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Membership Criteria
Membership is open to practicing attorneys who devote the majority of their litigation-related time to the defense of civil litigation.
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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 2011
- Brooks v. Prestige Financial Services, Inc., et al.
Case No. 11-cv-02370-AW (U.S. District Court for the District of Maryland, December 8, 2011) Plaintiff Fails to Establish that Arbitration Agreement is Unenforceable as Unconscionable
- Lavine v. American Airlines, Inc.
(Md. App.) (Dec. 1, 2011) Conditions of Carriage are part of an Airline Ticket Contract
- U.S. v. $12,914.00
Case No.: ELH-11-01912 (D. Md. December 2, 2011) The Client is not Punished for his Attorney’s “Excusable Neglect”
- Board of Ed. of Prince George’s County v. Marks-Sloan
No. 1447 (Maryland Court of Special Appeals, October 28, 2011) Statute Only Immunizes Employee, Not County Board Employer
- Li v. Holder, Attorney General
Case No. 10-2333 (U.S. Court of Appeals for the Fourth Circuit, December 2, 2011) Fourth Circuit Declines to Exercise Jurisdiction over Board of Immigration Appeals Order
- Maryland Accounting Servs., Inc. v. Continental Cas. Co.
(D. Md.) (Nov. 21, 2011) Preparing Workers’ Compensation Insurance Documents Were Not “Professional Services”
- DeRosier, Jr. v. USPLabs, LLC
(D. Md.) (Nov. 17, 2011) Sprinter’s Claims Against Dietary Supplement Manufacturer Are Rejected
- Gross v. Pfizer, Inc., et al.
Case No. 10-CV-00110-AW (United States District Court for the District of Maryland, November 22, 2011) Plaintiff’s Claims Against Generic Drug Manufacturer Fail in Light of Supreme Court’s Decision in Pliva, Inc. v. Mensing
- Hill Int’l, Inc. v. Suffolk Constr. Co., Inc.
Civil No. ELH-11-2645 (D. Md. November 10, 2011) There are no Equitable Exceptions to Jurisdictional Rules
- Burton v. Office of Employee Appeals; Hoey v. Office of Employee Appeals
Case Nos. 10-CV-1493; 10-CV-963 (D.C. Court of Appeals, November 3, 2011) D.C. Chief of Police Permitted to Demote Commanders Even Without Cause
- Casey v. Geek Squad
No. PWG-10-2268 (U.S. District Court for D. Md., November 10, 2011) Plaintiff’s Expert Excluded and Summary Judgment in Favor of Defense Granted in Computer Injury Case
- Lewis v. Waletzky
(Md.) (Oct. 27, 2011) Maryland's Health Claims Arbitration Requirements Apply When Injury Occurs Outside Maryland
- MRA Property Management, Inc., et al. v. Armstrong, et al.
No. 93 (Court of Appeals of Maryland, October 25, 2011) Condo Associations Must Disclose “Potential” Health and Building Code Violations
- Williams v. Gyrus ACMI, Inc.
Case No. CCB-11-323 (D. Md. June 9, 2011) Courts Apply the law of the State Where the Injury Occurred
- Zaller, LLC v. Pharmawest Pharmacy LTD
(D.Md.) (Nov. 8, 2011) No Private Cause Of Action Under TCPA For Failure To Mark Date & Time
November 2011
- Feldman’s Med. Ctr. Pharm., Inc. v. Carefirst, Inc.
SKG-10-254 (D. Md. 2011) Public Interest May Outweigh Consent Request To File Motion Under Seal
- Mattison v. Gelber
No. 1399 (Md. Ct. Spec. App. October 28, 2011) An Award of Costs has no Bearing on Time to Appeal
- Stalker Brothers, Inc. v. Alcoa Concrete Masonry, Inc.
No. 57 (Maryland Court of Appeals, October 24, 2011) Maryland Home Improvement Act Does Not Render Contract Between Licensed General Contractor and Unlicensed Subcontractor Unenforceable
- Muskin v. Dep’t of Assessments & Taxation
Case No. 140 (Md. Oct. 25, 2011) Ground Rent Laws Found Partially Unconstitutional
- Perry v. Dept. of Health and Mental Hygiene
No. 00763 (Md. Ct. Spec. App. October 27, 2011) Employee Not Entitled To Sue For Being Denied A Promotion
- Poole v. Coakley & Williams Constr. Inc.
(Md.) (Oct. 27, 2011) Assumption Of The Risk Standard Restricted In Black Ice Case
- Sifford v. Sifford
(Va.) (Oct. 11, 2011) Separated Wife Was “Actually Dependent” On Husband For Death Benefits
- Stephen Todd Stevens v. Stephen Showalter
(Civil No.: PJM 11-060) Bankruptcy Court’s Denial of Late Rule 12(b)(6) Motion to Dismiss Affirmed
- Windsor v. Spinner Industry Co., Ltd.
No. JKB-10-114 (U.S. District Court for D. Md., October 19, 2011) Plaintiffs Are Given Another Bite of the Apple on Personal Jurisdiction Issue
October 2011
- Advance Dental Care, Inc. v. SunTrust Bank
(Case No. AW-10-01286) UCC Conversion Claim Displaced as Common-Law Negligence
- Anderson v. Reliance Standard Life Ins. Co.
(D. Md.) (Oct. 11, 2011) Refresher On The Rules Governing Discovery Disputes
- Bell v. Casper
No. 101004 (Supreme Court of Virginia, September 16, 2011) Old Virginia “Slayer Statute” Prevents Slayer’s Descendants from Inheriting
- Allcarrier Worldwide Servs. v. United Network Equipment Dealer Ass’n
No. AW-11-cv-01714 (U.S. District Court for D. Md., September 22, 2011) No Personal Jurisdiction Over Out-of-State Defendant Who Hosted Website and Accepted Dues from Maryland Residents
- Shane Feldman, et al. v. Pro Football, Inc., et al.
Civil Action No. 8:06-cv-2266AW, Sept. Term 2009 Court Awards Attorney Fees under Americans with Disabilities Act
- Troxel v. Iguana Cantina, LLC, et al.
No. 820 (Court of Special Appeals, October 3, 2011) Liability for a bar Fight is not an Extension of Dram Shop Law
- Mesbahi v. Md. State Bd. of Physicians
(Md. App. Sep. 30, 2011) Court of Special Appeals Affirms That Laser Hair Removal Is the Practice of Medicine
- SunTrust Bank v. Goldman, et al.
No. 803 (Md. Ct. Spec. App. Sept. 30, 2011) Contractually Agreed Upon Attorneys’ Fees Reduced to Actually Incurred Attorneys’ Fees
- Peter Taylor v. Kellogg Brown & Root Services, Incorporated
Case No. 10-1543 (4th Cir. 2011) Marine’s Negligence Claim Barred by Political Question Doctrine
- AES Corp. v. Steadfast Insurance Co.
No. 100764 (Supreme Court of Virginia, Sept. 16, 2011) (Insurer Need Not Defend or Indemnify Global Warming Defendant)
- Prince of Peace Lutheran Church v. Linklater
No. 66 (Md. September 21, 2011) (Ministerial Exception Does not Exempt Churches from Workplace Harassment Claims)
- Walker v. Dep’t of Housing & Cmty. Dev.
(Md. Sep. 23, 2011) (Contested Case Hearing Required To Revoke Section 8 Vouchers)
September 2011
- Erie Ins. Exch. v. Estate of Jeanne R. Reeside, et al.
No. 2941, Sept. Term 2009 (Settlement Agreements Require Mutual Assent to All Terms)
- Griffin v. State
No. 74 (Maryland Court of Appeals, April 28, 2011) (New Trial Required in Murder Case Where State Fails to Properly Authenticate Social Media Evidence)
- Ins. Comm’r for the State of Md. v. State Farm Fire & Cas. Co.
(Md. App. Sep. 6, 2011) MD. CODE ANN., INS. § 27-614 (Does Not Apply To Binders)
- Gaetano Lovero v. Joelma Da Silva
No. 1547 (Md. Ct. Spec. App. 2011) (Notice of Appeal Without Proof of Service Stricken From Record)
- Stephens v. Kaiser Foundation Health Plan of the Mid-Atlantic States
No. RDB-11-1603 (U.S. District Court for the District of Maryland, Aug. 18, 2011), September 2011 (Egregiousness Is Not Required in a Fraudulent Misjoinder Analysis)
- Swartzbaugh v. Encompass Ins. Co. of Am.
No. 946 (Md. Ct. Spec. App. September 7, 2011) (Insurance Companies Should Define “First Named Insured” in its Policy)
- Dewurst, et al. v. Century Aluminum Company
Case No.: 10-1759, 4th Cir., August 22, 2011 (Union Retirees Not Entitled to Preliminary Injunction that Would Allow Healthcare Benefits to Continue During Litigation)
- Fusha v. Delta Airlines, Inc.
(D. Md. Aug. 30, 2011) (Forum Selection Clauses For Airline Tickets Are Still Enforceable)
- Md. Dep’t of the Env’t v. Days Cove Reclamation Co., Inc.
No. 1725 (Md. Ct. Spec. App. August 30, 2011) (Law Prohibiting Landfills Adjacent to Waterways is not an Unconstitutional “Special Law”)
- Boer v. University Specialty Hospital
(Md. Aug. 19, 2011) (Dying In Another County in Maryland May Change Your “Residency” For Purposes Of Creditors To Your Estate)
- Department of Employment Services v. Cecelia Smallwood
Case No. 09-AA-719 (D.C. Court of Appeals, August 18, 2011) (Administrative Law Judge Without Authority to Reduce Repayment Amount of D.C. Unemployment Benefits)
- Renaissance Centro Columbia, LLC v. Joel Broida
No. 104 (Md. 2011) (Board of Appeals’ Straw Vote is Not a Final Decision)
- Jeffery Breslin, et al. v. Ronald Powell, et al.
No. 134, September Term 2010 (Md. App. 2011) (Lack of Certificate of Merit Leads to Dismissal Without Prejudice)
- Joy E. Daley, et al. v. Alpha Kappa Alpha Sorority, Inc. et al.
Case No. 10-CV-220 (D.C. Court of Appeals, August 18, 2011) (Current Members have Standing to Bring Suit against Their Sorority)
- Consol. Waste Indus., Inc. v. Standard Equip. Co.
No. 143 (Md. August 15, 2011) (Subsequent Repairs Held Inadmissible to Prove that Defendant’s Initial Repairs were Negligent)
- King v. Pfizer Pharmaceutical Co.
(D. Md. July 22, 2011) (July 2011 Another Learned Intermediary Dismissal)
August 2011
- Allen v. CitiMortgage, Inc.,
Civil Case No.: CCB-10-2740 (D. Md. August 4, 2011) (Borrowers Move Forward in Home Mortgage Suit Against Lenders)
- Coutinho & Ferrostaal Inc. v. M/V Federal Rhine, et al.
No. JFM-08-2222 (U.S. District Court for the District of Maryland, July, 29 2011) (District Court Reduces Potential Award by $300,000 in Declaratory Judgment Action)
- Debra Parks v. Alpharma, Inc., et al.
No. 115 (Md. July 19, 2011) (Wrongful Termination Claim Limited To Clear Violations of Public Policy)
- Burke v. Groover, Christie, & Merritt, P.C.
No. 507-CV-1407 & 07-CV-1420 (D.C. 2011) (D.C. Judgment Debtors: Be Sure to Promptly Pay Post-Judgment Interest)
- Kowalski v. Berkeley County Schools
No. 10-1098 (4th Cir. 2011) )Internet Bullying Not Protected by the First Amendment)
- Sorrell v. IMS Health Inc.
No: 10-779 (Supreme Court of the United States, June 23, 2011) (Fear that Speech Might Persuade Provides No Lawful Basis for Quieting It)
- Bishop v. District of Columbia Dept. of Employment Services
No. 10-AA-250 (D.C. 2011) (District’s Emergency Unemployment Compensation Statute Properly Implemented)
- Int’l Internships Programs v. Napolitano
Civil Case No: 10-1234 (RJL) (A Failure to Pay Wages Halts U.S. Internship for Eleven Non-immigrant Aliens)
- J. McIntyre Machinery, Ltd. v. Nicastro
No. 09–1343 (U.S. 2011) (Stream-of-Commerce Theory of Personal Jurisdiction Requires Purposeful Availment)
- Anderson v. Joseph
No. 554 (Md. Ct. Spec. App. 2011) (Even When Spent on the Property, One Cotenant Cannot Burden Another’s Interest With a Loan)
- Fahnbulleh v. GFZ Realty, LLC
No. 8:10-CV-02074-AW (D. Md. 2011) (Landlords Can be Liable for Tenant-on-Tenant Harassment Under FHA)
- Hollensteiner v. Waterfield Group
No: 10-cv-00200-AW (D.Md. 2011) (Complaint Alleges Facts Sufficient to Find Company was Plaintiff’s Employer)
July 2011
June 2011
- Barksdale v. Wilkowsky
No. 66 (Md. App. 2011) (Jury Instruction Ruled Prejudicial Error in Lead Paint Case)
- Daniels v. Potomac Elec. Power Co.
Civil Action No: 10-cv-01554, (D. D.C. 2011) (District Court Remands Claim to State Court, Finding No Federal Question Existed)
- Janus Capital Group, Inc. et al. v. First Derivative Traders
No. 09–525 (U.S. 2011) (Supreme Court Limits Who Can Be Found Liable in Private Securities Fraud Claims)
- Erica P. John Fund, Inc. v. Halliburton Co.
Case No.: 09–1403 (U.S. 2011) (The Supreme Court Rules Plaintiffs Do Not Need to Prove Loss Causation to Obtain Class Certification in a Securities Action)
- Mazza v. Housecraft LLC
Case No. 09-CV-1068 (D.C. 2011) (District of Columbia Adopts Heightened Civil Pleading Standard)
- The Oakland Condominium v. District of Columbia Bd. of Zoning Adjustment
No. 10-AA-536 (D.C. 2011) (Use Variance Granted Years After Property Owners Remodel and Rent Without BZA Approval)
- Crusader as Custodian for Strategic Municipal Lien Investments, LLC v. Charles E. Heyward, et al.
Appeal No. 09-CV-1414 (D.C. 2011) (Leaning Toward Strict Adherence to Statutory Notice Requirements for Property Liens)
- Heit v. Stansbury
No. 354 (Md. Ct. Spec. App. 2011) (Maryland Court of Special Appeals Clarifies: Reply Briefs Must be Filed Within Twenty Days After the Filing of an Appellee’s Brief)
- Maddox v. Cohn
Case No. 2777 (Md. Ct. Spec. App. 2011) (Court Finds Attorneys’ Fees in Foreclosure Proceedings were Improper)
- Grant v. Kahn
No. 886 (Md. Ct. of Spec. App. 2011) (Unfulfilled Contract Contingencies Do Not (Always) Prevent Equitable Conversion)
- Salisbury Univ. v. Joseph M. Zimmer, Inc.
No. 462 (Md. Ct. of Spec. App. 2011) (Aggrieved MBE Bidders Have the Right to Administrative Review)
- U.K. Constr. & Mgmt., LLC v. Gore
No. 2824 (Md. Ct. Spec. App. 2011) (Claim for Breach of Contract Barred Under Res Judicata)
- Belue v. Leventhal
Nos. 10-1300, 10-1438 (4h Cir. 2011) (Court Errs by Failing to Observe Due Process Rights of Pro Hac Vice Litigants)
- Equal Employment Opportunity Comm. v. Endoscopic Microsurgery Assoc., P.A.
No. JKB-10-2693 (D. Md. 2011) (Employer Ordered that it Could Not Depose Claimant Within State)
- McCravy v. Metropolitan Life Insurance Company
Nos. 10-1074, 10-1131 (4th Cir. 2011) (Unpaid Insurance Benefits Are Not An Equitable Relief)
- U.S. Life Ins. Co. in the City of New York v. Wilson
No. 2544 (Md. Ct. Spec. App. 2011) (Mailbox Rule, as Applied to Web Banking Transaction, Provided for the Timely Reinstatement of a Life Insurance Policy Prior to the Death of the Insured)
May 2011
- The Hartford Fin. Serv. Group, Inc. v. Meil
Case No.: WDQ-10-2720 (D. Md. 2011) (In a Federal Default Judgment Case, Plaintiff Must Provide Documents to Support Damages Claimed)
- McDaniel v. Baranowski
No. 64 (Md. App. 2011) (Court of Appeals Makes Eviction Harder For Landlords)
- Amy Stetson Smith v. Alacrity Services, LLC
Case No.: JKB-10-3064 (D. Md. 2011) (Arrangement Between Insurance Services Entity and Contractors Does Not Provide Homeowner with Claim for Unjust Enrichment)
- McReady v. O’Malley
(No. RWT 08cv2347 D. Md. 2011) (Limited First Amendment Rights for College Professors)
- Ubl v. IIF Data Solutions
(No. 009-2280 4th Cir. 2011) (False Claims Act Complaint Found Not To Be Clearly Frivolous)
- Weichert Co. of Md., Inc. v. Faust
(No. 43 Md. App. 2011) (Court Awards Nearly $1,000,000 in Attorney’s Fees to Breaching Party)
- Beka Indus., Inc. v. Worcester County Bd. Of Educ.
(No. 47 Md. 2011) (School Boards Cannot Take Shelter Under Sovereign Immunity for School Construction Contracts)
- Elizabeth Neel v. Mid-Atlantic of Fairfield, LLC
(No. JKB-10-405 D.Md 2011) (Employer Fails to Establish Dispute of Fact in Former Employee’s Claim Under Family and Medical Leave Act)
- Carla A. Latty, et al. v. St. Joseph’s Society of the Sacred Heart, Inc.
No. 2487 (Md. Ct. Spec. App. 2011) (Alleged Concealment of Paternity is Insufficient to Support Claim of Intentional Infliction of Emotional Distress)
- Norman v. Borison
No. 70 (Md. 2011) (Lawyers Entitled to Absolute Privilege for Defamation Claim)
- Ubom v. SunTrust
No. 2862 (Md. Ct. Spec. App. 2011) (Parol Evidence Is Not Admissible to Contradict the Clear Terms of Loan Contract)
April 2011
- Central West Virginia Energy Company, Inc., et al. v. Mountain State Carbon, LLC, et al.
No.: 10-1486 (4th Cir. 2011) (Fourth Circuit Reverses District Court’s Decision on Principal Place of Business based on Supreme Court’s Ruling in Hertz Corp. v. Friend)
- Matrixx Initiatives v. Siracusano
No. 09-1156 (U.S. 2011) (Zicam Case Survives Motion to Dismiss)
- S. Alliance for Clean Energy v. Duke Energy Carolinas, LLC
No. 08-2370 (4th Cir. 2011) (The Plaintiffs Awarded Attorneys’ Fees Under the Clean Air Act Where Victory Was Merely Procedural)
- Willever v. USA
No. RWT 09cv3072 (D. Md. 2011) (Federal Court Not Bound by Maryland Health Care Malpractice Claims Act Procedures)
- Corbett v. Mulligan
No. 1033 (Md. Ct. Spec. App. 2011) (Child Conceived During Marriage But Born After Divorce Is “Born Out of Wedlock” for Paternity Testing Purposes)
- Shailendra Kumar, M.D., P.A. v. Anand M. Dhanda
No. 2934, September Term, 2009 (Md. Ct. Spec. App.) (Mandatory Non-Binding Arbitration Clause Does Not Toll Statute of Limitations)
- Solesky v. Tracey
No. 2207 (Md. App. 2011) (Circumstantial Evidence of Landlord’s Knowledge of Dangerous Dogs is Enough)
- James Respess, Individually and as Personal Representative of the Estate of Patricia Respess v. Travelers Casualty & Surety Insurance Company of America, et al
Case No.: ELH-10-2937 (U.S. District Court for the District of Maryland, March 15, 2011) (Estate’s Claim for Intentional Infliction of Emotional Distress Related to Decedent’s Suicide Dismissed for Lack of Allegations of Extreme and Outrageous Conduct)
- Md. Auto. Ins. Fund v. John
No. 2028 (Md. Ct. Spec. App. 2011) (Clear Policy Language Prevails When Deciding Coverage Cases)
- ACE American Insurance Company, et al. v. Williams, et al.
No. 75 (Md. 2011) (Failure to Comply with Notice Provisions Renders Wrongful Death Settlement Invalid)
- Scapa Dryer Fabrics, Inc. v. Carl L. Saville
No. 39 (D.Md. 2011) (Application of the “Frequency, Regularity, Proximity Test” in Asbestos Matters)
- USA v. Stevens
No. RWT 10cr0694 (D. Md. 2011) (Indictment of Pharma Exec Dismissed Where Prosecutors Give Erroneous Instruction to Grand Jury)
- Attorney Grievance Commission of Maryland v. Attorney
Misc. Docket AG No. 14 (Md. 2011) (Attorney Disbarment Warranted When Funds Commingled and No Legal Services Provided)
No. 1839 (Md. App. 2011) (Redskins Punter Wins Workers Compensation Appeal)
- Sherwood Brands, Inc. v. Great Am. Ins. Co.
No. 62 (Md. App. 2011) (Before Denying Coverage on Grounds of Late Notice, Insurer Must Prove Prejudice)
- Simard v. Burson
No. 1302 (Md. Ct. Spec. App. 2011) (Court of Special Appeals Limits Defaulting Purchaser's Foreclosure Sale Liability)
March 2011
February 2011
- Brown v. NQGRG
No. CCB-09-1684 (D. Md. 2010) (Former General Counsel to Rite Aid Loses Fraud Suit)
- Madison v. Harford County, MD
No. MJG-10-197 (D. Md. 2010) (A Lesson in Discovery)
- Amy Ward v. Acme Paper & Supply Co., Inc.
Case No. CCB-08-3257 (D. Md. 2010) (Isolated Comments and Rude Remarks Fail “Severe or Pervasive” Test)
- Hill v. Motor Vehicle Administration
No. 82 (Md. App. 2010) (CDL License of Driver Properly Suspended for Refusing Breathalyzer)
- Prime Rate Premium Finance Corporation, Inc. v. Maryland Insurance Administration
No. 02800 (Md. App. 2009) (Premium Finance Company May Not Deduct For “Other” Contracts)
- Michael D. Sloas v. CSX Transportation, Inc.
No. 09-1249 (4th Cir. 2010) (RRA Benefits Are A “Collateral Source” That May Not Be Considered In Determining a FELA Award)
- H.B. Rowe Co. v. Tippett
No. 09-1050 (4th Cir., 2010) (North Carolina Minority Business Enterprise Program Deemed Unconstitutional, in Part)
- Music Makers Holdings, LLC v. Maria Sarro
Civil Action No. RWT 09cv1836 (D. Md. 2010) (Sending Cease-and-Desist Letters is Insufficient to Establish Personal Jurisdiction Under Maryland’s Long-Arm Statute)
- Ward v. Walker
Civil Action No. RDB 09-3256 (D. Md. 2010) (Court Says Daughter Can’t Waive Her Rights in Father’s Wrongful Death Action in Order to Maintain Diversity Jurisdiction)
- Duncan Servs. v. ExxonMobil Oil Corp.
Civil Action No. A W-09-2486 (United States District Court for the District of Maryland, July 12, 2010) (District Court Holds that Free Assignment Contract Provision Controls Exxon Dispute)
- Hariri, et al. v. Dahne, et al.
No. 151 (Md., March 9, 2010) (No “Dismissal With Prejudice” Provided By MD. RULE 2-507(b))
- Imaginary Images, Inc. v. Evans
No. 09-1199 (United States Court of Appeals for the Fourth Circuit, July 15, 2010) (No Mixed Drinks for Virginia Strip Clubs)
January 2011
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