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 2014

 

• Bay State Precast, Inc. v. Royal Tractor Co., Inc.
  No. DKC— 13—3371 (S. D. Md. December 10, 2014) Pursuant to Rule 55, the District Court, in Its Discretion, Granted Plaintiff’s Motion for Default Judgment, and Engaged in a Independent Determination As to Damages
• Jeffrey Higdon, As Trustee Of The Life Insurance Trust Dated November 1, 1991 v. Lincoln National Insurance Co., et al.
  United States District Court for the District of Maryland, Civil Action No. ELH-13-2152 (D. Md. Dec. 8, 2014) Maryland Federal District Court Lacks Subject Matter Jurisdiction to Hear Life Insurance Case Where Plaintiffs Did not Sustain any Injuries Within the Meaning of Article III
• Lasley v. Hylton
  No. 132048 (Supreme Court of Virginia, October 31, 2014) Defendant Host Did Not Breach Duty to Minor Plaintiff Who Was Injured in ATV Accident at his Property Where Plaintiff’s Father Permitted Plaintiff to Participate in the Activity and Knew or Should Have Known of Its Risks
• Johnson v. Citibank, N.A.
  No. PWG-14-3024 (U.S. District Court for Maryland, December 5, 2014) Defendant’s Removal Is Frustrated by Plaintiff’s Multiple Amendments to Complaint and an Action that Was Proceeding in Three (3) Courts Simultaneously
• Kharyn Ramsay v. Sawyer Property Management of Maryland
  United States Court of Appeals for the Fourth Circuit, Case No. 13-1795 (4th Cir. Dec. 9, 2014) Fourth Circuit Affirms Maryland District Court’s Dismissal of Complaint Under Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e, and Federal Rule of Civil Procedure 12(b)(6)
• Universal Leather, LLC v. Koro AR, S.A.
  --- F.3d ---- (4th Cir.2014) Purposeful availment found where foreign corporation solicited business beginning two year relationship
• Harrison v. Wells Fargo Bank, N.A.
  No. 13-2379 (U.S. Court of Appeals for the Fourth Circuit, December 5, 2014) Short-Term Disability Claim Administrator Abuses Discretion in ERISA Case When It Fails to Access Readily Available Information That May Confirm Plaintiff’s Theory of Disability
• Robinson v. District of Columbia
  ___ F.Supp.3d ___ (D. D.C. Dec. 2, 2014) United States District Court for the District of Columbia Denied Plaintiff’s Motion to Strike Defendants’ Expert as an Excessively Harsh Remedy
• U.S. v. Hassan
  742 F.3d 104 (2013) Fourth Circuit holds social media sites authenticated by certification of records custodians
• Hoib v. Progressive American Insurance Company
  ___ Md. ___ (Nov. 20, 2014) Maryland Court of Appeals holds that the docketing of a voluntary dismissal did not trigger the 30-day time to file an appeal
• Joyce Barlow v. Colgate Palmolive Company
  United States Court of Appeals for the Fourth Circuit, Case No. 13-1839 (4th Cir. Nov. 25, 2014) Fourth Circuit Reverses and Remands Case and Holds That 28 U.S.C. § 1447 Did Not Deprive Maryland District Court of Jurisdiction to Consider Merits of Rule 60(b)(3) Motion
• Ramirez v. Amazing Home Contractors, Inc., et al.
  JKB—14—2168 (D. Md. November 25, 2014) District Court Granted Plaintiff’s Motion to Dismiss Defendants’ Permissive Counterclaim for Lack of Independent Jurisdictional Basis
• 2014 Maryland Election Poses to Turn Maryland’s Blue Skies Purple
  (November 2014)
• District of Columbia v. Bamidele
  ___A.3d___, (2014) Metro Police Department not vicariously liable for assault by off-duty plain clothes officers
• Natural Product Solutions, LLC v. Vitaquest International, LLC
  No. CCB-13-436, (D. Md., November 13, 2014) Plaintiff Only Awarded Nominal Damages in Breach of Contract Case
• Baltimore City Board of School Commissioners v. Warren-Ehret Company Of Maryland, Inc. et al.
  United States District Court for the District of Maryland, Civil Action No. ELH-14-02306 (D. Md. Nov. 14, 2014) Maryland Federal District Court Lacks Diversity Jurisdiction Where Now-Defunct Corporation was Incorporated in Maryland at the Time of Suit and is Maryland Citizen
• Malibu Media, LLC v. John Doe, Subscriber Assigned IP Address 69.250.3.59
  No. ELH—14—1229 (D. Md. November 18, 2014) District Court Denied Plaintiff’s Motion for Extension of Time for Service Under the Mendez Standard While Awaiting Further Guidance from the Supreme Court
• Williams v. Peninsula Regional Medical Center
  No. 18 (Maryland Court of Appeals, November 21, 2014) Trial Court Properly Granted Defendant Health Care Providers’ Motions to Dismiss Because They Were Immune From Liability Under Involuntary Admittance Statute, MD. CODE ANN, HEALTH GEN. § 10-618

November 2014

 

• Asphalt & Concrete Services, inc. v. Perry
  ___A.3d___, (2014) Evidence of lack of insurance only admissible in negligent hiring case if proximate cause of harm alleged
• Fischer v. ISE America, Inc.
  No. 14-1314 (D. Md. Nov. 5, 2014) United States District Court holds that personal injury plaintiff stated a legally cognizable claim, irrespective of whether defendant corporation alleged plaintiff was an employee
• Glenn v. CSX Trans., Inc.
  No. RDB—14—802 (D. Md. November 12, 2014) District Court Granted Defendants’ Motion to Dismiss for Failure to State a Claim where Plaintiff Failed to Satisfy the “Plausibility” Standard
• Burson v. Capps
  ___ A.2d ___ (Md. Oct. 23, 2014) Maryland Court of Appeals Holds that Borrower Cannot Rescind Mortgage Loan under Truth in Lending Act until Corresponding Note and Deed of Trust are Signed
• Innospec Ltd. v. Ethyl Corp.
  No. 3:14-cv-158, 2014 WL 5460413 (E.D. Va. Oct. 27, 2014) Virginia Federal Court holds that parties to requirements contract agreed to confer the issue of arbitrability to the arbitrator.
• Moses v. Nationwide Mutual Fire Insurance Co.
  No. 192 (2014), Supreme Court of Delaware, September 25, 2014 Summary Judgment Properly Granted in Favor of Insurer in Coverage Case
• Branch Banking and Trust Company v. Cathy Lanier
  United States Court of Appeals for the Fourth Circuit Case No. 14-1459 (4th Cir. Oct. 29, 2014) Fourth Circuit Affirms Judgment of South Carolina District Court in Denying Debtors’ Motion for Reconsideration Arising from Bankruptcy Proceeding
• Key Tidewater Ventures LLC v. PNC Bank, N.A.
  No. 14-2170 (D. Md. Oct. 15, 2014) United States District Court denies Defendant’s Motion to Dismiss Plaintiff’s Breach of Contract Claims because of ambiguity in the operative contract
• Night and Day Management LLC v. Butler
  No. 13-CV-944, District of Columbia Court of Appeals (October 23, 2014) Trial Court Properly Granted Summary Judgment for Nightclub Defendants Where Plaintiffs Injured in Bar Fight Failed to Prove Applicable Standard of Care by Expert

October 2014

 

• Columbia Gas Transmission, LLC v. 370.393 Acres, More or Less in Baltimore County, Maryland Located on Parcel Identification Number 20-00-013434, Owned by Stephen A. Williams and Christine C. Williams, et al.
  Civil Action No. 1:14-0469-RDB (Oct. 9, 2014) Maryland Federal District Court Grants Plaintiff’s Summary Judgment Motion, Affording Right to Condemn Properties Pursuant to the Natural Gas Act, 15 U.S.C. § 717f(h).
• General Pipeline Construction, Inc. v. Hairston
  S.E.2d___ (W. Va. 2014) (“Hairston II”) Desecration of unmarked graves is not prima facie negligence for desecration of marked graves
• Allen v. District of Columbia
  ___ A.3d___ (2014) District’s EMTs acting in an emergency during firefighter physical ability test protected by public duty doctrine
• Jakeem Roy v. Elliot Dackman, et al.
  Case No. 558 (Oct. 6, 2014) Maryland Court of Special Appeals Affirms Summary Judgment for Defendants in Lead Paint Case Upon Excluding Causation Testimony from Plaintiff’s Proffered Expert
• Lisy Corp. v. McCormick & Co., Inc.
  No. 1231, ___ Md. App. ___ (Md. App. Oct. 7, 2014) Maryland’s Intermediate Appellate Court holds effectuating service of case information report indicating the need for a jury trial is insufficient to demand a jury trial under the Maryland Rules
• May v. Air & Liquid Systems Corp. etc.
  ___Md. App.___ (2014) No liability for boiler manufacturer for third-party gaskets on Navy ships
• Andrew Chartier v. M. Richard Epps, P.C., et al.
  Case No. ELH-14-1071 (Sept. 23, 2014) Maryland Federal District Court Declines to Dismiss Plaintiff’s Claims Upon Finding Personal Jurisdiction Over Maryland Non-Resident and Holding Contract Ambiguous
• LBCMT 2007-C3 Urbana Pike, LLC v. Eric D. Sheppard
  No. 12-3056, _ F.Supp.3d _ (D. Md. Oct. 1, 2014) United States District Court for District of Maryland holds Twombly-Iqbal pleading standard inapplicable to affirmative defenses
• Chevron Corporation v. Aaron Page
  Case No. 13-1382 (Sept. 24, 2014) Fourth Circuit Affirms Maryland District Court’s Ruling That Absence of Privilege Log Constitutes Waiver and Permits Chevron to View Documents from Ecuadorian Action
• Martin v. Bicknell
  ___A.3d___ (2014) Elements To Plead Prescriptive Easements And Implied Easements Clarified By Court
• Therapearl LLC v. Rapid Aid Limited
  No. CCB-13-2792 (D. Md., September 25, 2014) Defendant’s Motion to Dismiss for Failure to State a Claim Granted
• Bloom v. Beam
  ___A.3d___ (2014) Lis pendens claim improperly based on noise nuisance warrants attorneys’ fees
• Purdue Holdings, Inc. v. BRF S.A.
  No. JKB-14-1007, (D. Md., September 19, 2014) Maryland Does Not Have Personal Jurisdiction Over Brazilian Company in Breach of Contract Action
• Willox v. Ladas
  No. 13-2096 (D. Md. Sept. 18, 2014) United States District Court enters Summary Judgment for Defendant Marine Vessel Dealer because Plaintiff’s claims expired under the Statute of Limitations

September 2014

 

• Keanna Lomax v. Weinstock, Friedman & Friedman
  Case No. 14-1130 (Sept. 4, 2014) Fourth Circuit Affirms Lower Court’s Dismissal of Complaint to Permit Arbitration on Grounds of Equitable Estoppel
• Potomac Shores, inc. v. River Riders, Inc., et al.
  ___A.3d___ (2014) States’ river boundary subject to change over time
• Prince George’s County v. Columcille Building Corporation
  No. 2355 (Md. App. August 29, 2014) Maryland’s Intermediate Appellate Court dismisses appeal as moot because a trial court on reversal and remand would be unable to fashion different legal outcome
• Aguilar v. RP MRP Washington Harbour, LLC
  No. 13-CV-329 (District of Columbia Court of Appeals, September 4, 2014) District of Columbia Recognizes Economic Loss Doctrine in Negligence Case for First Time
• Wendell Whye v. Concentra Health Services, Inc.
  Case No. 13-2302 (Sept. 10, 2014) Fourth Circuit Affirms District Court’s Dismissal of Intrusion upon Seclusion and Fraud Action Where Plaintiffs Could Not Establish That Breath Testing was Highly Offensive
• Repeal of Maryland Rule 1-322.2
  Repeal of Maryland Rule 1-322.2 New Maryland Rule 1-322.2 (Requiring Certificate by Attorney of Personal Identifier Information Redaction) Is Repealed
• Board of Trustees of the Community College of Baltimore County v. Patient First Corp.
  Case No. 568 (Aug. 29, 2014) Maryland Court of Special Appeals Affirms Lower Court’s Finding that Indemnification Provision Applied to Negligent Venipuncture of Phlebotomy Student
• Greenpeace, inc. v. Dow Chemical Co.
  __ A.3d___ (not yet published) Corporation does not have protected interest in documents thrown in common area dumpster
• Federico v. Lincoln Military Housing, LLC
  Slip Copy 2014 (unpublished) Reporter’s First Amendment protections apply to subpoena in civil action
• Malibu Media, LLC v. John Doe
  No. 14-1324 (CKK) (U.S. District Court for the District of Columbia, August 15, 2014) Federal Court Permits Expedited Discovery to Identify Defendant in Alleged Copyright Infringement Case
• Russell v. Absolute Collection Services, Inc.
  ___ F.3d ___ (4th Cir. August 15, 2014) Fourth Circuit Court of Appeals holds that a plaintiff does not need to dispute an alleged debt in writing in order to recover from a debt collector under federal consumer protection statute.

August 2014

 

• Catlin Specialty Insurance Co. v. Barry I. Aron, M.D.
  Civil Action No. RDB-13-826 (Aug. 6, 2014) Maryland Federal District Court Grants Defendant Physician’s Partial Motion for Summary Judgment
• Hall v. Washington Metropolitan Area Transit Authority
  ____ F.Supp.2d____ (not yet published) Video contradicting Plaintiff’s theory of liability sufficient for summary judgment
• Peters v. Early Healthcare Giver, Inc.
  No. 86 (Md. August 13, 2014) Maryland Court of Appeals finds that Maryland’s Wage Payment and Collection Law applies to claims for overtime wages
• In re Johnson
  No. 13-8002 (D.C. Cir. August 1, 2014) Court of Appeals Denies Government’s Petition for Interlocutory Review of Class Certification for African-American Secret Service Agents
• Robinette v. Hunsecker
  No. 90 (Maryland Court of Appeals, July 18, 2014) Constructive Trust and Posthumous QDRO Proper Where Divorcing Parties Failed to Communicate Terms of Divorce Agreement to Retirement Plan
• Kathleen Wood v. Crane Co.
  Case No. 13-1868 (Aug. 15, 2014) Fourth Circuit Affirms Maryland District Court’s Decision to Remand Case to State Court Where Defendant Did Not Raise Timely Federal Defense Under 28 U.S.C. § 1446(b)
• Blue Ink, Ltd. v. Two Farms, Inc. d/b/a Royal Farms, Inc.
  No. 01487 (Md. App. July 30, 2014) Maryland Court of Special Appeals holds that a drive-in movie theater failed to present legally sufficient evidence to support a jury verdict in a nuisance action
• Carter v. The Wallace & Gale Asbestos Settlement Trust
  No. 84 (Maryland Court of Appeals, July 21, 2014) Trial Court Properly Excluded Defense Expert Testimony on Cigarette Smoking as Contributing to Plaintiff’s Lung Cancer in Asbestos Case
• R.T. Vanderbilt Co. Inc. v. Galliher
  ___ A.3d___ (July 24, 2014) (not yet published) New Trial required where asbestos manufacturer’s request for instruction on employer’s duty to employee not given
• Rose v. Logan
  No. RDB-13-3592 (D. Md., July 21, 2014) The U.S. District Court for the District of Maryland Denied Motion to Stay Under the Long and Real Truth Tests
• In re Norfolk Southern Railway Co.
  Nos. 13–2112 & 13–2127 (United States Court of Appeals for the Fourth Circuit, June 23, 2014) 28 U.S.C. § 1447(d) Bars Review Of Remand Order Based On § 1445(a)

July 2014

 

• Cot’n Wash, Inc. and Big 3 Packaging, LLC v. Henkel Corp., et al.
  Nos. 12—650—SLR & 12—651—SLR, 2014 WL 3385758, at *1 (D. Del., July 11, 2014) The U.S. District Court for the District of Delaware Denied Motion to Amend Despite Defendants’ Belief of Stipulation
• Hasley v. Ward Mfg., LLC
  2014 WL 3368050 (D. Md. July 8, 2014) Maryland District Court Dismissed Class Action Complaint Against Wardflex Manufacturer for Lack of Standing and Preclusion Under the Economic Loss Doctrine
• Wilcox v. Orellano
  No. 1420 (Court of Special Appeals of Maryland, June 24, 2014) Joint Dismissal Renders §5-119(b) “Savings Provision” Unavailable
• Duprey v. Scotts Co. LLC
  No. 13-3496 (United States District Court for the District of Maryland, May 23, 2014) U.S. District Court Outlines Acceptable FLSA Settlements
• Martinez v. United States
  No. 14-1045, 2014 WL 3031105, at *1 (4th Cir. July 7, 2014) Fourth Circuit Declined to Grant Second Extension to Serve Process, Finding That Plaintiff’s Attorney’s Failure to Register New Email Address Did Not Constitute “Excusable Neglect.”
• David Springer v. Erie Ins. Exch.
  --- A.3d ---, 2014 WL 2853792 (Maryland Court of Appeals, June 24, 2014) Maryland Court of Appeals Establishes a Two-Part Test for Business Pursuits Exclusion
• Daniels v. Daniels
  --- A.3d ---, 2014 WL 2873937 (Maryland Court of Special Appeals, June 24, 2014) Constructive Delivery Did Not Exist When Husband Deeded House to Himself and His Wife, Informed His Wife, and Placed the Unrecorded Deed in Couple’s Shared Filing Cabinet
• Due Forni LLC v. Euro Rest. Solutions. Inc., et al.
  No. PWG—13—3861, 2014 WL 2916873, at *1 (D. Md. June 25, 2014) District Court Granted in Part Defendants’ Motion to Dismiss for Failure to Satisfy the Amount in Controversy Requirement Where Defendants Met “Legal Certainty” Standard
• Hirsch v. Johnson
  No. 1:14CV332 (United States District Court for the Eastern District of Virginia, June 26, 2014) Virginia Federal Court Lacks Jurisdiction Over Arizona Resident
• Executive Benefits Insurance Agency v. Arkison
  --- S. Ct. ---, 59 Bankr. Ct. Dec. 160, 2014 WL 2560461 (Supreme Court of the United States, June 9, 2014) SCOTUS Affirms Bankruptcy Court Authority and Expounds Approach to Adjudicating Stern Claims
• Manor Care, Inc. v. Douglas
  No. 13–0470 (Supreme Court of Appeals of West Virginia, June 18, 2014) In Nursing Home Negligence Case, West Virginia’s Highest Court Relaxes the State’s Limits on Punitive Damages and Clarifies the Scope of West Virginia’s Medical Professionals Liability Act, Nursing Home Act, and Law of Fiduciary Duty
• Valichka v. Kettler Int’l, Inc., et al.
  No. RDB-13-0618 (D. Md., June 24, 2014) A Foreign Manufacturer May be Subject to Personal Jurisdiction in the United States Under the “Stream of Commerce” Theory Where It Is Closely Affiliated with Its Intermediary Distributer
• POM Wonderful LLC v. Coca-Cola Co.
  --- S. Ct. ---, 2014 WL 2608859 (Supreme Court of the United States, June 12, 2014) Dueling FDA Regulations Do Not Preclude Private Parties from Bringing Lanham Act Suits, Thereby Permitting POM to Bring Action against Coca-Cola for Alleged Deceptive Drink Labeling
• SPX Corp. v. Garda USA, Inc.
  No. 332, 2013 (Supreme Court of Delaware, June 16, 2014) Delaware Supreme Court Clarifies Standard Required To Vacate An Arbitration Award Under The Delaware Arbitration Act
• United States ex rel. Ariosa & Co., Inc. v. All State Constr., Inc.
  No. DKC 13–3560, 2014 WL 2652853, at *1 (D. Md. June 12, 2014) United States District Court for the District of Maryland Extended Protection under the Miller Act to Second-Tier Subcontractors Although They Lacked Privity with the General Contractor

June 2014

 

• Dumas v. ABB Group
  No. 13–229–SLR–SRF, 2014 WL 2514492, at *1 (D. Del., June 4, 2014), United States District Court for the District of Delaware Granted Defendants’ Motion to Establish Maritime Law as the Applicable Substantive Law in an Asbestos-Based Personal Injury Action Occurring Aboard Naval Vessels
• E.C. v. RCM of Washington, Inc.
  No. 12-AA-1441 (District of Columbia Court of Appeals, June 5, 2014) D.C. Court of Appeals Holds Claimants Who Show Domestic Violence Was A “Substantial Factor” In Their Separation From Employment Are Eligible For Unemployment Benefits.
• Young v. Swiney
  -- F. Supp. 2d --, 2014 WL 2458405 (D. Md., May 30, 2014) Court Finds That A Wrongful Death Action May Arise From Suicide And Denies Motion For Summary Judgment On The Grounds That The Jury Is Best Suited To Weigh Expert Testimony In Deciding Whether Defendant’s Negligence Proximately Caused The Suicide
• New Maryland Rule 1-322.2 Is Stayed Until September 1, 2014
  Amendments to Maryland Rule 1-322.1 and New Rule 1-322.2. Stay of New Rule 1-322.2.
• Venancio Aguasanta Arias v. Dyncorp
  No. 13-7044 (D.C. Cir., May 30, 2014) United States Court of Appeals for the District of Columbia Circuit Dismissed Plaintiffs’ Claims for Lack of Article III Standing and Failure to Demonstrate General Causation.
• PPL EnergyPlus, LLC v. Douglas R.M. Nazarian
  --- F.3d ---, 2014 WL 2445800, (4th Cir., June 2, 2014) Fourth Circuit Finds Conflict and Field Preemption, Thus Invalidating Maryland Energy Program Intended to Foster In-State Plant Generation through Long-Term Power Subsidies
• Branch Banking & Trust Company v. Construction Supervision Services, Inc. (In re: Construction Supervision Services, Inc.)
  No. 13-1560 (United States Court of Appeals for the Fourth Circuit, May 22, 2014) In Construction Bankruptcy Case, Fourth Circuit Holds That Subcontractors Can Perfect Materialman and Mechanic’s Liens After General Contractor Filed For Bankruptcy
• Michael Kearns v. Northrop Grumman Systems Corporation
  No. ELH-11-1736 (D. Md., May 23, 2014) United States District Court for the District of Maryland Grants Summary Judgment For Defendant Employer Where Employee Failed to Demonstrate a “Protected Activity”
• Mary Caroline Zook v. Susan M. Pesce
  --- A.3d ---, 2014 WL 1998714 (Maryland Court of Appeals, May 16, 2014) Maryland Court of Appeals Expounds the Testamentary Exception to the Attorney-Client Privilege While Barring Its Applicability to Withhold Beneficiary’s Access to Prior Version of Decedent Father’s Trust
• Doug Cutcher v. Midland Funding, LLC, et al.
  No. ELH-13-3733 (D. Md., May 19, 2014) United States District Court for the District of Maryland Holds That It Does Not Have Personal Jurisdiction over Corporation Incorporated in California in Suit Arising out of Debt Collection
• Dallas E. Gravette v. Visual Aids Electronics, et al.
  No. 291 (Court of Special Appeals of Maryland, April 29, 2014) In Workers’ Compensation Case, Maryland Court of Special Appeals Holds That Traveling Employee Sent To a Hotel For Work Is Entitled To Recover For Injury Sustained While Dancing at the Hotel Night Club After Work Hours
• Joann Sweeney v. SuperValu Inc.
  Civil No. CCB-13-1804 (May 15, 2014) Maryland Federal District Court Grants Defendant’s Motion for Summary Judgment and Motion to Exclude Expert Witness in Grocery Store Negligence Action

May 2014

 

• Bartlett v. Portfolio Recovery Associates, LLC and Townsend v. Midland Funding, LLC
  Nos. 64 & 76 (Maryland Court of Appeals, May 19, 2014) Relaxed Evidentiary Threshold Will Force Unsophisticated, Self-Represented Defendant Debtors to Fight for Justice Against Institutional Plaintiff Debt Collectors in Small Claim Debt Buyer Trials
• Fidelity Nat’l Title Ins. Co. v. M&R Title, Inc.
  No. 12-148 (D. Md. May 12, 2014) United States District Court for the District of Maryland Holds that it does not have Personal Jurisdiction over Virginia Residents in Suit Arising of Sale of Virginia Real Estate
• Onyeneho v. Farmers Ins. Exchange
  No. JKB-12-3692 (United States District Court for the District of Maryland, May 13, 2014) Court Forgives Plaintiff for Failing to Respond to Discovery from Defendant, But Cautions Against Further Delays
• Barlow v. Colgate Palmolive Co. & Mosko v. Colgate Palmolive Co.
  Nos. 13-1839 & 13-1840 (United States Court of Appeals for the Fourth Circuit, April 30, 2014) In Asbestos Personal Injury Case, Fourth Circuit Holds That District Court Could Not Strike Remand Order and Retrieve Remanded Case from State Court as Sanction Against Plaintiffs
• First Mariner Bank v. United Security Financial Corp.
  Case No. 13-cv-3930-JKB, (April 25, 2014) Maryland Court Holds That Transfer of Case to District of Utah is Appropriate Under 28 U.S.C. § 1404(a), Where Both Cases Shared Common Questions of Law and Fact
• Sail Zambezi, Ltd. v. Maryland State Highway Administration
  --- A.3d --- (April 30, 2014) (not yet published) Trial Court interpreted proper maritime law correctly, and properly excluded damage summary
• Blackburn Limited Partnership d/b/a Country Place Apartments, et al. v. Paul
  No. 55 (Court of Appeals of Maryland, April 28, 2014) Summary Judgment in Favor of Defense Struck Down in Pool Drowning Case
• Jeannine Morse v. Erie Insurance Exchange
  --- Md. App. --- (April 29, 2014) (not yet published) Consent to Settle violation does not required UM insurer to demonstrate actual prejudice
• Woznicki v. GEICO General Insurance Company
  ___ Md. App. ___, ___ A.3d ___, No. 532 (Md. App. April 29, 2013) Maryland Intermediate Appellate Court Holds that Underinsured Motorist Insurer Need Not Demonstrate Actual Prejudice when Denying Coverage Pursuant to Md. Code Ann., Ins. § 19-511
• 1899 Holdings, LLC v. 1899 Limited Liability Company
  Case No. 13-1166, (April 24, 2014) Fourth Circuit Affirms Maryland Federal District Court’s Dismissal of Breach of Contract Action and Rejects Parol Evidence as Viable Theory for Recovery Under Facts
• Doe v. Public Citizen, et al.
  --- F.3d--- (April 16, 2014) (not yet published) Actions to enjoin publication under CPSIA cannot be sealed from the public
• Shannon v. Fusco
  ___ Md. ___, ___ A.2d ___, No. 57 (Md. April 24, 2014) Maryland Court of Appeals Finds That Expert Testimony Is Necessary to Establish “Material Risks” in Action for Failure to Obtain Patient’s Informed Consent
• Best Medical International v. Eckert & Ziegler Nuclitec GmbH
  Case No. 13-1708 (April 8, 2014) Fourth Circuit Applies “Exceptionally Deferential” Standard of Review to District Court’s Award of Attorneys Fees and Costs to Defendant Under Lodestar Analysis
• National Union Fire Insurance Company of Pittsburgh, PA., et al. v. Porter Hayden Company, et al.
  Civil Nos. CCB-03-3408, CCB-03-3414 (April 11, 2014) Maryland Federal District Court Grants In Part Insurers’ Motion for Summary Judgment as it Pertained to the Reasonableness of Insurance Claims Settlement
• Robinson-Huntley v. George Washington Carver Mutual Homes Assoc., Inc.
  Record No. 131065 (Court of Appeals of Virginia, April 17, 2014) Real Estate Cooperative Was Not Contractually Required to Repair Unit Owner’s Pipes

April 2014

 

• Antonio v. SSA Security, Inc.
  No. 13-1031, __ F.3d _ (4th Cir. April 14, 2014) Fourth Circuit Court of Appeals held that Homebuyers could not Recover Damages for Emotional Distress from Security Company for Racially-Targeted Arsons perpetrated by an Employee
• Jahanbein v. Ndidi Condominium Unit Owners Association, Inc.
  Record No. CAB-5755-11 (District of Columbia Court of Appeals, February 27, 2014) Arbitration Proper for Defendant Condo Association, But Not For Defendant Unit Owner
• Michael Queen v. Ed Schultz
  --- F.3d--- (April 4, 2014) (not yet published) Formation of partnership under District of Columbia law is a factual question
• Alban Waste, LLC v. CSX Transp., Inc.
  __F. Supp.2d _, No. 13-3192 (D. Md. April 1, 2014) United States District Court for Maryland Dismisses Declaratory Judgment Action where Moving Party Failed to Make Compulsory Counterclaim in Related Action
• BLT Burger DC, LLC v. Norvin, 1301 CT, LLC.
  --- A.3d --- (March 13, 2014) (not yet published) Underlying information required for diminished value calculations for breach of commercial lease damages.
• Coalson v. Canchola
  Record No. 130837 (Virginia Supreme Court, February 27, 2014) Virginia High Court Says 1:18 Ratio between Plaintiff’s Compensatory and Punitive Damages Was Proper in Drunk Driving Case
• Fraternal Order of Police, Montgomery County Lodge 35 v. Montgomery County
  Maryland Court of Special Appeals holds that costs in successfully defending a motion to stay arbitration are not recoverable under CTS. & JUD. PROC. § 3-228(b)
• Linda Connors v. Government Employees Insurance Company
  --- A.3d--- (March 25, 2014) (not yet published) Insureds’ right to recovery for UIM, subject to the offset of the per occurrence limit.
• United States, et al., ex rel. Jerome Palmieri v. Alpharma, Inc., et al.
  Civil Action No. ELH-10-1601 (March 21, 2014) Maryland District Court Dismisses Qui Tam Action Against Pharmaceutical Drug Manufacturers Under the Heightened Pleading Standards of the False Claims Act
• Am. Home Assurance Co. v. KBE Bldg. Corp.
  No. 13-1941 (D. Md. March 14, 2014) United States District Court for the District of Maryland finds that insured can plead quasi-contract claims alongside claims for breach of express contract
• In re: Baltimore City Asbestos Litigation
  Case No. 24X87048500 (Baltimore City Circuit Court) Baltimore City Circuit Court Denies Mass Consolidation of Asbestos Cases
• M Consulting & Export, LLC v. Travelers Cas. Ins. Co. of Am.
  No. 13-1730 (D. Md. Feb. 27, 2014) United States District Court finds that failure to ship goods did not fall within insurance policy’s coverage for “property damage”

March 2014

 

• All Class Construction, LLC v. Mutual Benefit Ins. Co.
  No. JKB-13-3358 (Feb 26, 2014) Maryland District Court Grants Summary Judgment for Defendant-Insurer in Personal and Advertising Injury Coverage Case
• Cooch v. S&D River Island LLC, et al.
  No. 1800 (Maryland Court of Appeals, February 27, 2014) Online Research By Juror Does Not Warrant New Civil Trial
• U.S. Bank Nat. Ass’n v. Zarrabi, et al.
  --- Fed.Appx --- (2014) (unreported) Certificate of Satisfaction to Borrower does not bar claim against Guarantors under judicial estoppel or collateral estoppels
• In re: Baltimore City Asbestos Litigation
  Case No. 24X87048500 (Baltimore City Circuit Court), (March 2014) Out-of-State Gasket Fabricator’s Motion to Dismiss for Lack of Personal Jurisdiction Granted in Baltimore City Asbestos Personal Injury Cases
• Blackstone Int’l Ltd. v. Maryland Cas. Co.
  ___ Md.App. ____, No. 2302 (Md. App. Feb. 28, 2014) Maryland Intermediate Appellate Court holds that breach of contract action fell within commercial general liability policy’s coverage for “advertising injury”
• Thavian Ford v. Big Daddy Drayage LLC
  Case No. 13-1873 (March 5, 2014) Fourth Circuit Affirms South Carolina District Court Order Denying Motion to Dismiss Breach of Contract Claim on Bases of Forum-Selection Clause in Related Contract
• The Brethren Mutual Insurance Company v. Ember Louise Buckley
  --- A.3d--- (March 4, 2014) (not yet published) General release does not bar recovery against Insurer in § 19-511 settlement.
• MEE Direct LLC, et al. v. Tran Source Logistics, Inc., et al.
  Case No. JKB-13-455 (February 3, 2014) Maryland District Court Applies Lex Loci Contractus and Lex Loci Delicti to Breach of Contract and Tort Dispute to Issue Favorable Judgment for Defendant-Corporation
• Meyers v. Lamer
  --- F.3d--- (2014) (not yet published) Assumption of risk for road worker injured by passing motorist a jury question.
• Delta Sigma Theta Sorority, Inc. v. Bivins
  Record No. 13-252 (BAH) (U.S. District Court for D. D.C., February 19, 2014) Trademark Infringement Suit Transferred from D.C. to Florida on Defendant’s Rule 12(b)(3) Motion to Dismiss for Improper Venue
• Millennium Inorganic Chemicals v. National Union Fire Insurance
  Case No. JKB-13-455 (Feb. 21, 2014) Fourth Circuit Reverses Maryland District Court’s Partial Summary Judgment for Plaintiff and Holds that Doctrine of Contra Proferentem Did Not Apply to Ambiguous Policies

February 2014

 

• Federal Tax Proposal Would Adversely Affect Many Law Firms
  Provisions in the Discussion Draft “Tax Reform Act of 2013” Will Require Law Firms to Pay Taxes Using the Accrual Method of Accounting
• Liberty Mutual Fire Insurance Co. v. JT Walker Indus. Inc.
  Fed.Appx - (2014) (unreported) South Carolina insurer bad faith claim Punitive damages supportable by nominal damages
• Payne v. Erie Insurance Exchange, et al.
  --- A.3d--- (2014) (not yet published) Omnibus insurance clause does not cover Second Permittee.
• Publish America, LLP v. Stern
  Case No. 2965 (February 3, 2014) Maryland Court of Special Appeals Reverses Lower Court’s Grant of Summary Judgment and Damages for Plaintiff Where Lay Witness Testimony Sufficient to Prove Defamation
• Ruark v. BMW of N. Am., LLC
  No. 09-2738 (D. Md. Jan. 30, 2014) United States District Court finds Defense Expert’s Testimony Inadmissible under Federal Rule of Evidence 702
• U.S. v. Regenerative Sciences
  Record No. 12–5254 (U.S. Court of Appeals, District of Columbia Circuit, February 4, 2014) Stem Cells Grown in Lab Prior to Clinical Use as Transplantation Product Are Biological Drugs Subject to FDA Rules
• Drager v PLIVA, Inc.
  --- F.3d --- (2014) (not yet published) State law tort claims preempted by FDCA
• Robert Graham v. National Union Fire Insurance
  Case No. 2965 (February 3, 2014, per curiam) Fourth Circuit Affirms in Part and Vacates in Part West Virginia District Court Judgment Denying Prejudgment Interest on Attorney Fees and Opportunity to Prove Aggravation.
• Vasyl Yakovets v. Sidney Carl Bailin
  Case No. JKB-13-3439 (January 23, 2014) Maryland District Court Holds that Jurisdiction Could Not Be Exercised by Maryland Courts Based on Personal Jurisdiction Over a Different Defendant
• Powell v. Palisades Acquisition XVI, LLC
  No. 13-0219 (D. Md. Jan. 29, 2013) United States District Court holds that filing Assignment of Judgment does not constitute an attempt to collect consumer debt under the Fair Debt Collection Practices Act
• Webb v. Virginian-Pilot Media Companies
  --- S.E.2d --- (2014) (not yet published) Implied defamation in newspaper article not reasonable as a matter of law

January 2014

 

• Robertson v. Western Virginia Water Authority
  No. 130416 (Supreme Court of Virginia, January 10, 2014) Sovereign Immunity Does Not Apply to Plaintiff’s Property Damage Claim Against Municipal Water Authority For Burst Pipe Because Maintenance and Operation of Sewer Line Is Proprietary, Not Governmental, Function
• Simpson v. Roberts
  No. 121984 (Supreme Court of Virginia, January 10, 2014) Fetus Allegedly Injured In Utero Is Patient For Purposes of Application of Virginia’s Statutory Cap on Damages in Med Mal Cases
• Summers v. Altarum Inst., Corp.
  ___ F.3d ___, No. 13-1645 (4th Cir. Jan. 23, 2014) Fourth Circuit Court of Appeals holds that a severe temporary impairment constitutes a disability under the Americans with Disabilities Act
• Ellis v. Housing Authority of Baltimore City, Johnson v. Housing Authority of Baltimore City
  No. 16 and No. 17 (Court of Appeals of Maryland, November 26, 2013) Plaintiffs’ Failure to Comply with LGTCA Thwarts Lead Paint Personal Injury Lawsuits
• First Financial Insurance Company v. Tonya Brumbaugh
  Case No. 12-2452 (January 8, 2014) Fourth Circuit Holds that South Carolina District Court Abused its Discretion in Using the Doctrine of Estoppel to Create Insurance Coverage
• Yelp, Inc. v. Hadeed Carpet Cleaning, Inc.
  --- A.3d --- (2013) (not yet published) Virginia sets standard for piercing online anonymity
• Am. Bank Holdings, Inc. v. Kavanaugh
  No. 21 (Md. Dec. 30, 2013) Maryland Court of Appeals holds that Order Denying Motion to Compel Arbitration in ongoing proceeding was not appealable
• Espina v. Prince George’s County, et al.
  --- A.3d --- (2013) (not yet published) Local Government Tort Claim Act damages cap applies to Constitutional claims.
• Nat’l Union Fire Ins. Co. of Pittsburgh, Pa. v. Porter Hayden Co.
  Nos.: 03-3414, 03-3408 (D. Md. Jan. 2, 2013) United States District Court finds that Maryland recognizes horizontal exhaustion rule, which must be applied to pro rata loss allocation in insurance coverage cases.
• Gordon v. Lewis
  No. 1505 (Court of Special Appeals of Maryland, December 18, 2013) Decision by Trial Court to Enforce FINRA Arbitration Panel’s Punitive Damages Award Is Affirmed on Appeal
• Montgomery County, Maryland v. Soleimanzadeh
  Nos. 25 and 27 (Court of Appeals of Maryland, December 23, 2013) Summary Judgment Available in Condemnation Cases on Issue of Just Compensation
• Timothy Olson v. Midland Funding, LLC, et al.
  Case No. CCB-13-1882 (December 18, 2013) Maryland Federal District Court Grants Defendants’ Motions to Dismiss Alleged Violations of Fair Debt Collection Practices Act on Grounds that Claims were Time-Barred and Insufficient

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