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.

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

2011 Case Updates Archive »