Process Violations
- John T. Mitchell v. Maryland Motor Vehicle Administration
(October 28, 2016) Court of Appeals of Maryland MVA May Ban Profane Messages on Vanity License Plates
- Pride Manufacturing Company, LLC v. Evolve Golf, Inc.
Case No. 15-1034-SLR (United States District Court for the District of Delaware, October 31, 2016) Delaware Federal Court Examines Subject Matter Jurisdiction for Declaratory Judgments
- Venancio Aguasanta Arias, et al. v. DynCorp, et al.
(September 23, 2016) United States District Court for the District of Columbia Ecuadorians Sprayed with Pesticides by American Corporation Permitted to Proceed to Trial on Battery and Emotional Distress Claims
Case No. 14-1205-RGA/MPT (United States District Court for the District of Delaware, October 24, 2016) Delaware Federal Court Examines Disability Discrimination Claims Under the ADA - Shilmann Rocbit, LLC v. American Blasting Consumables, Inc.
No. 2:16-cv-0675, (United States District Court for the Southern District of West Virginia, October 4, 2016) Federal Judge Rules Rival West Virginia Mining Suppliers Must Arbitrate Dispute in South Africa
October 2016
- James St. Louis v. Karl Haller, et al.
Case No. 16-356-SLR (United States District Court for the District of Delaware, October 17, 2016) Delaware Federal Court Examines Tolling Limitations for Civil Claims by Inmates
- Dr. Jani Associates, LLC v. Daniel S. Smithpeter, M.D.
(October 14, 2016) Court of Special Appeals of Maryland Asset Purchaser’s Actions Subjected Itself to Garnishment Following Lawsuit by Purchased Company’s Former Employee
- Robert Jordan, et al. v. Susan Osmun, et al.
(September 29, 2016) United States District Court for the Eastern District of Virginia Attorneys-in-Fact Are Not Real Parties in Interest in Lawsuit Brought on Behalf of Principal for Diversity Purposes
- Seneca One Finance, Inc. v. Kris Bloshuk
(October 5, 2016) United States District Court for the District of Maryland Non-Competition and Non-Solicitation Clauses in Employment Contract Held Unenforceable
- Turhan Blenman v. Dover Police Department, et al.
Case No. 16-402-SLR (United States District Court for the District of Delaware, October 12, 2016) Delaware Federal Court Examines Civil Claims for Unconstitutional Conviction
- Kerry Evans v. Joshua Shores, et al.
(September 8, 2016) Court of Special Appeals of Maryland Plaintiff’s Observations of Defendant Drinking Alcohol Were Sufficient to Establish That She Assumed the Risk of a Car Accident by Riding in a Vehicle Driven by Defendant
- Manal Kiriakos v. Brandon Phillips; Nancy Dankos v. Linda Stapf
448 Md. 440 (2016) Court of Appeals Addresses Liability of Adults Who Allow Minors to Drink on Their Property
- Misty Simms v. United States of America and Richard Booth, M.D.
15-2161, (United States Court of Appeals for the Fourth Circuit, October 7, 2016) Fourth Circuit Rejects Challenges to Damages Calculation $12M Wrongful Birth Award; Remands for Collateral Source Hearing
- Lester Blount v. Jeh Johnson
(September 22, 2016) United States District Court for the District of Columbia Settlement Agreement Barred EEO Claim That Had Arisen but Had Not Been Filed As of Date of Settlement Agreement
- Melissa McCourt v. USA Auto Mall, Inc.
Case No. 12-857-LPS (United States District Court for the District of Delaware, September 27, 2016) Delaware Federal Court Examines Motions to Dismiss for Failure to Prosecute
- Eliza Parham v. CIH Properties, Inc., et al.
Case No. 14-cv-1613 (GMH) United States District Court for the District of Columbia Leak in Apartment Constituted Breach of Contract, But Plaintiff Was Entitled to Only Nominal Damages
- Hensel Phelps Construction Co. v. Cooper Carry, Inc.
(September 27, 2016) In Phased Construction Project, Statute of Limitations Runs from Time of Breach, Not Time of Substantial Completion
September 2016
- Joseph D. Chapman v. Asbury Automotive Group, Inc.
(September 7, 2016) United States District Court for the Eastern District of Virginia Employee’s Termination Shortly before Vesting of Performance Award Stock Did Not Constitute Breach of the Award Agreement
- Holiday Motor Corporation, et al. v. Shannon B. Walters
Case No. 15031 (Supreme Court of Virginia, September 8, 2016) Virginia Supreme Court Overturns $20 Million Jury Verdict; Holds Mazda Has No Duty to Implement Rollover Protection Features on Soft Top Convertibles
- The Hawk Mountain LLC, et al. v. Raymond A. Mirra, Jr., et al.
Case No. 13-2083-SLR/SRF (United States District Court for the District of Delaware, August 31, 2016) Delaware Federal Court Examines Pleading Requirements for Civil RICO Claims
- Snider-Jefferson v. Amigo Mobility Int'l, Inc.
2:15-CV-406, 2016 WL 4424954 (E.D. Va. Aug. 17, 2016) Expert in product liability case must opine to more than the existence of a better design.
- M. Denise Tolliver v. Trinity Parish Foundation, et al.
Case No. 14-1021-LPS (United States District Court for the District of Delaware, August 31, 2016) Delaware Federal Court Examines Motions to Disqualify Opposing Counsel
- Barbara Richardson v. Spirit Cruises, LLC
(August 26, 2016) United States District Court for the Eastern District of Virginia Plaintiff Failed to Adduce Any Evidence that Slip and Fall on Boat Was Caused by Water at Location of Accident
- Chantal Attias, et al. v. CareFirst, Inc., et al.
(August 10, 2016) United States District Court for the District of Columbia Plaintiffs Lacked Standing to Sue CareFirst Over Personal Information Stolen in Data Breach
- Felder v. Washington Metropolitan Area Transit Authority
153 F. Supp.3d 221 (2015) WMATA’s post-accident investigation reports provided limited privilege to discovery.
- Deborah Jester v. State of Delaware Dept. of Safety, et al.
Case No. 14-1124-LPS (United States District Court for the District of Delaware, August 26, 2016) Delaware Federal Court Examines Requirements for Motions for Reconsideration
- Matthew Jones v. Dr. Khalid Mirza, et al.
Case No. 15-1017-RGA (United States District Court for the District of Delaware, August 8, 2016) Delaware Federal Court Examines Requirements for Claims Against State Hospitals
August 2016
- Derek S. Jeter, et al. v. RevolutionWear, Inc.
C.A. No. 11706-VCG (Del. Ch. July 19, 2016). Chancery Court of the State of Delaware Delaware Chancery Court Keeps Derek Jeter in Hot Water over Turbulent Reverse-Endorsement Agreement
- Donna Marsden v. District of Columbia
No. 15-CV-106t8 (July 14, 2016) District of Columbia Court of Appeals D.C. Court of Appeals reverses and remands finding of unjust enrichment for denied disability claim
- Sye Christopher-Rashaud Newton v. City of Wilmington, et al.
Case No. 16-267-SLR (United States District Court for the District of Delaware, July 20, 2016) Delaware Federal Court Examines Requirements for Civil Rights Claims Against Judges, Prosecutors, and Defense Attorneys
- In re Xoom Corp. Stockholder Litig.
C.A. No. 11262-VCG (Del. Ch. Aug. 4, 2016). Chancery Court of the State of Delaware In Mootness Proceeding, Delaware Chancery Court Awards Plaintiffs “Modest” Attorneys’ Fees
- Kenneth English v. Reed Trucking
C.A. N15A-05-007 (July 6, 2016) The Superior Court of the State of Delaware Delaware Court affirms Industrial Accident Board determination that stipulated impairment percentage constitutes an “award” for payment of medical witness fees
- Sarah Landise v. Thomas Mauro
No. 13-CV-1040 (June 30, 2016) District of Columbia Court of Appeals D.C. Court of Appeals reverses Superior Court finding that delay in accounting process was caused by Plaintiff’s failure to prosecute her case
- Immanuel v. Comptroller of Maryland
No. 22-C-12-000750 (Md. July 12, 2016). Court of Appeals of Maryland In Maryland Public Information Act Dispute, Court Upholds Exemption of Private Financial Information
- Thomas E. Noble v. The State of Delaware, Governor Jack Markell, and Anyone Else Responsible
Case No. 16-188-SLR (United States District Court for the District of Delaware, July 11, 2016) Delaware Federal Court Examines Requirements for Civil Rights Claims Against States and State Governors
- In re Appraisal of DFC Global Corp.
No. 10107-CB (Del. Ch. July 8, 2016). Court of Chancery of the State of Delaware In Shareholder Appraisal Action, Court Adjusts Price per Share Valuation
- Karen E. Greene v. Harris Corporation & Harl Dan Pierce
No. 14-1601 (June 22, 2016) United States Court of Appeals for the Fourth Circuit. In an unpublished opinion, the Fourth Circuit affirms United States District Court of the District of Maryland ruling that Lesbian Plaintiff had not proven Defendant was her “Employer” for the purposes of Employment Discrimination under Howard County, Maryland Code §§ 12.208, I(a) and II(a)(1)
No. 126 (June 29, 2016) The Court of Special Appeals of Maryland. Maryland Court of Special Appeals holds that appointment of a guardian for a mentally incompetent person “removes the disability” under tolling statutes - Robin Altstatt Scarborough, et al. v. Leslie Altstatt
(June 30, 2016) Court of Special Appeals of Maryland Dissociative Amnesia Regarding Childhood Sexual Abuse Does Not Toll Statute of Limitations for Civil Actions
July 2016
- Arson I. Gibbs, Sr. v. Robert Coupe, et al.
Case No. 14-790-SLR (United States District Court for the District of Delaware, June 20, 2016) Delaware Federal Court Examines Pleading Requirements for Civil Rights Claims Against Prison Staff and Vendors
- Solers, Inc. v. Internal Revenue Service
No. 15-1608 (4th Cir. June 30, 2016). United States Court of Appeals for the Fourth Circuit In Freedom of Information Act Dispute, Fourth Circuit Upholds Defendant’s Decision to Redact and Withhold Certain Documents
- Williams Co., Inc. v. Energy Transfer Equity, L.P.., C.A.
No. 12168-VCG (Del. Ch. June 24, 2016) Court of Chancery of the State of Delaware In Merger Dispute, Plaintiff’s Request to Enjoin Defendants from Terminating Merger Agreement is Denied
June 2016
- Laborers’ Dist. Council Constr. Indus. Pension Fund & Hallandale Beach Police Officers et al., derivatively on behalf of Lululemon Athletica, Inc., Plaintiffs, v. Robert Bensoussan et al., Defendants, Lululemon Athletica, Inc., a Delaware corporation, Nominal Defendant
No. 11293-CB (Del. Ch. June 14, 2016). Court of Chancery of the State of Delaware In Stockholder Derivative Suit, Stockholder Complaint is Dismissed in its Entirety
- Ernest Parson, et al. v. Perry Phelps, et al.
Case No. 15-325-SLR (United States District Court for the District of Delaware, June 20, 2016) Delaware Federal Court Examines Pleading Requirements for Civil Rights Claims Against Prison Officials
- Rocky Dietz v. Hillary Bouldin
(June 9, 2016) Supreme Court of the United States Federal District Courts Have Inherent Power to Rescind Discharge Orders and Recall Juries
- AMT Homes, LLC v. Jeremy K. Fishman, et al.
No. 757 (June 2, 2016), The Court of Special Appeals of Maryland. The Maryland Court of Special Appeals rules that a purchaser of property at a foreclosure sale is not entitled to abatement of interest due to a delay in ratification of sale caused by the court
- In re Diamondhead Casino Corp.
No. 15-11647 (LSS) (Bankr. D. Del. June 7, 2016). U.S. Bankruptcy Court for the District of Delaware In Involuntary Bankruptcy Petition Case, Alleged Debtor’s Motion to Dismiss is Granted.
- United States v. All Assets Held at Bank Julius Baer & Co.
Civ. No. 04-798 (PLF/GMH) (D.D.C. June 3, 2016) U.S. District Court for the District of Columbia In Asset Forfeiture Action, Claimant’s Motion for Protective Order Relating to IRS Private Letter Ruling is Denied
- Steven Berg v. Susan Berg
(June 2, 2016) Court of Special Appeals of Maryland Article IV, Section 22 of the Maryland Constitution Permits an In Banc Panel to Hear Appeals from Judgments Not Stemming from Merit Trials
- Marvin Green v. Megan J. Brennan, Postmaster General
No. 14-613 (May 23, 2016) Supreme Court of the United States The Supreme Court of the United States finds that the limitations period for a constructive-discharge claim, under Title VII of the Civil Rights Act, commences upon an employee’s notice of intent to resign
- United States Securities and Exchange Commission v. China Infrastructure Investment Corp.
Civ. No. 15-cv-00307 (May 26, 2016) U.S. District Court for the District of Columbia In Federal Securities Regulation Case, Default Judgment Is Entered Against Defendants and Injunctive and Civil Remedies Are Imposed
- Arbogast v. A.W. Chesterton Co.
Civ. No. JKB-14-4049 (May 18, 2016) U.S. District Court for the District of Maryland In Federal Asbestos Personal Injury Case, Plaintiff’s Expert Dr. Vance Is Excluded, and Defendant GE Prevails on Summary Judgment
- Ashley Bond v. Zale Delaware, Inc.
(May 17, 2016) United States District Court for the Northern District of West Virginia Attorneys’ Fees Cannot Be Imputed to Named Plaintiffs in Class Action Cases for Purposes of Establishing the Amount in Controversy Requirement
- Glycobiosciences v. Innocutis Holdings, LLC, et al.
(May 24, 2016) United States District Court for the District of Columbia Trade Secret Claims Related to Misuse of Information Provided under Information Sharing Agreements “Arose Under” the Agreements and Were Therefore Subject to Forum Selection Clauses
May 2016
- Kelley v. Enhanced Recovery Company, LLC
Case No. 5:15CV10 (United States District Court for the Northern District of West Virginia, April 18, 2016) West Virginia Federal Court Examines What Constitutes “Good Cause” To Modify A Scheduling Order Under Federal Rule of Civil Procedure 16
- Larry Klayman v. Judicial Watch, Inc.
(May 4, 2016) United States District Court for the District of Columbia Permissive Forum Selection Clauses Do Not Waive Right to Rely on Forum Defendant Rule
- Scheing v. Fountain
Case No. 15-1028-RGA (United States District Court for the District of Delaware, May 18, 2016) Delaware Federal Court Examines Pleading Requirements For False Arrest, False Imprisonment, and Malicious Prosecution Claims
- Verdiner v. Washington Metropolitan Area Transit Authority
No. 8:2015cv02612, WMATA immunity does not extend to failure to adhere to its own policies.
- Dana Blevins, et al. v. Jacob Piatt, et al.
(December 4, 2015) United States District Court for the District of Maryland Allegation in Complaint That Car Was a Total Loss Struck, but Allegations Regarding Seatbelt Usage and Drug Charges against Defendant Were Proper
- Everything You Need to Know About The Indigo Book
(May 2016)
- Hughes, Chairman, Maryland Public Service Commission, et al. v. Talen Energy Marketing, LLC
No. 14-614 (Supreme Court of the United States, April 19, 2016) Federal Power Act Preempts Maryland Program Designed to Incentivize In-State Electricity Generation
- Thomas J. Pernice, et al. v. Eric Bovim, et al.
(April 22, 2016) United States District Court for the District of Columbia Employer That Alleged Contractor Had Performed Minimally under the Contract Did Not Fail to State a Claim
- Brenda L. Robinson v. Boston Scientific Corporation
No. 15-1441, (U.S. Court of Appeals for the Fourth Circuit, April 26, 2016) Fourth Circuit Concludes Utah Woman’s Transvaginal Mesh Suit Barred by Statute of Limitations
- Segway Inc., et al. v. Inventist, Inc.
Case No. 15-808-SLR (United States District Court for the District of Delaware, April 25, 2016) Delaware Federal Court Examines Modern Analytical Framework for Motions to Transfer Patent Infringement Lawsuits
April 2016
- Maryland General Assembly Wraps Up 2016 Legislative Session
(April 2016)
- Nathan Benson v. Chief Edwin Cooke, individually and in his capacity as a Town of Blades Police Officer, and Town of Blades, Delaware
Case No. 15-858-GMS (United States District Court for the District of Delaware, April 15, 2016) Delaware Federal Court Examines the Doctrine of Qualified Immunity and the Law of Constructive Discharge
- Paul A. Mahon v. Anesthesia Business Consultants, LLC
(April 13, 2016) United States District Court for the District of Columbia Creditor Did Not Violate Fair Debt Collection Practices Act in Using a False Name
- Terrylene Sacchetti, et al. v. Gallaudet University, et al.
(April 20, 2016) United States District Court for the District of Columbia University Owed No Duty to Protect Decedent from Self-Inflicted Harm, but May be Held Liable for False Arrest
- Anthony W. Gunzl v. Larry Stewart, et al.
Case No. 15-1160-SLR (United States District Court for the District of Delaware, April 6, 2016) Delaware Federal Court Examines Judicial Immunity and Subject Matter Jurisdiction Issues Regarding Lawsuits Challenging State Court Decisions
- Baltimore County v. Buck Consultants, LLC
(March 29, 2016) United States District Court for the District of Maryland Indemnity Claims for Damages Incurred as Penalty for Violation of Age Discrimination in Employment Act Are Preempted
- Gladney v. American Western Home Insurance Company
(April 6, 2016) United States District Court for the District of Maryland Insurers Not Liable in Tort or under the Maryland Consumer Protection Act for Failure to Settle Claim with Insured
- Moran Perry v. Asphalt & Concrete Services, Inc.
No. 27, (Court of Appeals of Maryland, March 28, 2016) Evidence of Lack of Insurance Irrelevant and Inadmissible in Negligent Hiring Claim
- John L. Hopkins v. Concorde Career Colleges, Inc.
Case No. 15-206-LPS (United States District Court for the District of Delaware, March 29, 2016) Delaware Federal Court Examines Pleading Standard for Fraudulent Inducement Claims Under Delaware Law
- Michael Ferguson v. National Freight, Inc., et al.
(March 22, 2016) United States District Court for the Western District of Virginia Expert Precluded from Testifying as to Time of Vehicle Collision and Speed of Other Vehicle Based on Data Obtained from Event Data Recorder
- Ricky Henson, et al. v. Santander Consumer USA, Inc.
No. 15-1187, (U.S. Court of Appeals for the Fourth Circuit, March 23, 2016) Purchaser of Defaulted Loans Qualifies as a “Creditor” under the Fair Debt Collection Practices Act
March 2016
- Capefirst Funding, LLC v. Botanical Skin Works, LLC, et al.
No. 1:15-cv-979-GBL-JFA, (U.S. District Court for the Eastern Division of Virginia, March 3, 2016) Plain Language of Release Agreement Conditional upon Payment, Insufficient to Terminate Defendant’s Indemnification Obligations
Case No. 15-688-GMS (United States District Court for the District of Delaware, March 16, 2016) Delaware Federal Court Examines the Requirements for Organizational Standing Under the Protection and Advocacy for Individuals with Mental Illness Act - Edwin R. Melhorn v. Baltimore Washington Conference of the United Methodist Church, et al.
(March 7, 2016) Court of Special Appeals of Maryland Wrongful Termination Claim by Minister Barred by Ministerial Exception
- Willard G. Twaddell v. Standard Security Life Insurance Company of New York
Case No. 15-564-LPS (United States District Court for the District of Delaware, March 21, 2016) Delaware Federal Court Examines When a Defendant’s Time To File A Notice of Removal Begins to Run Under 28 U.S.C. § 1446(b)(1)
- Americold Realty Trust v. Conagra Foods, Inc.
(March 7, 2016) Supreme Court of the United States Supreme Court: Realty Trusts Have Citizenship of Their Shareholders for Purposes of Diversity Jurisdiction
- Draeger Medical Systems, Inc. v. My Health, Inc.
Case No. 15-248-SLR (United States District Court for the District of Delaware, March 3, 2016) Delaware Federal Court Examines the Case or Controversy Requirement For Declaratory Judgments
- Peabody Holding Company, Inc. v. United Mine Workers of America
No. 14-2032, (U.S. Court of Appeals for the Fourth Circuit, March 8, 2016) Judicial Review of Arbitrator’s Decision Between Liability and Remedial Phases of Labor Arbitration Deemed Premature
- Susan Cohen v. Veolia Transportation Services, Inc
(February 29, 2016) Court of Special Appeals of Maryland Plaintiff Failed to Establish Elements of Res Ipsa Loquitur in Case Involving Fall Off of Mobility Scooter
- Ruth Belche May, Individually and as Executrix of the Estate of Philip Royce May v. Air & Liquid Systems Corp., etc., et al.
No. 5, September Term, 2015 (Maryland Court of Appeals, December 18, 2015, revised February 22, 2016) Court of Appeals Revises Its Opinion In Asbestos Suit – Causation An Open Issue
- Andrew David Toms v. Calvary Assembly of God, Inc.
No. 26, (Maryland Court of Appeals, February 29, 2016) Maryland Court of Appeals Rules Lawful Fireworks Displays are Not an Abnormally Dangerous Activity
- ACLF of Delaware v. Department of Correction, State of Delaware
Case No. 09-179-SLR (United States District Court for the District of Delaware, February 19, 2016) Delaware Federal Court Confronts Issue of First Impression – Claims for Recovery of Attorney’s Fees in Pursuit of Fees
- Jennifer Thomas, Executor of the Estate of James Green v. New Castle County Police Department and Mary Malin
Case No. 14-1023-SLR (United States District Court for the District of Delaware, February 29, 2016) Delaware Federal Court Examines Federal Rule of Civil Procedure 17 Requirements Regarding the Executor of an Estate
- Ramachandra S. Hosmane v. Katherine Seley-Radtke
(February 24, 2016) http://www.mdcourts.gov/opinions/cosa/2016/0689s14.pdf Court of Special Appeals of Maryland Preponderance of the Evidence Standard Remains the Burden of Proof to Overcome a Conditional Privilege in a Defamation Case
February 2016
- Advanced Microscopy Inc. v. Carl Zeiss Microscopy, LLC
Case No. 15-516 (United States District Court for the District of Delaware, February 11, 2016) Delaware Federal Court Examines Factors Considered When Deciding a Motion to Stay
- Aggressive Drunk Driving – Punitive Damages
S.B. 302 (2016) (Maryland General Assembly) Maryland General Assembly Considers Bill Allowing Punitive Damages for Repeat Drunk Driving Offenders
- Rita Pittman v. Quest Diagnostics, et al.
(February 11, 2016) United States District Court for the District of Maryland Defendant’s Removal Was Untimely Despite That Co-Defendants Refused to Consent to Removal Until After Deadline for Removal
- Jermaine L. Carter v. Robert Coupe, et al.
Case No. 15-1100-SLR (United States District Court for the District of Delaware, February 8, 2016) Delaware Federal Court Examines Legal Requirements For § 1983 Claims Against Correctional Officers
- Furthering Asbestos Claim Transparency (FACT) Act of 2015
S. 357 Furthering Asbestos Claim Transparency (FACT) Act Goes to Hearing Before Senate Judiciary Committee
- Senate Committee Kills Bill to Establish Task Force to Study Issues Related to Self-Driving Vehicles; House Counterpart Bill Appears Unlikely to Pass
SB 126; HB 8 (2016 Regular Session) Senate Committee Kills Bill to Establish Task Force to Study Issues Related to Self-Driving Vehicles; House Counterpart Bill Appears Unlikely to Pass
- Cumberland Insurance Group v. Delmarva Power
(February 1, 2016) Court of Special Appeals of Maryland Insurance Company’s Financing of Home Demolition after House Fire Precluded Future Suit against Party That Allegedly Caused Fire
- DNA Genotek Inc. v. Spectrum DNA, Spectrum Solutions L.L.C., and Spectrum Packaging L.L.C.
Case No. 15-661-SLR (United States District Court for the District of Delaware, February 4, 2016) Delaware Federal Court Examines the Dual Jurisdiction/Stream-of-Commerce Analytical Framework as a Basis for Personal Jurisdiction
- Pepsi Bottling Group, et al. v. Plummer
No. 1055 (Court of Special Appeals of Maryland, January 28, 2015) Statutory Privilege Barring Evidence of Proceedings of the Maryland State Board of Physicians Applies to Physicians Testifying as Expert Witnesses
- Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP
(January 28, 2016) Court of Special Appeals of Maryland Economic Loss Rule Bars Recovery by Contractor from Project Designer of a Public Construction Project
- Emerald Hills Homeowners’ Association, Inc. v. William E. Peters
No. 32 (Court of Appeals of Maryland, January 27, 2015) Express Easement, Sufficiently Described, Can Be Created By a Memorandum in Compliance with Statute of Frauds
- Jennifer Monaco v. Limestone Veterinary Hospital
Case No. 13-1184-RGA (United States District Court for the District of Delaware, January 25, 2016) Delaware Federal Court Examines the McDonnell Douglas Burden-Shifting Framework in Disability Discrimination Cases
January 2016
- Carol J. Howard v. The City of Clarksburg
Case No. 1:15cv135 (United States District Court for the Northern District of West Virginia, January 14, 2016) West Virginia Federal Court Examines the Continuing Violation Doctrine
- Conley B. Sheets, Jr. v. Caliber Home Loans, Inc.
(January 14, 2016) United States District Court for the Northern District of West Virginia Federal Court Lacked Jurisdiction Because Plaintiff’s State Consumer Protection Act Claims Were Not Sufficiently Related to His Prior Bankruptcy
- DirecTV, Inc. v. Amy Imburgia, et al.
No. 14-462 (Supreme Court of the United States, December 14, 2015) SCOTUS Rejects Lower Court’s Attempt to Sidestep Arbitration Agreement
- Health Insurance – Medical Stop-Loss Insurance – Small Employers
H.B. 552 (2015) (Maryland General Assembly) Full Effects of Maryland Law Raising Attachment Point for Medical Stop-Loss Insurance to Be Felt in 2016
- Raymond J. Brokenbrough, Jr. v. Capital Cleaners & Launderers, Inc.
Case No. 13-692-CJB (United States District Court for the District of Delaware, January 8, 2016) Delaware Federal Court Examines Standards for Post-Judgment Motions Filed Pursuant to Federal Rules of Civil Procedure 59(e) and 60(b)
- Furthering Asbestos Claim Transparency (FACT) Act of 2015
H.R. 1927 (formerly H.R. 526) Furthering Asbestos Claim Transparency Act of 2015 Passes House, Faces Uphill Battle in Senate
- Carolyn Gibau, et al. v. Joel Falik
(December 22, 2015) Court of Special Appeals of Maryland Trial Court Erred in Granting JNOV on Grounds Not Raised by Defendant and in Concluding That Plaintiffs Failed to Establish Their Claims
- Stacey J. Hawkins v. Robert N. Kilberg, P.A.
(January 8, 2016) United States District Court for the District of Maryland Maryland Consumer Protection Act Does Not Apply to Lawyers Even When Basis of Claim is a Violation of the Maryland Consumer Debt Collection Act
- Keith A. Ashe v. The PNC Financial Services Group, Inc.
No. PWG-15-144 (December 17, 2015, U.S. District Court for the District of Maryland) Plaintiff’s Trademark Infringement Claims Barred Under Doctrine of Collateral Estoppel After Prior Registration Case Decided by Trademark Board
- Melchor Arias and Marie Christina Kurcan v. Carl Danberg, et al.
Case No. 1:15-cv-00197-GMS (United States District Court for the District of Delaware, December 18, 2015) Delaware Federal Court Examines Deliberate Indifference Standard Required for Eighth Amendment Claims Against Prison Officials
- W.C. & A.N. Miller Development Company v. Continental Casualty Company
(December 30, 2015) United States Court of Appeals for the Fourth Circuit Lawsuit Seeking Enforcement of Judgment against Insured Was Sufficiently Connected to Underlying Lawsuit To Be Considered Same Claim Under Insurance Policy’s Interrelated Wrongful Acts Provision
- Amir Fatir v. Commissioner Stanley Taylor, et al.
Case No. 06-694-GMS (United States District Court for the District of Delaware, December 20, 2015) Delaware Federal Court Examines Post-Trial Motion Standards Under Federal Rules of Civil Procedure 50, 59, and 60(b).
- Anthony Marcantonio v. Kyle Dudzinski, et al.
(December 17, 2015) United States District Court for the Western District of Virginia Plaintiff Properly Stated Several Causes of Action against Defendant Students in UVA Swim Team Hazing Case
- Melanie Sloan v. Soul Circus, Inc.
(January 2016) United States District Court for the District of Columbia Class Action Defendant’s Removal to Federal Court Fails to Satisfy Amount in Controversy Requirement in Consumer Protection Procedures Act Case
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