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 2015

 

• Jackie Nichols v. City of Rehoboth Beach, Sam Cooper, and Sharon Lynn
  No. 15-062-GMS (United States District Court for the District of Delaware, December 14, 2015) U.S. District Court Examines Standing to Challenge Special Elections
• Sierra Roach v. Navient Solutions, Inc.
  No. JKB-15-1974 (December 10, 2015, U.S. District Court for the District of Maryland) Motion to Compel Arbitration Granted in Dispute Arising Out of Student Loan Promissory Note
• Severn Peanut Co., et al. v. Industrial Fumigant Co., et al.
  -- F.3d – (2015) (December 2015) Exculpatory clause valid under N.C. law and barred consequential damages under contract and negligence theories.
• William Garcia v. AA Roofing Co., LLC
  No. CAB1337-14 (September 10, 2015, District of Columbia Court of Appeals) D.C. Trial Court Erred in Granting Dismissal on Ground of Forum Non Conveniens
• Greatbatch Ltd. v. AVX Corporation and AVX Filters Corporation
  No. 13-723-LPS (United States District Court for the District of Delaware, December 10, 2015) U.S. District Court for the District of Delaware Examines Motion to Stay Analysis
• Terreski Mullins, et al. v. Ethicon, Inc., et al.
  United States District Court for the Southern District of West Virginia (December 4, 2015) Federal Law Requiring Preclearance to Market Medical Devices Does Not Preempt State Tort Law
• Green v. Wing Enterprises, Inc.
  Civ. No. RDB-14-1913 (Nov. 20, 2015) U.S. District Court for the District of Maryland Defendant’s Motions for Summary Judgment on Sealed Container, Misrepresentation, and Maryland Consumer Protection Act Denied in Product Liability Case Involving Ladder Injury
• John Lesesne v. District of Columbia
  (November 25, 2015) United States District Court for the District of Columbia Incarcerated Plaintiff’s Failure to Present Expert Testimony and Demonstrate a Sufficient Special Relationship Barred His Claims for Negligence and Negligent Infliction of Emotional Distress
• Marlin Johnson v. Organo Gold Int’l, Inc., et al.
  No. 15-390-LPS (United States District Court for the District of Delaware, November 20, 2015) U.S. District Court Examines Supplemental Jurisdiction in the Context of Class Actions
• Toriano A. Giddens v. Experian Information Solutions, Inc.
  No. 14-570-GMS (United States District Court for the District of Delaware, November 19, 2015) U.S. District Court Examines Fair Credit Reporting Act Claims and Repercussions of Failing to Engage in Discovery
• Lisy Corp. v. McCormick & Co.
  2015 Md. LEXIS 803 (November 23, 2015) Case Information Report not acceptable “paper” for jury trial demand even if served.
• Susan Volkman v. Hanover Investments, Inc., et al.
  Court of Special Appeals of Maryland (November 25, 2015) Circuit Court Abused Its Discretion in Issuing a Declaratory Judgment When the Same Parties Were Litigating the Same Issues in another Forum

November 2015

 

• Crowley v. JP Morgan Chase Bank, Nat’l Assoc. et al.
  No. RDB-15-00607 (November 9, 2015, U.S. District Court for the District of Maryland) Court Dismisses All Claims Against Bank in Connection with Foreclosure, Allows Fair Debt Collection Practices Act Claim to Go Forward Against Bank’s Attorneys
• Mark Edwards v. Leach International and DRI Relays, Inc.
  No. 15-321-LPS (United States District Court for the District of Delaware, November 18, 2015) U.S. District Court Examines Requirements to Transfer A Case Pursuant To 28 U.S.C. § 1631
• William Chaffman v. Yuri V. Estrada-Bernales
  (November 17, 2015) Court of Special Appeals of Maryland Circuit Court Properly Struck Deemed Admissions and Prohibited Evidence of the Existence of Defendant’s Insurance
• Damarius T. Turnage v. Warden Bill Oettell, et al.
  No. 15-696-SLR (United States District Court for the District of Delaware, October 26, 2015) U.S. District Court Examines Requirements for § 1983 Claims Against Correctional Officers
• Rhema, LLC v. Foresite, LLC
  (November 10, 2015) Court of Special Appeals of Maryland Substitute Service Procedures of Maryland Rule 2-124(o) Satisfy the Requirement of Due Process
• Siarkowski v. Petco Animal Supplies Stores, Inc,. et al.
  No. DKC-15-0430 (November 3, 2015, U.S. District Court for the District of Maryland) Court Dismisses Claims of Battery, Intentional Infliction of Emotional Distress, Res Ipsa Loquitur and Punitive Damages in Case Involving Sale of Diseased Rats
• Command Technology Inc. v. Lockheed Martin Corporation
  (October 27, 2015) Court of Special Appeals of Maryland Trial Court Correctly Granted Summary Judgment and JNOV in Dispute between Military Contractors
• Deborah K. Dimatteo v. Pabian Properties
  No.15-833-SLR (United States District Court for the District of Delaware, November 4, 2015) U.S. District Court Examines the Rooker-Feldman Doctrine and Younger Abstention Doctrine
• Mannie and Catherine Jackson Descendant Trust, et al. v. Nancy R. Rizzo, et al.
  No. 15-659 (United States District Court for the District of Delaware, October 27, 2015) U.S. District Court Examines Requirements to Transfer Venue Under 28 USC § 1404(a).
• Jakeem Roy v. Sandra B. Dackman, et al
  No. 6 (Court of Appeals of Maryland) ¬¬Court of Appeals Reverses Court of Special Appeals on Medical Expert Qualification in Lead Paint Case
• J.S., C.S., and A.S., minors by and through their mother, S.S. v. Red Clay Consolidated School District
  No. 15-876 (United States District Court for the District of Delaware, October 8, 2015) U.S. District Court Examines Requirements for a Temporary Restraining Order or Preliminary Injunction
• Mia Mason v. Machine Zone, Inc.
  (October 21, 2015) United States District Court for the District of Maryland Plaintiff Who Lost Virtual Money in Video Game Cannot Recover from Video Game’s Maker
• Southern Track and Pump, Inc. v. Terex Corp.
  No. 08-543 (United States District Court for the District of Delaware, October 16, 2015) U.S. District Court Examines The Delaware Dealer Statute, 6 Del. C. §§ 2720 et seq.
• SWN Production Company, LLC v. Edge, et al
  No. 15-cv-105 (September 30, 2015, U.S. District Court for the Northern District of West Virginia) Preliminary Injunction Granted, Allowing Oil and Natural Gas Company to Conduct Horizontal Drilling Underneath Surface Land Owner’s Property

October 2015

 

• Cacie Biddle v. Fairmont Supply Company
  United States District Court for the Northern District of West Virginia (September 24, 2015) Plaintiff’s Allegations of Gender Discrimination Were Undermined by Defendant’s Efforts to Improve Her Work Performance
• Crafton v. Dackman
  (August 20, 2015) Court of Special Appeals of Maryland Trial Court Erred by Entering Judgment in Favor of Defendants in Lead Paint Personal Injury Case on Basis of Lack of Compensable Injury
• David Juell Mitchell v. Norfolk Southern Railway Company
  No. 2:15CV00002 (United States District Court for the Western District of Virginia, September 8, 2015) Despite Out-of-State Location of Injury and Multiple Witnesses, Defendants Did Not Meet Burden to Transfer Venue
• Deutsche Bank National Trust Company v. Ronald Bishop
  No. 13-01645 (United States District Court for the District of Delaware, September 30, 2015) U.S. District Court Examines Scire Fasias Sur Mortgage Actions Under 10 Del. C. §§ 5061-67
• Earnest Demel v. Nortel Networks, Inc.
  No. 14-1215 (United States District Court for the District of Delaware, September 10, 2015) U.S. District Court Examines the Motion to Alter or Amend Judgment Standard
• Erik Search v. Uber Technologies, Inc., et al.
  (September 10, 2015) United States District Court for the District of Columbia Federal District Court Rejects Uber’s Attempt to Dismiss Complaint Based on Argument That Its Driver Was An Independent Contractor
• Karen M. Roberts v. Bayhealth Medical Center, Inc.
  No. 13-1779 (United States District Court for the District of Delaware, August 25, 2015) U.S. District Court Examines the Reasonable Accommodation Requirement under the ADA
• LNV Corp. v. Harrison Family Business, LLC, et al.
  No. ELH-14-03778 (United States District Court for the District of Maryland, September 18, 2015) Appointment of Receiver Appropriate Pending Debt-Collection Action Where Defendants Operated Several Inter-Related, Family-Owned Businesses
• Madison v. Bobst N. Am., Inc.
  2015 U.S. Dist. LEXIS 115878, *3 (E.D. Va. Aug. 31, 2015) Failure to Warn claim requires “reason to know” of danger.
• Millicent Carvalho-Grevious v. Delaware State University, John Austin, and Alton Thompson
  No. 13-1386 (United States District Court for the District of Delaware, September 30, 2015) U.S. District Court Examines Causation Standard for Unlawful Retaliation Claims
• Teresa N. Rigby, et al. v. Allstate Indemnity Company
  No. 263, Sept. Term, 2014 (filed September 30, 2015) Trial Court Correctly Determined That the Negligent Driver of a Vehicle Was Not a Covered Driver on the Policy Thus Not Insured Under the Vehicle Owner’s Umbrella Policy
• TL of Florida, Inc. v. Terex Corporation
  No. 13-2009 (United States District Court for the District of Delaware, September 24, 2015) U.S. District Court Examines Statute of Limitations in Fraud and Misrepresentation Context

September 2015

 

• Midwestern Midget Football Club, Inc. v. Riddell, Inc.
  2015 U.S. Dist. LEXIS 104426, CA No. 2: 15-00244 (W. Dist. W.V. August 10, 2015) Organization is “Person” under West Virginia Consumer Credit and Protection Act
• Myles v. Rent-A-Center, Inc.
  Civ. No. JKB-15-300 (July 7, 2015) U.S. District Court for the District of Maryland
  In Bed Bug Case, Court Denied Defendants’ Motion to Dismiss Plaintiffs’ Fraud, Consumer Protection, and Punitive Damages Claims for Failure to State a Claim
• Spectra-4, LLP v. Uniwest Commercial Realty, Inc.
  (August 21, 2015) Building Management Company Can Only Enforce Terms From Implied-In-Fact Contract Coinciding with Conduct

August 2015

 

• Bontempo v. Lare
  No. 55 (August 6, 2015) (Maryland Court of Appeals) Employment-Related Damages for Oppressed Minority Shareholder Are Unlikely Unless Oppressive Conduct Involved a Breach of Employment Agreement
• John C. Flood of MD, Inc. v. Jerry Brighthaupt
  No. 14-CV-1194 (District of Columbia Court of Appeals, August 13, 2015) Judgment-Creditor Was Entitled to Serve Writ of Attachment on Third Party Who Received Fraudulently Conveyed Assets from Judgment-Debtor
• Schlotzhauer v. Morton
  2015 Md. App. LEXIS 98, *1 (Md. Ct. Spec. App. July 30, 2015) Claim revested through bankruptcy proceeding not subject to dismissal.
• Larry Cooper v. Melissa Rodriguez
  No. 87 (Court of Appeals of Maryland, July 27, 2015) Court of Appeals Finds Gross Negligence Exception to Public Official Immunity Under Maryland Tort Claims Act
• DeStefano v. Children’s National Medical Center
  Civ. No. 13-CV-679 (July 23, 2015) As a Matter of First Impression, District of Columbia Court of Appeals Holds that a Plaintiff Making a Rescue Attempt and Thereby Entering the Zone of Danger, May Recover Mental Distress Damages
• Wynn's Extended Care, Inc. v. Penny Bradley
  No. 14-2334 (United States Court of Appeals for the Fourth Circuit, July 28, 2015) Fourth Circuit Grants Corporation’s Motion for Summary Judgment Regarding Plaintiff’s Virginia Consumer Protection Act and Magnuson-Moss Warranty Act Claims Due to Plaintiff’s Failure to Present Sufficient Evidence that an Agency Relationship Existed Between a Corporation and a Third-Party Automobile Dealer
• Bryant Moore, et al. v. Paul Edward Koch, II
  2015 U.S. Dist. LEXIS 94411 Counterclaims to Fair Debt Collection Practices Act Dismissed for Failure to State Claim and Permissive Nature in Part
• Brian Nichols v. Carriage House Condominiums at Perry Hall Farms, Inc., et al.
  Civil No. RDB-14-3611 (United States District Court for the District of Maryland, July 15, 2015) United States District Court for the District of Maryland Grants Defendant’s Motion to Dismiss Regarding Plaintiff’s Fair Housing Act Claims
• Angela Schneider v. Ed’s Marine Superstore, Inc. et al.
  No. SAG-14-1035 (United States District Court for the District of Maryland, July 17, 2015) Plaintiff’s General Knowledge of a Dangerous Condition Sufficient to Withstand Summary Judgment, Despite Lack of Specific Knowledge as to Details of Fall

July 2015

 

• Willie Mae Ford v. Antwerpen Motorcars Ltd., et al
  No. 68, September Term 014 Buyers’ Order and Retail Installment Sales Contract Evidence Entirety of Contract
• Liberty University, Inc. v. Citizens Insurance Company of America, et al.
  No. 14-2254 (United States Court of Appeals for the Fourth Circuit, July 10, 2015) Insurer Not Required to Defend Insured Against Allegations of Direct and Vicarious Liability Arising from Alleged Kidnapping Scheme by Insured and its Agents
• Sundersingh Bala v. Commonwealth of Virginia Department of Conservation and Recreation
  No. 14-1326 (United States Court of Appeals for the Fourth Circuit, June 25, 2015) Fourth Circuit Dismisses Employment Discrimination Lawsuit Because Plaintiff Was Found to Have Waived His Right to Bring a Claim Pursuant to a Settlement Agreement
• Reza Mostofi v. Midland Funding, LLC, et al.
  No. 1084 (Court of Special Appeals of Maryland, July 2, 2015) Attempt to Void Final Judgment in Prior Debt Collection Case Barred by Principles of Res Judicata and Collateral Estoppel
• Murray v. Midland Funding, LLC
  Civ. No. JKB-15-0532, United States District Court for the District of Maryland (June 23, 2015) Rooker-Feldman Doctrine Requires Remand of Part of Plaintiff’s Class Action Complaint, but Remaining Counts Will Remain in Federal Court
• Smith v. Rowhouses, Inc.
  No. 993 (Court of Special Appeals of Maryland, July 2, 2015) Court of Special Appeals of Maryland Finds that A Court May Rely On Circumstantial Evidence in a Lead Paint Personal Injury Case
• Cash & Carry America, Inc. v. Roof Solutions, Inc., et al.
  No. 2122 (Court of Special Appeals of Maryland, June 30, 2015) Court of Special Appeals of Maryland Finds that Contractors Owe a Duty to Exercise Reasonable Care to Prevent Damage to Tangible Personal Property to Third Parties who Own that Property Inside a Structure
• D.C. Mason Builders, Inc. v. Bancroft Construction Co., et al.
  (U.S. District Court for the District of Maryland, June 30, 2015) Rule 12(b)(6) Motion to Dismiss Denied as to Claim of Tortious Interference with a Contractual Relationship Where Defendant Was Not a Contracting Party, But Maintained Economic Relationship with Contracting Parties
• Tynan Smith, et al. v. Union Carbide Corp., et al.
  United States District Court for the District of Maryland, Civil No. CCB-14-3742 (D. Md. July 2, 2015) Maryland Federal District Court Finds Viable Federal Contractor Defense Under 28 U.S.C. § 1442(a)(1) in Asbestos Litigation
• Andrew Adams v. Anne Arundel County Public Schools
  (U.S. Court of Appeals for the Fourth Circuit, June 15, 2015) No Merit in Appellant’s Claims that Board of Education of Anne Arundel County Violated His Rights Under the Family and Medical Leave Act and Americans with Disabilities Act
• Osborne v. Mountain Empire Operations LLC, et al
  No. 1:2014cv00042 - Document 63 (W.D. Va. 2015) Sanctions not warranted where no prejudice was found from corporate designee’s improper and inadequate preparation for deposition
• Yasmin Reyazuddin v. Montgomery County, Maryland
  No. 14-1299 (United States Court of Appeals for the Fourth Circuit, June 16, 2015) Fourth Circuit Rules Public Employees May Not Bring Public Employment Discrimination Claims under Title II of the ADA
• Capital City Real Estate, LLC v. Certain Underwriters at Lloyd’s London, Subscribing to Policy Number: ARTE018240
  No.14-1239 (U.S. Court of Appeals for the Fourth Circuit, June 10, 2015) District Court Erred in Granting Summary Judgment to Underwriters; Scope of Coverage Creates a Clear Duty to Defend Contractor Held Liable for Subcontractor’s Negligence
• Jackson v. Middleton
  Circuit Court of the City of Norfolk, Virginia, Docket No. CL 14-104 Notice of claim sufficient to exclude coverage from retroactive professional insurance policy.
• Mach Mining, LLC v. EEOC
  No. 13–1019 (Supreme Court of the United States, April 29, 2015) Courts May Review Whether the EEOC Has Met Statutory Obligation to Conciliate Discrimination Claims

June 2015

 

• EEOC v. Abercrombie & Fitch Stores, Inc.
  No. 14–86 (Supreme Court of the United States, June 1, 2015) American Retailer Found in Violation of Title VII of the Civil Rights Act of 1964 for Discriminating based on Religion
• Trashawn Johnson v. Roberta Franklin
  Court of Special Appeals of Maryland, Case No. 1216 (Md. Ct. Spec. App. May 29, 2015) Maryland Court of Special Appeals Vacates Denial of Summary Judgment Where Improper Legal Standard was Applied to Complaint to Perpetuate Evidence in Lead Paint Action
• Zilichikhis v. Montgomery County, Maryland
  No. 388 (Court of Special Appeals of Maryland, May 28, 2015) Trial Court Properly Granted Summary Judgment on the Grounds that Plaintiff Produced No Admissible Evidence of Defendants’ Actual or Constructive Knowledge of a Slip-and-Fall Hazard
• Albert Sublet IV v. State, No. 42 , Tavares D. Harris v. State, No. 59, Carlos Alberto Monge-Martinez v. State, No. 60
  (Court of Appeals of Maryland, April 23, 2015) Following Griffin, Maryland High Court Expands on Techniques to Authenticate Social Media Evidence
• John Farrace v. Bureau of Alcohol, Tobacco, Firearms and Explosives
  No. 14-468 (United States District Court for the District of Delaware, May 13, 2015) U.S. District Court Examines Judiciary’s Authority to Review the Merits of Administrative Forfeiture Proceedings
• Maryland Casualty Company, et al. v. Blackstone International Ltd., et al.
  (No. 51, September Term, 2014) Court of Appeals finds no advertising injury coverage where causal relationship between injuries and activities are lacking.

May 2015

 

• Maryland General Assembly Wraps Up 2015 Legislative Session
  (May 2015)
• American Civil Liberties Union Foundation v. Department of Correction, State of Delaware
  No. 09-179 (United States District Court for the District of Delaware, April 29, 2015) U.S. District Court Examines Motion for Reargument Standard Under FRCP 59(e)
• TrimGen Corporation v. Iverson Genetic Diagnostics, Inc.
  United States District Court for the District of Maryland, Civil Action No. RDB-14-2850 (D. Md. May 7, 2015) Maryland District Court Denies Defendant’s Motion to Dismiss in Breach of Contract Diversity Action and Grants Plaintiff’s Motion for Leave to File a Surreply
• Dynport Vaccine Co., LLC v. Lonza Biologics, Inc.
  United States District Court for the District of Maryland, CIVIL NO. JKB-14-2921 (D. Md. May 1, 2015) Maryland District Court Grants in Part and Denies in Part Motion to Dismiss or, in The Alternative, For More Definite Statement Under Fed. R. Civ. P. 12(b)(6) and 12(e)
• Jones v. Family Health Centers of Baltimore, Inc., et al.
  Civil No. 14-762, ___ F. Supp. 2d ___ (D. Md. May 5, 2015) United States District Court for District of Maryland Finds that Hand Delivery of Pleading/Paper is Insufficient where Electronic Filing is Otherwise Required
• Raymond Pierre v. Beebe Hospital/Medical Center, et al.
  No. 13-2102 (United States District Court for the District of Delaware, May 4, 2015) U.S. District Court Examines Standard for Granting Relief Under FRCP 60(b) and for Recusal Under 28 U.S.C. § 144.
• Freeman v. Doubletree by Hilton
  2015 Va. Cir. LEXIS 29 (unpublished) Hotel patron has no right to contractual damages for elevator defect causing injury.
• Russell v. Call/D, LLC
  No. 13-CV-1177 (D.C. Court of Appeals, April 15, 2015) District of Columbia Shifts Toward Federal Daubert-Kumho Expert Witness Standard
• Standley v. Edmonds-Leach
  No. 13-7104 (United States Court of Appeals for the District of Columbia Circuit, April 21, 2015) When in Doubt, Disclose Witnesses Under Rule 26(a) Rather Than Relying on Using Them at Trial Under the Impeachment Exception
• Jonathan Black v. Robert Coupe, et al.
  No. 14-214 (United States District Court for the District of Delaware, April 10, 2015) U.S. District Court Examines Standard for Dismissing a Frivolous Complaint Pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1)
• Kettler Int’l, Inc. v. Starbucks Corp.
  2015 U.S. Dist. LEXIS 52310 (VA April 14, 2015) (not yet published) Damages claim limited due to spoliation in defective design case.
• MHD-Rockland, Inc. v. Aerospace Distributors, Inc.
  Civil No. 13-2442, ___ F. Supp. 2d ___ (D. Md. April 20, 2015) United States District Court for District of Maryland Enters Sanctions against Party for Failing to Attend Court Ordered Settlement Conference

April 2015

 

• Linda Connors, Individually etc., v. Government Employees Insurance Co.
  Court of Appeals of Maryland, Case No. 45, September Term, 2014 (Md. April 17, 2015) Maryland Court of Appeals Interprets Insurance Policy in Favor of Insurer and Concludes that Underinsured Motorist Provisions Were Not Ambiguous
• Nat’l Consumers League v. Bimbo Bakeries United States
  Case No. 2013 CA 006548 B D.C. Superior Court holds that Non-Profit can recover monetary damages on behalf of non-party consumers under the D.C. Consumer Protection Procedures Act
• Michael Whaley and Valerie Robinson v. Lewis Schiliro
  No. 12-633 (United States District Court for the District of Delaware, March 31, 2015) U.S. District Court Examines Standard for Employment Discrimination and Retaliation Claims
• Deidre Horsey v. United States of America, et al.
  United States District Court for the District of Maryland, Civil Action No. ELH-14-03844 (D. Md. April 7, 2015) Maryland Federal District Court Dismisses Plaintiff’s Claims Against the Government Under the Federal Tort Claims Act in Medical Malpractice Lawsuit
• Spherix Incorporated and NNPT, LLC v. Juniper Networks, Inc.
  No. 14-578 (United States District Court for the District of Delaware, March 30, 2015) U.S. District Court Examines Pleading Standard for Willful Patent Infringement Claims
• Swarey v. Stephenson
  No. 1272 (Court of Special Appeals of Maryland, April 1, 2015) Trial Court Should Have Given Effect to Federal Pleadings on Remand, and Should Have Allowed Jurisdictional Discovery on Defendants’ Motions to Dismiss for Lack of Personal Jurisdiction
• Helios Software, LLC and Pearl Software, Inc. v. SpectorSoft Corporation
  No. 15-20 (United States District Court for the District of Delaware, March 25, 2015) U.S. District Court Examines Motion to Stay Standard
• Payne v. Erie Ins. Exch.
  2015 Md. LEXIS 172, 1 (Md. Mar. 30, 2015) (not yet published) Omnibus insurance clause does not cover Second Permittee.
• Toomer v. William C. Smith & Co., Inc.
  No. 13-CV-1210 (District of Columbia Court of Appeals, Mar. 26, 2015) Defendant Land Owner’s Property Did Not Have Any “Hidden Engine of Destruction,” But Factual Dispute Over Plaintiff’s Status as Licensee or Trespasser Leads to Reversal of Trial Court Grant of Summary Judgment to Defendant
• Encompass Home & Auto Ins. Co. v. Harris
  Harris (D. Md. March 17, 2015) Insurance policy void ab initio where not owner occupied.
• Kathleen Morgan v. Geoffrey Scott
  No.14-1319 (United States District Court for the District of Delaware, March 19, 2015) U.S. District Court Examines The Rooker-Feldman Doctrine
• Sullivan v. Abovenet Comm’ns, Inc.
  No. 14-CD-431 (D.C. March 26, 2015) D.C. Court of Appeals Reversed Entry of Judgment In Favor Of Defendants, Holding That Trial Court Should Have Examined All Evidence Presented At Trial
• AIG Europe LTD v. General System, Inc
  United States District Court for the District of Maryland, Civil Action No. RDB-13-0216 (D. Md. March 19, 2015) Maryland Federal District Court Dismisses Cross-Claim Against Defendant in Action Arising Under the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706
• Margolis v. Sandy Spring Bank
  ___ Md. App. ___, No. 2215 (Md. App. Feb. 26, 2015) Maryland’s Intermediate Appellate Court holds that Bank’s use of “Batch-Processing” method of debiting consumers’ accounts did not violate Maryland’s Consumer Protection Act
• Paul Seegar v. Thomas P. Anticola, et al.,
  No. 13-2030 (United States District Court for the District of Delaware, March 12, 2015) U.S. District Court Examines Federal Rule of Civil Procedure 12(b)(2) Standard

March 2015

 

• Beckwith v. Interstate Mgmt. Co., LLC
  No. 14-00214 United States District Court for the District of Columbia enters summary judgment in favor of a hotel management company in action premised on criminal acts of a third party
• CryoLife, Inc., v. C.R. Bard, Inc., et al.
  No. 14-559 (United States District Court for the District of Delaware, March 10, 2015) U.S. District Court Examines Standard For Granting Preliminary Injunctive Relief
• Price v. Independence Federal Savings Bank
  Nos. 12-CV-1692 & 13-CV-686 (District of Columbia Court of Appeals, Feb. 19, 2015) Trial Court Properly Dismissed Plaintiffs’ Case Against Bank Defendant on Basis of Res Judicata, Since Plaintiff LLC Member and His LLC Were In Privity Where LLC Member Held Himself Out As LLC Representative in Prior Litigation
• Branden Wallace v. Eric Houston, et al.
  No. 12-820 (United States District Court for the District of Delaware, February 26, 2015) U.S. District Court Examines The "Relation Back" Provision of Federal Rule of Civil Procedure 15(c)
• Bunnell v. Rago
  2015 U.S. Dist. LEXIS 26472, 1 (D. Md. Mar. 4, 2015) Membership of LLC determines citizenship for diversity
• Kochhar v. Bansal
  No. 435 (Maryland Court of Special Appeals) Plaintiffs’ Fraudulent Conveyance Complaint Against Chapter 13 Debtor Defendants Was Void Ab Initio Since It Was Filed in Violation of Automatic Bankruptcy Stay
• Lacey Townsend v. Eastern Specialty Finance, Inc.
  No. 13-1403 (United States District Court for the District of Delaware, February 12, 2015) U.S. District Court Examines Pleading Standard Under FRCP 12(b)(6) and FRCP 9(b)
• Ross Contracting, Inc. v. Frederick County
  --- A.3d---, (Md. Spec. App. 2015) County construction Contract Arbitration award only appealable to Circuit Court
• White v. Kennedy Krieger Institute
  Court of Special Appeals of Maryland, No. 1015 (Md. Ct. Spec. App. February 26, 2015) Maryland Court of Special Appeals Affirms Judgment of Lower Court for Defendant But Holds That Parent’s Reliance May be Imputed to Minor Child on Misrepresentation Claim
• EEOC v. Freeman
  United States Court of Appeals for the Fourth Circuit, No. 13-2365 (4th Cir. February 20, 2015) Fourth Circuit Affirms Maryland District Court’s Grant of Summary Judgment for Employer Where EEOC Relied Upon Erroneous Expert Testimony of Industrial Psychologist
• Endeavor Meshtech, Inc. v. Aclara Technologies LLC
  No. 13-1618 (United States District Court for the District of Delaware, February 25, 2015) U.S. District Court Examines Motion to Transfer Venue Standard Under 28 U.S.C. § 1404(a)
• Fisher v. Tails, Inc.
  ___ S.E.2d ___ (Va. Jan. 8, 2015) Virginia Supreme Court finds that an act of corporate domestication does not give rise to shareholders’ statutory rights of appraisal

February 2015

 

• Amir Fatir v. Walter Redman, et al.
  No. 76-364 (United States District Court for the District of Delaware, February 3, 2015) U.S. District Court Examines Docket Management Authority Under FRCP 41(b)
• Curry v. Trustmark Insurance Company
  No. 13-1995 (United States Court of Appeals for the Fourth Circuit) Continuing Breach Theory Does Not Apply to Disability Insurance Policy and Plaintiff’s Entire Claim Is Time-Barred
• Giant of Maryland, LLC, et al. v. Julia Taylor
  --- A.3d---, (Md. Spec. App. 2015) Award of prevailing party attorneys fees contingent on status as prevailing party
• Beyond Systems, Inc. v. Kraft Foods, Incorporated
  United States Court of Appeals for the Fourth Circuit, No. 13-2137 (4th Cir. February 4, 2015) Fourth Circuit Affirms Maryland District Court’s Decision That Volenti Non Fit Injuria Precluded Internet Provider’s Recovery Under California and Maryland Anti-Spam Statutes
• Blue v. Arrington
  ___ Md. App. ___ (Jan. 30, 2015) Maryland intermediate appellate court holds that statute prohibiting local government employees from suing one another does not contravene employees’ equal protection rights
• Powell v. Wurm
  No. 0782 (Maryland Court of Special Appeals, January 29, 2015) In Medical Malpractice Case, Plaintiff’s Certificate of Qualified Expert and Report Were Legally Sufficient, and Thus, Trial Court Erred by Dismissing Complaint
• Falls Garden Condominium Association, Inc. v. Falls Homeowners Association, Inc
  --- A.3d ---- (2015) Court of Appeals affirms holding that Letter of Intent is enforceable where it contained all necessary terms and did not explicitly reject being bound.
• Rosebrook v. Eastern Shore Emergency Physicians
  ___ Md. App. ___ (Jan. 28, 2015) Maryland's intermediate appellate court adopts Section 3.07 of Restatement (Third) of Agency, and finds corroboration unnecessary to support admissibility of habit evidence
• Theodore Barrett, et al., v. Lawrence McDonald MD, et al.
  No. 14-742 (United States District Court for the District of Delaware, January 16, 2015) U.S. District Court Examines FRCP 24(b)(1)(B) Permissive Intervention Standard
• Jeremy Marks v. Thomas Dann
  United States Court of Appeals for the Fourth Circuit, No. 14-1150 (4th Cir. January 21, 2015) Fourth Circuit Affirms Maryland District Court’s Holding That Maryland Tort Claims Act Provides Immunity From Suit Against State Official in His Personal Capacity
• Vanderkam v. Vanderkam
  No. 13-5163 (United States Court of Appeals for the District of Columbia Circuit, January 20, 2015) ERISA Preempts Plan Participant’s Attempt to Impose State Law Constructive Trust on Ex-Wife’s Vested Survivor Annuity Benefits

January 2015

 

• James Demetres v. East West Construction, Inc.
  United States Court of Appeals for the Fourth Circuit, No. 14-1150 (4th Cir. January 15, 2015) Fourth Circuit Affirms District Court’s Decision That Virginia Workers’ Compensation Act Barred Personal Injury Suit by Construction Worker Employed by North Carolina Company
• Malibu Media, LLC v. Doe
  No. 14-288, 2014 WL 7369797 (D. Md. Dec. 24, 2014) United States District Court dismisses claim for failure to effectuate timely service without a showing of good cause
• Parker v. U.S. Dep't of Justice Exec. Office for U.S. Att'ys
  ___ F.Supp.3d ___ (D. D.C. Jan. 21, 2015) United States District Court finds that memorandum drafted before the inception of litigation fell within the work product protection
• Fiorucci v. Chinn
  No. 131869 (Supreme Court of Virginia, October 31, 2014) Informed Consent Discussions Excluded in Medical Malpractice Case
• Hyundai Motor Company, Ltd. v. Duncan
  No. 140216 (Supreme Court of Virginia, January 8, 2015) In Product Liability Case, Trial Court Abused Discretion by Admitting Opinion of Plaintiff’s Expert
• Thorton v Maryland General Hospital
  not reported in F. Supp. (2015) Obstetrician was apparent agent of hospital when patient arrived with fetal demise
• Bancroft v. Goroff et al.
  No. CCB—14—2796 (D. Md. December 31, 2014) District Court Granted Defendant’s Motion to Dismiss Plaintiff’s Fraud and Breach of Contract Claims Finding that Neither Puffery, Nor Opinions Constituted Fraud or Breach Where the Contract Promised Efforts, Not Outcomes
• Robinson v. Washington Metropolitan Area Transit Authority
  -- F.3d -- (2014) Plaintiff’s testimony that bus was driving “fast” was insufficient to prove negligence
• Uribe, et al., v. Aaron’s, Inc.
  No. GJH— 14—0022 (S. D. Md. January 5, 2015) District Court Granted Defendant’s Motion for Summary Judgment Where Plaintiffs Abandoned Claims by Failing to File Timely Responses
• First Mercury Insurance Co. v. The Earleigh Heights Volunteer Fire Co. of Anne Arundel County
  No. ELH—14—3156 (D. Md. December 22, 2014) Upon Applying the Kapiloff factor test, the District Court Abstained for Exercising Jurisdiction in a Declaratory Judgment Action and Granted Defendant’s Motion to Dismiss
• Gretchen Stuart v. Paul Camnitz
  United States Court of Appeals for the Fourth Circuit, No. 14-1150 (4th Cir. December 22, 2014) Fourth Circuit Affirms Grant of Summary Judgment for Physician-Plaintiffs and Holds That North Carolina Display of Real-Time View Requirement Violates First Amendment
• Thompson v. Naval Academy Athletic Assoc.
  No. 12-2676 (D. Md. Dec. 19, 2014) United States District Court Finds That Expectation Damages For Breach of Services Contract Limited to Compensation to be Paid for Duration of Clearly Delineated Notice Period

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