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Law Updates

Semmes offers Law Updates for information-purposes only. Semmes assumes 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.

January 2012

Plaintiff’s Premature Death Does not Alter an Award of Future Medical Expenses [ Spangler v. McQuitty, No. 23 (Md. January 27, 2012) ]
Intracompany Complaint May Constitute Activity Protected by Antiretaliation Provision of Fair Labor Standards Act [ Kathy Minor v. Bostwick Labratories, Case No.: 10-1258 (U.S. Court of Appeals for the Fourth Circuit, January 27, 2012) ]
Washington Post Entitled to Obtain Completed Jury Questionnaires [ 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) ]
$56,430 In Attorney’s Fees Awarded For $11,500 Settlement Of FLSA Case [ Theophilus Spencer, et al. v. Central Services, LLC, et al., Civ. No. CCB-10-03469 (D. Md.) (January 13, 2012) ]
Counter-Claim For Indemnification And Contribution Denied For Being Conclusory [ Arguetta v. McGill Airflow, LLC, Civ. No. JKB-11-1102 (D.Md.) (Jan. 4, 2012) ]
Plan Administrator’s Policy Interpretation Upheld Despite ERISA Challenge [ Fortier v. Principal Life Insurance Company, Case No.: 10-1441 (U.S. Court of Appeals for the Fourth Circuit, January 11, 2012) ]
Filing a Retaliation Claim While Litigating a Discrimination Claim is not Impermissible Claim Splitting [ Jenkins v. Gaylord Entertainment Co., Case No. 8:11-cv-02869 (D. Md. January 3, 2012) ]

December 2011

Any Victim of Stalking, Sexual Assault, or Sexual Abuse May Apply For Civil Protection [ A.R. v. F.C., CPO579-11 (D.C. App.) (Dec. 22, 2012) ]
No Claim for Fraud or Misrepresentation Where Party Overlooks Express Term of Contract [ My National Tax & Insurance Services, Inc. v. H&R Block Tax Services, Inc., No. 8:10-cv-02411-AW (D. Md., January 11, 2012) ]
Federal Law Preempts Plaintiff’s Claim Against Generic Drug Manufacturer [ Grinage v. Mylan Pharmaceuticals, Inc., No. CCB-11-1436 (D. Md., December 30, 2011) ]
Rescue Vehicle Operator Immune from Negligence Where No Reasonable Jury Could Conclude He Was Grossly Negligent [ Markevicz v. Garcia, No. 8:08-cv-02877-AW (U.S. Dist. Ct. for D. Md., December 29, 2011) ]
Defendants Sufficiently Rebutted a Prima Facia Case of Discrimination [ Austin v. Bd. of Ed. Of Howard County, Case No.: ELH-10-1185 (D. Md. December 21, 2011) ]
Iraq Not Immune from Suit based on Commercial Activities Exception to the Foreign Sovereign Immunities Act [ Wye Oak Technology, Inc., v. Republic of Iraq, Case No.: 10-1874 (U.S. Court of Appeals for the Fourth Circuit, December 29, 2011) ]
Legal Holidays & Sundays Toll the Three Day Mailing Rule for Purposes of Determining a Filing Deadline [ Ragland v. Macy’s, Inc., (D.Md.) (Dec. 19, 2011) ]
Court Holds That Even If It Recognized Maritime Dram Shop Liability, Plaintiff’s Complaint Did Not Support Such A Claim [ Vollmar v. O.C. Seacrets, Inc., No. MJG-11-772 (D. Md., December 20, 2011) ]
Court of Special Appeals Disfavors Declaring Hostile use of Land [ Rupli v. South Mountain Heritage Society, Inc., No. 2555 (Md. Ct. Spec. App. December 22, 2011) ]
Metro Immune from Slip and Fall Suit [ WMATA v. Tinsley, No. 1089 (Maryland Court of Special Appeals, Nov. 30, 2011) ]
SunTrust Mortgage’s Failure to Use Model Form H-9 Found Not to be in Violation of Truth in Lending Act [ Watkins, v. SunTrust Mortgage Incorporated, Case No.: 10-1915 (U.S. Court of Appeals for the Fourth Circuit, December 14, 2011) ]
No Personal Jurisdiction Under the Foreseeability Test [ Windsor v. Spinner Indus. Co., Civil No.: JKB-10-114 (D. MD. 12/15/11) ]
Plaintiff Fails to Establish that Arbitration Agreement is Unenforceable as Unconscionable [ 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) ]
Conditions of Carriage are part of an Airline Ticket Contract [ Lavine v. American Airlines, Inc., (Md. App.) (Dec. 1, 2011) ]
The Client is not Punished for his Attorney’s "Excusable Neglect" [ U.S. v. $12,914.00, Case No.: ELH-11-01912 (D. Md. December 2, 2011) ]
Preparing Workers’ Compensation Insurance Documents Were Not “Professional Services” [ Maryland Accounting Servs., Inc. v. Continental Cas. Co., (D. Md.) (Nov. 21, 2011) ]
Fourth Circuit Declines to Exercise Jurisdiction over Board of Immigration Appeals Order [ Li v. Holder, Attorney General, Case No. 10-2333 (U.S. Court of Appeals for the Fourth Circuit, December 2, 2011) ]
Statute Only Immunizes Employee, Not County Board Employer [ Board of Ed. of Prince George’s County v. Marks-Sloan, No. 1447 (Maryland Court of Special Appeals, October 28, 2011) ]

November 2011

Plaintiff’s Claims Against Generic Drug Manufacturer Fail in Light of Supreme Court’s Decision in Pliva, Inc. v. Mensing [ Gross v. Pfizer, Inc., et al., Case No. 10-CV-00110-AW (United States District Court for the District of Maryland, November 22, 2011) ]
Sprinter's Claims Against Dietary Supplement Manufacturer Are Rejected [ DeRosier, Jr. v. USPLabs, LLC, (D. Md.) (Nov. 17, 2011) ]
There are no Equitable Exceptions to Jurisdictional Rules [ Hill Int’l, Inc. v. Suffolk Constr. Co., Inc., Civil No. ELH-11-2645 (D. Md. November 10, 2011) ]
D.C. Chief of Police Permitted to Demote Commanders Even Without Cause [ 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) ]
Plaintiff’s Expert Excluded and Summary Judgment in Favor of Defense Granted in Computer Injury Case [ Casey v. Geek Squad, No. PWG-10-2268 (U.S. District Court for D. Md., November 10, 2011) ]
No Private Cause Of Action Under tcpa For Failure To Mark Date & Time [ Zaller, LLC v. Pharmawest Pharmacy LTD, (D.Md.) (Nov. 8, 2011) ]
Courts Apply the law of the State Where the Injury Occurred [ Williams v. Gyrus ACMI, Inc., Case No. CCB-11-323 (D. Md. June 9, 2011) ]
Condo Associations Must Disclose "Potential" Health and Building Code Violations [ MRA Property Management, Inc., et al. v. Armstrong, et al., No. 93 (Court of Appeals of Maryland, October 25, 2011) ]
An Award of Costs has no Bearing on Time to Appeal [ Mattison v. Gelber, No. 1399 (Md. Ct. Spec. App. October 28, 2011) ]
Maryland Home Improvement Act Does Not Render Contract Between Licensed General Contractor and Unlicensed Subcontractor Unenforceable [ Stalker Brothers, Inc. v. Alcoa Concrete Masonry, Inc., No. 57 (Maryland Court of Appeals, October 24, 2011) ]
Public Interest May Outweigh Consent Request To File Motion Under Seal [ Feldman’s Med. Ctr. Pharm., Inc. v. Carefirst, Inc., SKG-10-254 (D. Md. 2011) ]

October 2011

Maryland's Health Claims Arbitration Requirements Apply When Injury Occurs Outside Maryland [ Lewis v. Waletzky, (Md.) (Oct. 27, 2011) ]
Employee Not Entitled To Sue For Being Denied A Promotion [ Perry v. Dept. of Health and Mental Hygiene, No. 00763 (Md. Ct. Spec. App. October 27, 2011) ]
Ground Rent Laws Found Partially Unconstitutional [ Muskin v. Dep’t of Assessments & Taxation, Case No. 140 (Md. Oct. 25, 2011) ]
Assumption Of The Risk Standard Restricted In Black Ice Case [ Poole v. Coakley & Williams Constr. Inc., (Md.) (Oct. 27, 2011) ]
Plaintiffs Are Given Another Bite of the Apple on Personal Jurisdiction Issue [ Windsor v. Spinner Industry Co., Ltd., No. JKB-10-114 (U.S. District Court for D. Md., October 19, 2011) ]
Bankruptcy Court’s Denial of Late Rule 12(b)(6) Motion to Dismiss Affirmed [ Stephen Todd Stevens v. Stephen Showalter, Civil No.: PJM 11-060 ]
Separated Wife Was "Actually Dependent" On Husband For Death Benefits [ Sifford v. Sifford, (Va.) (Oct. 11, 2011) ]
UCC Conversion Claim Displaced as Common-Law Negligence [ Advance Dental Care, Inc. v. SunTrust Bank, Case No. AW-10-01286 ]
Refresher On The Rules Governing Discovery Disputes [ Anderson v. Reliance Standard Life Ins. Co., (D. Md.) (Oct. 11, 2011) ]
Old Virginia "Slayer Statute" Prevents Slayer’s Descendants from Inheriting [ Bell v. Casper No. 101004, (Supreme Court of Virginia, September 16, 2011) ]
Liability for a bar Fight is not an Extension of Dram Shop Law [ Troxel v. Iguana Cantina, LLC, et al., No. 820 (Court of Special Appeals, October 3, 2011) ]
No Personal Jurisdiction Over Out-of-State Defendant Who Hosted Website and Accepted Dues from Maryland Residents [ 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) ]
Marine’s Negligent Action Barred by Political Question Doctrine [ Peter Taylor v. Kellogg Brown & Root Services, Incorporated, Case No. 10-1543 (4th Cir. 2011) ]
Court Awards Attorney Fees under Americans with Disabilities Act [ Shane Feldman, et al. v. Pro Football, Inc., et al., Civil Action No. 8:06-cv-2266AW, Sept. Term 2009 ]

September 2011

Contractually Agreed Upon Attorneys’ Fees Reduced to Actually Incurred Attorneys’ Fees [ SunTrust Bank v. Goldman, et al., No. 803 (Md. Ct. Spec. App. Sept. 30, 2011) ]
Court of Special Appeals Affirms That Laser Hair Removal Is The Practice Of Medicine [ Mesbahi v. Md. State Bd. Of Physicians, (Md. App. Sep. 30, 2011) ]
Contested Case Hearing Required To Revoke Section 8 Vouchers [ Walker v. Dep’t of Housing & Cmty. Dev., (Md. Sep. 23, 2011) ]
Settlement Agreements Require Mutual Assent to All Terms [ Erie Ins. Exch. V. Estate of Jeanne R. Reeside, et al., No. 2941, Sept. Term 2009 ]
Insurer Need Not Defend or Indemnify Global Warming Defendant [ AES Corp. v. Steadfast Insurance Co., No. 100764 (Supreme Court of Virginia, Sept. 16, 2011) ]
Ministerial Exception Does not Exempt Churches from Workplace Harassment Claims [ Prince of Peace Lutheran Church v. Linklater, No. 66 (Md. September 21, 2011) ]
Md. Code Ann., Ins. § 27-614 Does Not Apply To Binders [ Ins. Comm’r for the State of Md. v. State Farm Fire & Cas. Co., (Md. App. Sep. 6, 2011) ]
New Trial Required in Murder Case Where State Fails to Properly Authenticate Social Media Evidence [ Griffin v. State, No. 74 (Maryland Court of Appeals, April 28, 2011) ]
Notice of Appeal Without Proof of Service Stricken From Record [ Gaetano Lovero v. Joelma Da Silva, No. 1547 (Md. Ct. Spec. App. 2011) ]
Insurance Companies Should Define "First Named Insured" in its Policy [ Swartzbaugh v. Encompass Ins. Co. of Am., No. 946 (Md. Ct. Spec. App. September 7, 2011) ]
Egregiousness Is Not Required in a Fraudulent Misjoinder Analysis [ 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) ]
Union Retirees Not Entitled to Preliminary Injunction that Would Allow Healthcare Benefits to Continue During Litigation [ Dewurst, et al. v. Century Aluminum Company, Case No.: 10-1759 (U.S. Court of Appeals for the Fourth Circuit, August 22, 2011) ]

August 2011

Law Prohibiting Landfills Adjacent to Waterways is not an Unconstitutional "Special Law" [ Md. Dep’t of the Env’t v. Days Cove Reclamation Co., Inc., No. 1725 (Md. Ct. Spec. App. August 30, 2011) ]
Forum Selection Clauses For Airline Tickets Are Still Enforceable [ Fusha v. Delta Airlines, Inc., (D. Md. Aug. 30, 2011) ]
Board of Appeals’ Straw Vote is Not a Final Decision [ Renaissance Centro Columbia, LLC v. Joel Broida, No. 104 (Md. 2011) ]
Dying In Another County in Maryland May Change Your "Residency" For Purposes Of Creditors To Your Estate [ Boer v. University Specialty Hospital, (Md. Aug. 19, 2011)]
Administrative Law Judge Without Authority to Reduce Repayment Amount of D.C. Unemployment Benefits [ Department of Employment Services v. Cecelia Smallwood, Case No. No. 09-AA-719 (D.C. Court of Appeals, August 18, 2011) ]
Current Members have Standing to Bring Suit against Their Sorority [ 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) ]
Lack of Certificate of Merit Leads to Dismissal Without Prejudice [ Jeffery Breslin, et al. v. Ronald Powell, et al., No. 134, September Term 2010 (Md. App. 2011) ]
Subsequent Repairs Held Inadmissible to Prove that Defendant’s Initial Repairs were Negligent [ Consol. Waste Indus., Inc. v. Standard Equip. Co., No. 143 (Md. August 15, 2011) ]
Another Learned Intermediary Dismissal [ King v. Pfizer Pharmaceutical Co., (D. Md. July 22, 2011) ]
Maritime Insurance Statute of Limitations Could be Equitably Tolled [ Am. Steamship Owners Mut. Protection and Indem. Assoc., Inc. v. Dann Ocean Towing, Inc., Civil No. CCB-08-2195 (D. Md. August 8, 2011) ]
Wrongful Termination Claim Limited To Clear Violations of Public Policy [ Debra Parks v. Alpharma, Inc., et al., No. 115 (Md. July 19, 2011) ]
District Court Reduces Potential Award by $300,000 in Declaratory Judgment Action [ 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) ]
Borrowers Move Forward in Home Mortgage Suit Against Lendors [ Allen v. CitiMortgage, Inc., Civil Case No.: CCB-10-2740 (D. Md. August 4, 2011) ]

July 2011

D.C. Judgment Debtors: Be Sure to Promptly Pay Post-Judgment Interest [ Burke v. Groover, Christie, & Merritt, P.C., No. 507-CV-1407 & 07-CV-1420 (District of Columbia Court of Appeals, July 21, 2011) ]
"Fear that Speech Might Persuade Provides No Lawful Basis for Quieting It" [ Sorrell v. IMS Health Inc., No: 10-779, (Supreme Court of the United States, June 23, 2011) ]
Internet Bullying Not Protected by the First Amendment [ Kowalski v. Berkeley County Schools, No. 10-1098 (4th Cir. July 27, 2011) ]
A Failure to Pay Wages Halts U.S. Internship for Eleven Non-immigrant Aliens [ International Internships Programs v. Napolitano, Civil Case No: 10-1234 (RJL) (United States District Court for the District of Columbia, July 19, 2011) ]
District’s Emergency Unemployment Compensation Statute Properly Implemented [ Bishop v. District of Columbia Dept. of Employment Services, No. 10-AA-250 (District of Columbia Court of Appeals, July 14, 2011) ]
Stream-of-Commerce Theory of Personal Jurisdiction Requires Purposeful Availment [ J. McIntyre Machinery, Ltd. v. Nicastro, No. 09–1343 (U.S. Supreme Court, June 27, 2011) ]
Complaint Alleges Facts Sufficient to Find Company was Plaintiff’s Employer [ Hollensteiner v. Waterfield Group, No: 10-cv-00200-AW (United States District Court for the District of Maryland, June 27, 2011) ]
Even when spent on the property, one cotenant cannot burden another’s interest with a loan [ Anderson v. Joseph, No. 554 (Maryland Court of Special Appeals, July 11, 2011) ]
Landlords can be Liable for Tenant-on-Tenant Harassment under FHA [ Fahnbulleh v. GFZ Realty, LLC, No. 8:10-CV-02074-AW (D. Md., July 7, 2011) ]
Employees Need Not Prove Proximate Cause when Alleging FELA Violation [ CSX Transportation, Inc. v. McBride, No. 10–235 (U.S. Supreme Court, June 23, 2011) ]
District of Columbia affirms minority rule that incompetent individuals’ contracts are void [ 718 Associates v. Banks, Nos. 08-CV-1571 & 09-CV-744 (District of Columbia Court of Appeals, June 23, 2011) ]
In Car Accident Case, Court Properly Instructed Jury on Contributory Negligence [ Malik v. Tommy’s Auto Serv., Inc., No: 2204, (Maryland Court of Special Appeals, July 5, 2011) ]
‘Game Over’ for Violent Video Game Critics [ Brown v. Entertainment Merchants Association, No. 08–1448 (U.S. Supreme Court, June 27, 2011) ]
FDA Regulations Shield Generic Drug Manufacturers from Liability [ Pliva, Inc. v. Mensing, No: 09-993 (Supreme Court of the United States, June 23, 2011) ]

June 2011

Stream of Commerce Contacts Cannot Alone Establish General Jurisdiction [ Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (United States Supreme Court, June 27, 2011) ]
Standing Standard Clarified in Prince George’s County Land Use Decision [ Gosain v. Prince George’s County, No. 26 (Court of Appeals of Maryland, June 22, 2011) ]
The Clean Air Act Displaces Federal Public Nuisance Claims [ Am. Elec. Power Co. v. Conn., No: 10-174, (Supreme Court of the United States, June 20, 2011) ]
Police officer denied special disability benefits due to willful negligence [ Thomas v. State Retirement and Pension System of Maryland, No. 51 (Maryland Court of Appeals, June 17, 2011) ]
Supreme Court Limits Who Can Be Found Liable in Private Securities Fraud Claims [ Janus Capital Group, Inc. et al. v. First Derivative Traders, No. 09–525 (U.S. Supreme Court, June 13, 2011) ]
District Court Remands Claim to State Court, Finding No Federal Question Existed [ Daniels v. Potomac Elec. Power Co., No.: 09–1403, Civil Action No: 10-cv-01554, (United States District Court for the District of Columbia, June 10, 2011) ]
Jury Instruction Ruled Prejudicial Error in Lead Paint Case [ Barksdale v. Wilkowsky, No. 66 (Maryland Court of Appeals, May 23, 2011) ]
The Supreme Court Rules Plaintiffs Do Not Need to Prove Loss Causation to Obtain Class Certification in a Securities Action [ Erica P. John Fund, Inc. v. Halliburton Co., Case No.: 09–1403, (Supreme Court of the United States, June 6, 2011) ]
District of Columbia Adopts Heightened Civil Pleading Standard [ Mazza v. Housecraft LLC, Case No. 09-CV-1068 (District of Columbia Court of Appeals, April 28, 2011) ]
Use Variance Granted Years After Property Owners Remodel and Rent Without BZA Approval [ The Oakland Condominium v. District of Columbia Bd. of Zoning Adjustment, No. 10-AA-536 (District of Columbia Court of Appeals, June 2, 2011) ]
Maryland Court of Special Appeals Clarifies: Reply Briefs Must be Filed Within Twenty Days After the Filing of an Appellee’s Brief [ Heit v. Stansbury, No. 354 (Court of Special Appeals of Maryland, May 27, 2011) ]
Court Finds Attorneys’ Fees in Foreclosure Proceedings were Improper [ Maddox v. Cohn, Case No.: 2777 (Court of Special Appeals of Maryland, May 26, 2011) ]
Leaning Toward Strict Adherence to Statutory Notice Requirements for Property Liens [ Crusader as Custodian for Strategic Municipal Lien Investments, LLC v. Charles E. Heyward, et al., Appeal No. 09-CV-1414 (District of Columbia Court of Appeals, May 26, 2011) ]

May 2011

Aggrieved MBE Bidders Have the Right to Administrative Review [ Salisbury Univ. v. Joseph M. Zimmer, Inc., No. 462 (Court of Special Appeals of Maryland, May 27, 2011) ]
Claim for Breach of Contract Barred Under Res Judicata [ U.K. Constr. & Mgmt., LLC v. Gore, Case No.: 2824 (Court of Special Appeals of Maryland, May 26, 2011) ]
Unfulfilled Contract Contingencies Do Not (Always) Prevent Equitable Conversion [ Grant v. Kahn, No. 886 (Court of Special Appeals of Maryland, April 27, 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 [ U.S. Life Ins. Co. in the City of New York v. Wilson, No. 2544 (Court of Special Appeals of Maryland, Apr. 28, 2011) ]
Court Errs by Failing to Observe Due Process Rights of Pro Hac Vice Litigants [ Belue v. Leventhal, Nos. 10-1300, 10-1438 (U.S. Court of Appeals for the Fourth Circuit, May 13, 2011) ]
Unpaid Insurance Benefits Are Not An Equitable Relief [ McCravy v. Metropolitan Life Insurance Company, Nos. 10-1074, 10-1131 (4th Cir. 2011), ]
Employer Ordered that it Could Not Depose Claimant Within State [ Equal Employment Opportunity Comm. v. Endoscopic Microsurgery Assoc., P.A., No. JKB-10-2693 (D. Md. May 5, 2011) ]
In a Federal Default Judgment Case, Plaintiff Must Provide Documents to Support Damages Claimed [ The Hartford Fin. Serv. Group, Inc. v. Meil, Case No.: WDQ-10-2720 (D. Md. May 5, 2011) ]
Court of Appeals Makes Eviction Harder For Landlords [ McDaniel v. Baranowski, No. 64 (Court of Appeals of Maryland, May 4, 2011) ]
Arrangement Between Insurance Services Entity and Contractors Does Not Provide Homeowner with Claim for Unjust Enrichment [ Amy Stetson Smith v. Alacrity Services, LLC, Case No.: JKB-10-3064 (U.S. District Court for the District of Maryland, April 20, 2011) ]
False Claims Act Complaint Found Not To Be Clearly Frivolous [ Ubl v. IIF Data Solutions, No. 009-2280 (4th Cir. Apr. 19, 1011) ]
Court Awards Nearly $1,000,000 in Attorney’s Fees to Breaching Party [ Weichert Co. of Md., Inc. v. Faust, No. 43 (Court of Appeals of Maryland, Apr. 27, 2011) ]
Limited First Amendment Rights for College Professors [ McReady v. O’Malley, No. RWT 08cv2347 (D. Md. March 31, 2011) ]

April 2011

Employer Fails to Establish Dispute of Fact in Former Employee’s Claim Under Family and Medical Leave Act [ Elizabeth Neel v. Mid-Atlantic of Fairfield, LLC, Case No.: JKB-10-405, (U.S. District Court for the District of Maryland, April 20, 2011) ]
School Boards Cannot Take Shelter Under Sovereign Immunity for School Construction Contracts [ Beka Indus., Inc. v. Worcester County Bd. Of Educ., No. 47 (Md. April 26, 2011) ]
Alleged Concealment of Paternity is Insufficient to Support Claim of Intentional Infliction of Emotional Distress [ Carla A. Latty, et al. v. St. Joseph’s Society of the Sacred Heart, Inc., In the Court of Special Appeals of Maryland, No. 2487, September Term, 2009 ]
Parol Evidence Is Not Admissible to Contradict the Clear Terms of Loan Contract [ Ubom v. SunTrust, No. 2862 (Md. Ct. Spec. App., Apr. 4, 2011) ]
Lawyers Entitled to Absolute Privilege for Defamation Claim [ Norman v. Borison, No. 70 (Md. Apr. 22, 2011) ]
Zicam Case Survives Motion to Dismiss [ Matrixx Initiatives v. Siracusano, No. 09-1156 (U.S. Supreme Court, Mar. 22, 2011) ]
The Fourth Circuit Court of Appeals found diversity of citizenship did exist in light of Hertz analysis required by Supreme Court [ Central West Virginia Energy Company, Inc., et al. v. Mountain State Carbon, LLC, et al., Case No.: 10-1486 (U.S. Court of Appeals for the Fourth Circuit, April 13, 2011) ]
The Plaintiff’s Awarded Attorneys’ Fees Under the Clean Air Act Where Victory was Merely Procedural [ S. Alliance for Clean Energy v. Duke Energy Carolinas, LLC, No. 08-2370 (4th Cir. April 14, 2011) ]
Mandatory Non-Binding Arbitration Clause Does Not Toll Statute of Limitations [ Shailendra Kumar, M.D., P.A. v. Anand M. Dhanda, In the Court of Special Appeals of Maryland, No. 2934, September Term, 2009 ]
Child Conceived During Marriage But Born After Divorce Is “Born Out of Wedlock” for Paternity Testing Purposes [ Corbett v. Mulligan, No. 1033 (Court of Special Appeals of Maryland, Mar. 30, 2011) ]
Circumstantial Evidence of Landlord’s Knowledge of Dangerous Dogs is Enough [ Solesky, v. Tracey, No. 2207 (Md. App. Apr. 5, 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 [ 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) ]
Clear Policy Language Prevails When Deciding Coverage Cases [ Md. Auto. Ins. Fund v. John, No. 2028 (Md. Ct. Spec. App. April 1, 2011) ]

March 2011

Federal Court Not Bound by Maryland Health Care Malpractice Claims Act Procedures [ Willever v. USA, No. RWT 09cv3072 (U.S. District Court for the District of Maryland, Mar. 4, 2011) ]
Failure to Comply with Notice Provisions Renders Wrongful Death Settlement Invalid [ ACE American Insurance Company, et al. v. Williams, et al., No. 75 (Md. 2011) ]
Indictment of Pharma Exec Dismissed Where Prosecutors Give Erroneous Instruction to Grand Jury [ USA v. Stevens, No. RWT 10cr0694 (U.S. District Court for the District of Maryland, Mar. 23, 2011) ]
Application of the “Frequency, Regularity, Proximity Test” in Asbestos Matters [ Scapa Dryer Fabrics, Inc. v. Carl L. Saville, No. 39 (D.Md. Mar. 23, 2011) ]
Court of Special Appeals Limits Defaulting Purchaser’s Foreclosure Sale Liability [ Simard v. Burson, No. 1302 (Court of Special Appeals of Maryland, Feb. 25, 2011) ]
Multiple Failings by ALJ Deemed to be Grounds for Remand [ Belynda Bowman-Cook v. Washington Metropolitan Area Transit Authority, Case No. 09-AA-608 (D.C. Court of Appeals, March 10, 2011) ]
Redskins Punter Wins Workers Compensation Appeal [ Pro Football, Inc. v. Tupa, No. 1839, September Term, 2009 (Md. App. Feb. 28 2011) ]
Before Denying Coverage on Grounds of Late Notice, Insurer Must Prove Prejudice [ Sherwood Brands, Inc. v. Great Am. Ins. Co., 62 (Maryland Court of Appeals, Feb. 24, 2011) ]
Attorney Disbarment Warranted When Funds Commingled and No Legal Services Provided [ ttorney Grievance Commission of Maryland v. Attorney, Misc. Docket AG No. 14 (Md. 2011) ]
Trial Court Abuses Discretion By Excluding Medical Experts In Wrongful Death Case [ Wantz v. Afzal, No. 2300 (Court of Special Appeals, Mar. 1, 2011) ]
Action Under False Claims Act Could Not Be Pursued As Maryland Air National Guardsmen Are Considered to be Members of the Federal Armed Forces [ United States of America, ex rel., Robert S. Conover v. Todd M. Anthony, et al., Case No. CCB-09-356 (U.S. District Court for the District of Maryland, February 9, 2011) ]

February 2011

Appellate Court Clarifies Subpoena Power and Email Privilege [ NLRB v. Interbake Foods, LLC, No. 09-2245 (Fourth Circuit Court of Appeals, (Feb. 22, 2011) ]
Defendant Not Entitled to Dismissal for Lack of Personal Jurisdiction or Change of Venue Based on Forum Selection Clause or Forum Non Conveniens [ CSS Antenna, Inc. v. Amphenol-Tuchel Electronics, GMBH, Case No.: CCB-09-2008, (U.S. District Court for the District of Maryland, Feb. 8, 2011) ]
Plaintiffs Can Sue Madoff Investor for their Individual Losses [ Wasserman v. Kay, No. 2836 (Court of Special Appeals of Maryland, Feb. 9, 2011) ]
State Found to be Proper Party in Negligence Suit Against Montgomery County DHHS [ Menefee v. State of Maryland, No. 37, September Term 2010 (Md. Jan. 24, 2011) ]
There Is No Jurisdiction Over a Defendant Whose Only Connection Is an Undeveloped Parcel of Land [ Cappel v. Riaso, LLC, No. 2727 (Md. App., Feb. 7, 2011) ]
Court Extends Psychotherapist-Patient Privilege to Unlicensed Counselors [ Richardson v. Sexual Assault/Spouse Abuse Resource Center, Inc., No. MJG-09-3404 (U.S. District Court for the District of Maryland, Feb. 8, 2011) ]
Internal Jury Coercion is Insufficient to Question Juror About Jury Service [ Jennifer R. Scott v. Merck & Company, Inc., Civ. No. L-09-3271 (D. Md. 2011) ]
UMMS Is Not Bound by Maryland Public Information Act [ Napata v. Univ. of Maryland Med. Sys. Corp., No. 5 (Court of Appeals of Maryland, Jan. 24, 2011) ]
Federal Credit Union Not Entitled to Removal Based on Diversity of Citizenship [ Northern Virginia Foot & Ankle Associates, LLC, et al. v. Pentagon Federal Credit Union, Case No. RWT 10cv1640 (U.S. District Court for the District of Maryland, January 26, 2011) ]
Unlawful Practice Of Law Leads To Disbarment [ Attorney Grievance Commission of Maryland v. Sirina Sucklal, Misc. Docket AG No. 26 (Md. 2011) (September Term, 2009) ]
Maryland Federal District Court Requires Defendants To Be More Specific and Include More Facts when Answering Plaintiffs’ Complaints [ Bradshaw v. Hilco Receivables, LLC, No. CCB-10-918 (U.S. District Court for the District of Maryland, Aug. 12, 2010) ]

January 2011

Unsupported Expert Testimony Warrants Reversal [ CNH America LLC v. Fred N. Smith, No. 091991 (Va., Jan. 13, 2011) ]
Employees Get Paid Under FLSA when Employer Mistakenly Classifies them as Exempt [ Desmond v. PNGI Charles Town Gaming, No. 09-2189 (U.S. Court of Appeals for the Fourth Circuit, Jan. 14, 2011) ]
Court's Error in Captioning of Final Order Does Not Excuse Untimely Appeal [ Priscilla Farrow v. J. Crew Group, Inc., Case No. 08-CV-1564 (D.C. Court of Appeals, January 20, 2011) ]
The Onus of Petitioning for the Judicial Review of Subpoenas is on the Recipient, not the Sender [ Md. State Bd. of Physicians v. Eist, No. 110 (Md. January 21, 2011) ]
GEICO Employees Granted Conditional Collective Action Certification in FLSA Suit [ Calderon v. GEICO General Ins. Co., No. RWT 10cv1958 (D.Md. Jan. 12, 2011) ]
Organization Under Common Control of Collective Bargaining Agreement Signatory Must Pay for Withdrawal [ Asbestos Workers Local 24 Pension Fund v. NLG Insulation, Inc., No. CCB-10-918 (U.S. District Court for the District of Maryland, Dec. 29, 2010) ]
Claimant Must Market Residual Work Capacity to Get TPD [ CVS #1549/CVS of Virginia, Inc., et al. v. Plunkett, No. 1071-10-2 (Va. Ct. App. 2010) ]
What Happens When the Parties Do Not Understand Their Own Settlement Agreement? [ Clariant Corp. v. The Harford Mut. Ins. Co., No. 577 (Del. January 5, 2011) ]
Wrongful Death Suit Not Time-Barred After Period of Inactivity [ Conger v. Barrett, No. 091492 (Va. Nov. 4, 2010) ]
Architect Not Licensed in the District of Columbia Barred from Recovery on Contract to Perform Architectural Services in the District [ Elena Sturdza v. United Arab Emirates, et al., Case No. 02-SP-353 (D.C. Court of Appeals, Jan. 6, 2011) ]
Interested Parties Denied Right of Intervention [ Envtl. Integrity Project v. Mirant Ash Mgmt., LLC., No. 01779 (Md. Ct. Spec. App. December 29, 2010) ]
Sanctions Against Lead Paint Plaintiff for Sparse Expert Designation [ Logan v. LSP Marketing Corp., No. 2833 (Md. App. Dec 29, 2010) ]
FCA Does Not Shield Employee From Retaliation When Opposing Non-Fraudulent Conduct [ Jason Mann v. Heckler & Koch Defense, Incorporated and Heckler & Koch GMBH, No. 09-1847 (4th Cir. 2010) ]

December 2010

The Provisions of Md. Rule 2-512(b) Cannot be Waived [ Grimstead v. Brockington, No. 130 (Md. Dec 17, 2010) ]
Additional Claim of Sexual Harassment Not Included in EEOC Charging Document Cannot Be Pursued in Civil Action [ Renee L. Cuffee v. Verizon Communications, Inc., Case No. 10-01748-AW (U.S. District Court for the District of Maryland, Dec. 20, 2010) ]
MTCPA Claims Are Subject to Three-Year Statute of Limitations [ AGV Sports Group, Inc., et al. v. Protus IP Solutions, Inc., et al., In the Court of Appeals of Maryland, Misc. No. 2, September Term, 2010 ]
Leniency Given to Defendant for Missing Expert Deadlines [ Pennington Partners, LLC v. Midwest Steel Holding Co., No. WMN-09-2057 (D. Md. Dec. 9, 2010) ]
Contractual Choice of Law Language Has an Effect on Venue Rules [ Albemarle Corp. v. AstraZeneca UK, Ltd., No. 10-1000 (4th Cir. December 8, 2010) ]
Employees Not Entitled to Class Certification in Fair Labor Standards Act Claim [ Steven Syrja v. WESTAT, Inc., Case No. PJM 09-1956 (U.S. District Court for the District of Maryland, Dec. 15, 2010) ]
Localities Must Follow the Plain Meaning of Their Own Ordinances, Even if it Leads to Absurd Results [ Anselmo v. Mayor of Rockville, No. 1006 (Md. Ct. Spec. App. November 1, 2010) ]
Court Expands the Definition of, "Within the Practice of Medicine" for Physician Discipline [ Kim v. Md. State Bd. of Physicians, No. 1749 (Md. Ct. Spec. App. December 3, 2010) ]
Youth Program Director's Disclosures Not Entitled to Protections of the D.C. Whistleblower Protection Act [ Michael Williams v. District of Columbia, et al., Case No. CA-09-1192 (D.C. Court of Appeals, Dec. 9, 2010) ]
Arbitration Clause Incorporated by Reference Is Enforceable [ Developers Surety and Indemnity Company v. Resurrection Baptist Church, et al., Civil Action No. RWT 10cv1224, (D. Md. December 1, 2010) ]
Asbestos Plaintiffs Must Properly Identify Defendants' Specific Products Within the Plaintiffs' Specific Site [ Reiter v. Pneumo Abex, LLC, No. 72 (Md. November 19, 2010) ]
Bad Faith Declination Claims Must Follow the Ordinary Venue Rules [ Thompson v. State Farm Mut. Auto. Ins. Co., No. 977 (Md. Ct. Spec. App. December 2, 2010) ]
No Need to First File Claim with EEOC Under Certain Circumstances [ Marsha Plunkett v. John E. Potter, Civil Action No. RDB-10-1096 (D, Md. Nov. 18, 2010) ]
Statutory Notice Requirement Does Not Bar Claim if Plaintiff is Unaware of Injury [ John Barnhardt v. District of Columbia, et al., Case No. CA-09-7040, (D.C. Court of Appeals, Nov. 18, 2010) ]
Trial Courts Must Adequately Explain the Reasoning Behind Setting Security Bonds [ Guzzetta v. Serv. Corp. of Westover Hills, No. 34 (Del. November 9, 2010) ]
Court Holds True To Prescribed Time Period To Vacate An Arbitration Award [ Chase v. Nordstrom, Inc., Mo.CCB-10-2144 (D.Md. Nov. 17, 2010) ]
What is a related specialty for a certifying physician in Maryland? [ Jones v. Bagalkotakar, No. AW-10-0309 (D. Md. Nov. 15, 2010) ]
Parents Not Entitled to Department of Youth Rehabilitation Services' Records Under Freedom of Information Act [ Claire Riley & Richard Condit, v. Adrian Fenty, et al., Case No. CA-09-812, (D.C. Court of Appeals, Nov. 12, 2010) ]

November 2010

Dismissal for Failure to Exhaust Administrative Remedies [ Maurice Dosso v. United States Postal Service, Civil Action No. CCB-10-1703 (D. Md. November 24, 2010) ]
Waiver of Filing Fee under PLA [ Williams v. Circuit Court for Washington County, et al., No. 1394 (Md. App., Nov. 3, 2010) ]
Trial Court's Modification of Verdict Sheet During Deliberations in Medical Malpractice Trial Did Not Warrant Mistrial [ Quita B. Blackwell, et al. v. Krishna N. Dass, Case No. 09-CV-950, (D.C. Court of Appeals, Nov. 4, 2010) ]
Dismissal of a Wrongful Death Lawsuit Against a Doctor for Procedural Reasons [ Kearney v. Berger, No. 125 (Md. Oct. 28, 2010) ]
Judicial Determination of Joint Tortfeasor Status is Impermissible [ Shoaib Hashmi v. Troy Bennett, No. 15 (Md. November 3, 2010) ]
Improper to use the Lodestar Method to Calculate Fees in a Contractual Debt-Collection Case [ Monmouth Meadows Homeowners Assoc., Inc. v. Tiffany Hamilton, No. 44 (Md. Oct. 25, 2010) ]
Unemployment Compensation Benefits Cannot be Denied Without Explicit Finding of Gross Misconduct [ Joyce Benjamin v. Washington Hospital Center, Case No. 09-AA-47 (D.C. Court of Appeals, October 21, 2010) ]
Back Pay Awarded to Title VII Plaintiff [ Hylind v. Xerox Corporation, Case No. PJM 03-116 (D. Md. September 17, 2010) ]
Plaintiffs' Class Decertified Based on Lack of Commonality of Individual Claims [ Kuei-I Wu, et al. v. MAMSI Life & Health Insurance Company, et al., Case No. RDB-07-CV-1170, (U.S. District Court for the District of Maryland, October 18, 2010) ]
No Cause of Action Under the Fair Housing Act if Landlord Fails to Prevent Other Tenants From Smoking [ Allen v. Kendall Ridge Apts., No. JFM-10-2021 (D.Md. Oct. 19, 2010) ]

October 2010

Lunch Conversation Between Businessmen Not An Enforceable Oral Contract [ Patrick Strauss, et al. v. NewMarket Global Consulting Group, LLC,, Case No. 04-CA-2957 (D.C. Court of Appeals, October 14, 2010) ]
Plaintiff's pregnancy discrimination claim survived a Motion to Dismiss [ Na'imah Ferdinand-Davenport v. The Children's Guild, No. CCB-10-850 (D. Md. October 6, 2010) ]
Louisiana Court's Exercise Of Personal Jurisdiction Over A Maryland Resident Was Proper [ Lieberman, et al. v. Mayavision, Inc., No. 2754 (Md. App. Oct. 1, 2010) ]
Without Certificate of Qualified Expert, Dismissal Without Prejudice Required [ In Re: Ronald L. Powell, et al. v. R. Jeffrey Breslin, et. al., Case No. 181 (Md. App. October 4, 2010) ]
Cable Installation Technicians Deemed not to be Employees of Comcast Under FLSA [ Scott Jacobson, et al. v. Comcast Corporation, et al., Case No.: 1:09-cv-562 (U.S. District Court for the District of Maryland, September 28, 2010) ]
No Duty Owed by State To Children In School Lunch Programs Who Have Allergies [ Pace v. State, No. 496 (Md. App. Sept. 29, 2010) ]
Town Found Not Liable For Police Officer’s Hot Pursuit [ Sirko v. Town Council of Centreville, No. 1:09-cv-552 (D. Md. Sept. 2, 2010) ]
Statutory Cap on Non-economic Damages Passes Constitutional Muster, Again [ In Re: DRD Pool Service, Inc. v. Thomas Freed, et. al., Master Case No.: 104-2009 (Md., September 24, 2010) ]
Manufacturers are Spared From Subsidizing Residential Energy [ Severstal Sparrows Point, LLC v. Public Service Comm’n, No. 418 (Md. Ct. Spec. App., September 2010) ]
Claims of U.S. Soldiers and Veterans Permitted to Move Forward in Burn Pit Litigation [ KBR, Inc., Burn Pit Litigation, Master Case No.: RWT 09 md2083 (U.S. District Court for the District of Maryland, September 8, 2010) ]

September 2010

Owner Controlled Insurance Policy Does not Wrap-Around All Workers [ Alpha Constr. & Eng’r Corp. v. Ins. Co. of the State of Pa., No. 09-1394 (4th Cir. Sept. 22, 2010) ]
Officers Must Chase Suspects to be Immune From Tort Suits [ Schreyer v. Chaplain, No. 121 (Md. October 6, 2010) ]
Claimants Score an Administrative Law Victory [ Payne v. Salazar, No. 1:08-cv-00164 (D.C. Cir. September 7, 2010) ]
Prime Example of a Justified Termination [ Boardman v. UPSGSC, No. JFM-09-962 (D. Md. Aug. 31, 2010) ]
Officer's Probable Cause that Any Crime Occurred, Including all Misdemeanors, Is Not Sufficient to Defeat Plaintiff's Claim of False Arrest [ Enders v. District of Columbia, Case No. 07-CV-650 (D.C. Court of Appeals, September 16, 2010) ]
Power of Attorney Does Not Convey Right to Practice Law [ Daniel Hubert Ross v. Chandrima Chakrabarti, et al., Case No. 6 (Court of Special Appeals, Sept. 14, 2010) ]
Failure to Safeguard Privileged Information Leads to Waiver of Attorney-Client Privilege [ Walton v. Mid-Atlantic Spine Specialists, Case No. 091009 (Va. June 10, 2010) ]
Standard Waiver of Subrogation Contract Language is Vague as to Duration [ John L. Mattingly Constr. Co. v. Hartford Ins. Co., No. 144 (Md. July 27, 2010) ]
Copyrighted Logo Used in Baltimore Ravens' Highlight Films Considered Infringement [ Bouchat v. Baltimore Ravens, et al., Appeal No. 09-2381 (U.S. Court of Appeals for the Fourth Circuit, September 2, 2010) ]
A parent is not entitled to a QDRO for counsel fees and costs incurred in obtaining custody [ Roosevelt v. Corapcioglu, No. 156 (Md. Aug. 25, 2010) ]
No Right to Court Reporter for Hearing on Termination of "Section 8" Benefits [ Montgomery v. Housing Authority of Baltimore City, et al., Case No. WDQ-10-1931 (D. Md. July 23, 2010) ]
District of Columbia's Lis Pendens Statute Not to be Applied Retroactively [ Bank of America, N.A. v. Griffin, Appeal No. 09-CV-1387 (District of Columbia Court of Appeals, August 26, 2010) ]
A Lesson in Discovery [ Madison v. Harford County, MD, No. MJG-10-197 (D. Md. Aug. 19, 2010) ]
Punitive Sanctions Require Acts of Bad Faith [ D'Onofrio v. SFX Sports, No. 06-687 (D. DC August 24, 2010) ]

August 2010

Court Admits Statement of a Deceased Witness to a Police Officer [ Goode v. United States of America, No. AW-08-02965 (Aug. 9, 2010) ]
Isolated Comments and Rude Remarks Fail "Severe or Pervasive" Test [ Amy Ward v. Acme Paper & Supply Co., Inc., Case No. CCB-08-3257 (D. Md. August 12, 2010) ]
District of Columbia's Statutory Structure Regarding Charter Buses within the District Does Not Violate the Commerce Clause [ American Bus Association, Inc., et al. v. District of Columbia, Appeal No. 09-AA-182 (District of Columbia Court of Appeals, August 19, 2010) ]
District of Columbia Voters Lack Standing to Demand Board of Elections Review of an Office of Campaign Finance Decision [ David J. Mallof, et al. v. District of Columbia Board of Elections and Ethics, Appeal No. 09-AA-182 (District of Columbia Court of Appeals, August 5, 2010) ]
Former General Counsel to Rite Aid Loses Fraud Suit [ Brown v. NQGRG, No. CCB-09-1684 (D. Md. Aug. 2. 2010) ]
After-Purchase Consumer Opinion Considered In Trademark Infringement Claims [ Georgia-Pacific Consumer Products, LP v. Von Drehle Corporation, Case No. 09-1942 (4th Cir. Aug. 10, 2010) ]
CDL License of Driver Properly Suspended for Refusing Breathalyzer [ Hill v. Motor Vehicle Administration, No. 82 (Md. App. Jul. 26, 2010) ]
Neither Flat Percentage of Amount in Controversy nor Lodestar Method is Proper Method for Calculating Attorneys' Fees in Contractual Debt-Collection Actions in Maryland [ Monmouth Meadows Homeowners Association, Inc. v. Tiffany Hamilton; Montepelier Homeowners Association, Inc. v. Bode and Bonike Thomas-Ojo; and Constant Friendship Homeowners Association, Inc. v. Kevin Tillery, Appeal Nos. 43/44/45 (Maryland Court of Appeals, July 27, 2010) ]
RRA Benefits Are A "Collateral Source" That May Not Be Considered In Determining a FELA Award [ Michael D. Sloas v. CSX Transportation, Inc., No. 09-1249 (4th Cir., July 26, 2010) ]
Non-Diverse Insurance Company is Permitted to Intervene in Federal Action [ Pennsylvania Nat'l Mut. Ins. Co. v. Perlberg, et al., Case No. 09-1698(D. Md. July 19, 2010) ]
Court Says Daughter Can't Waive Her Rights in Father's Wrongful Death Action in Order to Maintain Diversity Jurisdiction [ Ward v. Walker, Civil Action No. RDB 09-3256 (Federal District Court for the District of Maryland, July 26, 2010) ]
North Carolina Minority Business Enterprise Program Deemed Unconstitutional, in Part [ H.B. Rowe Co. v. Tippett, No. 09-1050 (United States Court of Appeals for the Fourth Circuit, July 22, 2010) ]
Sending Cease-and-Desist Letters is Insufficient to Establish Personal Jurisdiction Under Maryland's Long-Arm Statute [ Music Makers Holdings, LLC v. Maria Sarro, Civil Action No. RWT 09cv1836 (Federal District Court for the District of Maryland, July 14, 2010) ]
Green Party Candidate Challenges the Constitutionality of "Sore Loser" Statute [ South Carolina Green Party v. South Carolina, Case No. 09-1915 (4th Cir. July 20, 2010) ]
No Mixed Drinks for Virginia Strip Clubs [ Imaginary Images, Inc. v. Evans, No. 09-1199 (United States Court of Appeals for the Fourth Circuit, July 15, 2010) ]

July 2010

District Court Holds that Free Assignment Contract Provision Controls Exxon Dispute [ Duncan Servs. v. ExxonMobil Oil Corp., Civil Action No. A W-09-2486 (Federal District Court for the District of Maryland, July 12, 2010) ]
Court Construes Interstate Land Sales Full Disclosure Act in Buyer's Favor [ Long v. Merrifield Town Center Ltd. P'ship, No. 08-2371 (United States Court of Appeals for the Fourth Circuit, July 13, 2010) ]
Insurance Companies Found Not Liable for Automobile Accident Where Driver Did Not Have Permission to Drive [ Agency Insurance Co. v. State Farm Mutual Automobile Ins. Co. , et al.,, Case No. 595, (Md. Ct. Spec. App. July 8, 2010) ]
Administrative Law Judge's denial of a Claim under the Black Lung Benefits Act found support in Substantial Evidence [ Massey v. Peabody Coal Co., et al., Case No. 09-1598, (4th Cir. July 6, 2010) ]
Court Affirms Arbitration Panel Award over Contractor's Objection [ MCI Constructors, LLC v. City of Greensboro, No. 09-1600 (United States Court of Appeals for the Fourth Circuit, July 1, 2010) ]
Fourth Circuit Finds Loophole to Assert Ancillary Jurisdiction over Proceedings [ Robb Evans & Assocs. v. Holibaugh, No. 09-1429 (United States Court of Appeals for the Fourth Circuit, June 29, 2010) ]
Court Says Insurer Must Defend Property Owner in Lead Paint Litigation [ Pennsylvania Nat'l Mut Cas. Ins. Co. v. City Homes, Inc., Civil Action No.: CCB-09-2610 (U.S. District Court for the District of Maryland, June 25, 2010) ]
Beer Company Found Not Responsible for Drinker's Hand Injury [ Mandeep Harzall, et al. v. Anheuser Busch, Inc., Case No. 08-1920, (D. Md. July 2, 2010) ]
Insurance Administrators Must Rely on More than a Scintilla of Evidence when Revoking Long-Term Disability Benefits [ Williams v. Metropolitan Life Insurance Company, No. 09-1025 / 09-1568 (United States Court of Appeals for the Fourth Circuit, June 30, 2010) ]

June 2010

One Dirty Joke Too Many Exposes Doctor to Title VII Liability [ EEOC v. Fairbrook Medical Clinic, P.A., ase No. 09-1610, (4th Cir. June 18, 2010) ]
Plaintiff Fails to Establish prima facie Discrimination Case After Alleging Retaliation [ Gregory Gibson v. Marjack Co., Inc., ivil Action No. AW-08-3424 (U.S. District Court for the District of Maryland, June 9, 2010) ]
Plaintiff's Expert Was Qualified to Testify about National Standard of Care for Late-Term Abortions [ Cárdenas v. Muangman, CA-8193-04 (District of Columbia Court of Appeals, June 17, 2010) ]
Jurisdiction Balancing Test Weighs in Favor of Defenda [ David J. Waldron v. Atradius Collections, Inc., Civil Action No.: 1:10-cv-551 (U.S. District Court for the District of Maryland, June 9, 2010) ]
Court Applies MOSHA's "Creating Employer" Exception for the First Time Ever [ Strub v. C & M Builders, LLC, No. 53 (Court of Special Appeals of Maryland, May 28, 2010) ]
Landlords Can't Sleep on Their Rights to Collect Rent [ Ely v. Sci. Applications Int'l Corp., Civil Action No. AW-08-3104 (U.S. District Court for the District of Maryland, June 2, 2010) ]
Jurisdictional Infirmity does not preclude an order of dissolution of LLC and Partnership [ Joseph M. Della Ratta , et al. v. Edward J. Dyas, Jr., No. 23 (Md. June 9, 2010), Jr., No. 23 (Md. June 9, 2010) ]
Trial Court Abuses Discretion by Failing to Consider Prejudice to Plaintiff and Dismissing Complaint that Failed to Comply with Service of Process Deadline [ Baba v. Goldstein, No. 09-CV-389 (District of Columbia Court of Appeals, Mar. 31, 2010) ]
Claimant's Lack of Substantial Compliance with Statutory Notice Requirement Kills His Discrimination Suit [ Hansen v. City of Laurel, No. 425 (Md. App. June 2, 2010) ]
Property Buyer takes Priority over a Bank Lien based on Principles of Equity [ Nooria Noor v. Centreville Bank, et al., No. 578 (Md. App. June 3, 2010), No. 578 (Md. App. June 3, 2010) ]
Court Permits Employer's Counterclaim Against Negligent Employee Under Jones Act [ Charles H. Dise v. Express Marine, Inc., Civil Action No. CCB-07-1893 (U.S. District Court for the District of Maryland, June 2, 2010) ]
Protection for Healthcare Practitioner Whistleblowers [ Lark v. Montgomery Hospice, Inc., No. 140 (Md. App. May 13, 2010) ]
Blind Computer Programmer's Discrimination Claim Survives Summary Judgment [ Figueroa v. Geithner, Secretary, U.S. Department of Treasury, Civil No. JFM-08-1805 (U.S. District Court for the District of Md., May 10, 2010) ]
Court's Discretion Limits Extent of Statutorily Awarded Attorney Fees [ Plasterers' Local Union No. 96 Pension Plan, et al. v. Perry, et al., Civil No. PJM 06-338 (U.S. District Court for the District of Maryland, Feb. 22, 2010) (Court Opinion Posted May 11, 2010) ]
LLC Members have No Right to Bring Derivative Action on Behalf of a Defunct Company [ John C. Price, et al. v. Upper Chesapeake Health Ventures, et al., No. 2261 (Md. App. May 27, 2010), No. 2261 (Md. App. May 27, 2010) ]

May 2010

Claim Against Police Officer Not Precluded By Unsatisfied Judgment Against County [ Prince George's County v. Brent,, No. 71 (Md. May 17, 2010) ]
District Court Abused Its Discretion by Reducing Plaintiff's Counsel's Compensation From $6 Million Based on Contingency Fee Agreement to $600,000 [ Abrams & Abrams Case, No. 09-1283 / 09-1285 (United States Fourth Circuit Court of Appeals, May 18, 2010) ]
First Mariner Arena’s Billboards Can Stay [ MBC Realty, LLC v. Mayor and City Council of Baltimore, No. 2601 (Md. App. May 5, 2010) ]
National Flood Insurance Act of 1968 Preempts Landowner's State Law Tort Claims Against Federal Government's Independent Contractor [ Columbia Venture, LLC v. Dewberry & Davis, LLC,, No. 08-1318 (United States Court of Appeals for the Fourth Circuit, May 12, 2010) ]
Contractor Does Not Pay Workers' Compensation To Sub-Contractor's Employee [ Schlosser Co., et al. v. Uninsured Employers' Fund, et al., No. 112 (Md. May 12, 2010) ]
Geographic Venue Selection Clause Construed Strictly by Judge Motz [ Cedar Rihani v. Team Express Distributing, LLC, Civil No. JFM-09-3357 (Federal District Court for the District of Maryland, Apr. 30, 2010) ]
Proper Removal Not Required When Amended Complaint Filed [ Moffitt v. Residential Funding Co., LLC, No. 10-1321 (4th Cir. May 3, 2010) ]
EEOC Cannot Obtain Remedies For Discriminatory Practices that Would be Time Barred if Brought by the Individual [ Equal Employment Opportunity Commission v. Freeman, Case No. 09-CV-002573 – (D. Md., April 26, 2010) ]
Premium Finance Company May Not Deduct For "Other" Contracts [ Prime Rate Premium Finance Corporation, Inc. v. Maryland Insurance Administration, No. 02800 (Md. App. March 31, 2009) ]
Court of Appeals to Decide Whether The Maryland Telephone Consumer Protection Act is a Specialty Law [ AGV Sports Group, Inc. v. Protus IP solutions, Inc., No. RDB-08-3388 (D. Md. Apr. 15, 2010) ]

April 2010

Maryland's Fair Employment Practices Act Does Not Apply to Actions Prior to October 1, 2007 [ Adams v. Morris, No. L-08-2404; 08-2405 (D. Md. Apr. 15, 2010) ]
Claims for Indemnification Preempted by Fair Housing Act and American with Disabilities Act [ Equal Rights Center, et al. and Archstone Multi-Family Series I Trust v. Niles Bolton Associates, et al, No. 09-1453 (4th Cir. Apr. 19, 2010) ]
Trial-Within-A-Trial Allowed When Underlying Proceeding Was Litigated [ Suder v. Whiteford, No. 15 (Md. April 9, 2010) ]
Virginia's Prohibition of Alcohol Advertisements in College Newspapers Does Not Violate First Amendment [ Educational Media Company at Virginia Tech, et al. v. Swecker, et al., No. 08-1789 (4th Cir. Apr. 9, 2010) ]
Expert's Financial Records Discoverable [ Joel Falik, et al. v. James Nornage, et al., No. 60 (Md. April 5, 2010) ]
One Year CDL License Suspension in Probation before Judgment for Driving Under the Influence [ Motor Vehicle Admin v. Jaigobin, No. 89 (Md Apr. 6, 2010) ]
Spoliation of Evidence Instruction not Required When Doctor's Report Could Not be Found [ Keyes v. Lerman, No. 2290 (Md. App. Mar. 30, 2010) ]
Unlicensed Subcontractor May Sue General Contractor For Payment [ Alcoa Concrete & Masonry, Inc. v. Stalker Bros., Inc., et al., o. 2816 (Md. App., March 31, 2010) ]
District Court Affirms Bankruptcy Court's Order [ James P. Quillen, Jr. v. Zvi Guttman, Civil No.: RDB 09-1986 (D. Md., April 5, 2010) ]
Medical Malpractice Claim Barred by Maryland’s Statute of Repose [ Angelia Anderson v. United States of America, Civil No.: CCB-08-3 (D. Md., March 30, 2010) ]
Subsequent Revival Of A Corporate Charter Cannot Save A Lawsuit [ Tri-County Unlimited, Inc. v. Kids First Swim School, Inc., No. 0004 (Md. App. Mar. 3, 2010) ]
No Posthumous Liens On Real Property [ Emma Elder v. Cherry Elder Smith, No. 34 (Md. Jan. 13, 2010) ]

March 2010

Waivers of Objections to Personal Jurisdiction in Forum-Selection Clauses Must Be Clear [ Micro Focus (US), Inc. v. Bell Canada, No. RWT 09cv1085 (D. Md. Feb. 23, 2010) ]
Member of LLC May Be Personally Liable For Lead-Paint Injuries [ Monica Allen, et al. v. Jay Dackman, No. 46 (Md., March 22, 2010) ]
Child Support Award Voided Due to Improper Service, Despite Admission of Owing Arrears [ Flanagan v. Department of Human Resources, Case No.: 09-1033 (February 5, 2010, 4th Cir.) ]
Owner of Encumbered Property Not Permitted to Keep Earnest Money Deposit [ JLB Realty, LLC v. Capital Development, LLC, Civil No.: L-09-632 (D. Md., March 3, 2010) ]
Personal Jurisdiction Exists Over Non-Resident Defendants Who Enroll Foreign Judgments in Maryland [ St. Paul Mercury Ins. Co. v. American Bank Holdings, Inc., No. RWT 09cv961 (D. Md. March 5, 2010) ]
Counsel Required to Investigate Applicability of Statute Prior to Alleging a Statutory Violation [ Cynthia Harkness v. C-Bass Diamond, LLC, Civil Action No.: CCB-08-231 (D. Md. March 16, 2010) ]
No "Dismissal With Prejudice" Provided By MD. RULE 2-507(b) [ Hariri, et al. v. Dahne, et al., No. 151 (Md., March 9, 2010) ]
Discrimination Claims following Chapter 11 Bankruptcy Claims Remain Open for Adjudication [ Fougere Holcombe v. US Airways, Inc.,, No.: 08-1506 (4th Cir. March 5, 2010) ]
Podiatrists Do Not Qualify As Experts For Purposes of Rendering Medical Opinions [ Joseph C.B. Hollingsworth v. Norfolk Southern Railway Company, No. 090041 (Va. Sup. Ct. February 25, 2010) ]
Ocean City Bartender Failed to State a Claim for Violation of 42 U.S.C. § 1983 [ Anismov v. Hospitality Partners, LLC, et al., Case No.: CCB-09-2536 (D. Md. February 24, 2010) ]
Despite a Scheduling Order Stating Otherwise, A Party May File A Motion For Summary Judgment At Any Time [ Benway v. Maryland Port Admin., No. 2260 (Md. App. Mar. 1, 2010) ]
Long Arm Jurisdiction Does Not Extend to Florida Defendant [ Richard Frieman v. Flipping for Phonics, Inc., Civil No. JFM-09-2903 (D. Md. March 4, 2010) ]
Workers' Compensation Appellees Must File Cross-Appeals to Protect Right to Challenge Commission's Orders [ Darby v. Marley Cooling Tower Co., No. 2242 (Md. App. March 1, 2010) ]

February 2010

What not to do when Asserting Forum Non Conveniens [ Millennium Inorganic Chemicals, Ltd. v. National Union Fire Ins. Comp. of Pittsburgh, PA, No. CCB-09-1893 (D. Md. Feb. 3, 2010) ]
"Pay-When-Paid" Provision Enforced [ Universal Concrete Products v. Turner Construction Company, No. 09-1569 (4th Cir. January 26, 2010) ]
No Contesting Foreclosure Sales On Appeal Without First Filing An Appeal Bond [ Mirjafari v. Cohn., No. 38 (Md. Feb. 16, 2010) ]
Restrictive Covenant In Employment Agreement Enforced [ Teksystems, Inc. v. Jonathan Bolton, No. RDB-08-3099 (D. Md., Feb. 4, 2010) ]
Baltimore City Police Officer Has No Immunity For Intentional Torts [ Arnold Houghton v. Cheryl Forrest, No. 12 (Md. February 19, 2010) ]
Court Not Permitted to Look Beyond the Four Corners of an Unambiguous Insurance Policy [ Marcus Hesse, et al. v. Harleysville Mutual Ins. Co., Case No.: 09-1033 (February 5, 2010, 4th Cir.) ]
No Right To Rescind Pursuant To TILA Until After Consummation Of A Consumer Credit Transaction [ Weintraub v. Quicken Loans, Inc., No. 08-2373 (4th Cir. February 5, 2010) ]
Estate of Man Involved in Fatal Motorcycle Accident Not Entitled to New Trial [ Frieda L. Sergent, et al. v. Anne Arundel County, Case No.: PWG-08-1286 (February 3, 2010) ]
Breach of Contract and Intentional Misrepresentation Complaint Dismissed In Home Loan Modification Case [ Horacio Campbell v. IndyMac Bank, FSB, et al., No. CCB-09-3182 (D. Md., Jan. 29, 2010) ]
Wicomico County Registered Voters Cannot Usurp The Legislative Power Of The County Council [ Wicomico County Fraternal Order of Police, Lodge 111, et al. v. Wicomico County, No. 2035 (Md. App., February 1, 2010) ]
Insurers Cannot Contractually Shorten The Statute of Limitations [ St. Paul Travelers v. Millstone, No. 31 (Md., Jan. 15, 2010) ]
Under MD. CODE ANN., CTS. & JUD. PROC. § 6-201(a) For Venue, Courts Must Look To Present Contacts With Jurisdiction [ Earlene Burnside, et. ux. v. Randall V. Wong, et al., No. 4, September Term 2009 (Md. January 7, 2010) ]

January 2010

Trial Court Abused its Discretion in Failing to Consider Relevant Factors Prior to Denying Motion to Vacate [ Jaime Carrasco v. Thomas D. Walsh, No. 09-CV-288 (D.C. January 28, 2010) ]
Funds Received as Part of a Settlement in a Personal Injury Case Are Exempt From Execution on Judgments Representing Child Support Arrearages [ Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC, No. 39 (Md. January 13, 2010) ]
Divorce Revokes Bequests to Ex-Spouse and Ex-Spouse's Family [ Lydia Friedman, et al. v. Jerome B. Hannan, No. 3 (Md. January 14, 2010) ]
Motion to Dismiss Based Upon Forum Non Conveniens Cannot Moot Plaintiff's Right to Amend Complaint [ Richard John Charles Galustian v. Lawrence T. Peter, No. 09-1069 (January 15, 2010) ]
All Medical Malpractice Claims Subject to Cap for Non-Economic Damages [ Norman A. Lockshin, M.D., P.A. v. Semsker, No. 78 (Md. January 12, 1010) ]
Guidance on the Type of Information that a Party can Require an Opposing Expert to Disclose [ Pfeifer v. Phoenix Ins., No. 01851 (Md. App., Jan. 4, 2010) ]
Baltimore City's FHA Claims Against Wells Fargo Bank Were Too Broad To Survive The Bank's Motion to Dismiss [ Mayor and City Council of Baltimore v. Wells Fargo Bank, et al., Civil No.: JFM 1:08 CV-00062 (D. Md. January 6, 2010)
Prior Delivered Deed of Trust Takes Priority Over Subsequent Judgment [ Chicago Title Insurance Co. v. Mary B., No.: 2219 (Md. January 4, 2010) ]

December 2009

Judicial Review Precluded For Consular Visa Decisions [ Alekxandr Malyutin v. Condoleezza Rice, et al., No. 09-93 (EGS) (D. DC Dec. 30, 2009)
Review Of Federal Securities Fraud Statute Of Limitations [ Ferenc K. Csabai v. Martek Biosciences Corp., et al., No. CCB-09-2280 (D. Md., Dec. 23, 2009) ]
Renewal Option In Lease, Could Not Be Unilaterally Exercised By Tenant [ Donna Sanders v. Berhanu Molla, No.: 08-CV-522 (D.C. December 24, 2009)
Federal Employees Must Bring Employment Lawsuits Under The CRSA [ Kyaw Zaw Nyunt v. Chairman, Broadcasting Board of Goverenors, No. 08-5127 (D. D.C. December 18, 2009)
Maryland's Mandatory Retirement Scheme for Judges does not Violate Equal Protection [ The Honorable Charles G. Bernstein v. The State of Maryland., No. L-09-2915 (D. Md., Dec. 15, 2009)
Section 1447(e) Grants the District Court Discretion for Joinder of Non-Diverse Parties [ Achumba v. American Honda Motor Company, 2009 WL 4730506 (D. Md. December 1, 2009) (Slip Op.)
A UM Carrier's Denial of a Defendant Driver's Liability was not Consent to Settle [ Kritsings v. State Farm Mutual Auto. Ins. Comp., No. 2315 (Md. App.) (December 1, 2009)
The Default Sanction for Intentional Dishonest Conduct is Disbarment [ Attorney Grievance Commission of Maryland v. Adekunle B. Olujobi, No. at 28 (Md. December 4, 2009) ]

November 2009

Prison Wins On Discrimination Claims By Correctional Officer [ Veronica Taylor v. Patuxent Institution, No. CCB-09-1111 (D. Md., Nov. 30, 2009)
Dismissal of Former Baltimore Police Commissioner's Claims of Constitutional Violations Upheld By the Fourth Circuit [ Francis, et al. v. Giacomelli, et al., Case No.: 08-1908 (4th Cir., December 2, 2009) ]
Complaint Dismissed After Ten Month Delay In Service [ Sharp v. American Honda Motor Co., Case No. JFM-09-2622 (D. Md. Nov. 19, 2009) ]
Residents' Claims Against the County Are Barred as Duplicative [ Rousseau, et al. v. Howard County, Maryland, et al., Civil No.: JFM-09-1079 (D. Md. November 19, 2009) ]
Court of Appeals defines the phrase "professional activities" as is it used in the 20% rule [ Univ. of Md. Med. System Corp. v. Waldt, No. 130 (Md. November 10, 2009) ]
Immediate Disbarment Necessary When Attorney Performed No Services [ Attorney Grievance Commission of Maryland v. Mina Bahgat, Misc. Docket AG No. 20 (Md. Nov. 18, 2009) ]
Sanitary Commission's Personnel Decisions Not Immune From EEOC Subpoena [ EEOC v. Washington Suburban Sanitary Commission, Case No.: AW-09-00825 (D.Md., October 26, 2009) ]
Electronic Problems Interfering With E-Filing Is Not Excusable Neglect [ Conchita McDowell-Bonner v. D.C., No. 08-2210 (D.C. Nov. 10, 2009) ]
Lawsuit in Federal Court Separate and Distinct From Orphans' Court Action [ Cynthia Libonati, et al. v. Dora D. Williams Ransom, et al., Case No.: 09-cv-1901 (D. Md. October 22, 2009) ]
Volunteer Firefighter Stated a Claim for Hostile Work Environment Based on Racial Harassment [ Pernell Hammond v. Taneytown Volunteer Fire Company, Civil Action No. CCB-09-0746 (D. Md. October 13, 2009) ]

October 2009

Employers Must Demonstrate Specific Evidence of Prejudice in Timely Notice of Workers' Compensation Claims [ Elste v. Sparrows Point, LLC, No. 1625 (Md. App. October , 2009) ]
Party Seeking Reduction of Verdict Bears the Burden of Establishing Joint Tortfeasor Status of Settling Parties [ Shoaib Hashmi v. Troy Bennett, et al., No. 258 (Md. Ct. Spec. App. October 28, 2009) ]
No Leave to Amend Class Action Complaint When Adding New Claim [ Sharkey IRO/IRA v. Franklin Resources, et al., No. 04-MD-15862, 04-MD-1310 (D. Md. October 22, 2009) ]
Merger of a Contract into a Judgment Precludes Collection of Contract Based Attorney's Fees [ Monarc Constr., Inc. v. Aris Corp., No. 1584 (Md. App. October 5, 2009) ]
Former Longshoreman Successfully Appeals to Fourth Circuit [ Green-Brown v. Sealand Services, No. 08-1236 (October 2009) ]
Student With ADHD Not Protected By ADA When Learning Does Not Substantially Impair [ Herzog v. Loyola College, No. RDB-07-02416 (D. Md. October 9, 2009) (October 2009) ]
Decision to Terminate Benefits Upheld because of Principled Decision-Making Process [ Charles McDonald v. Metropolitan Life Insurance Company, Civil No. JFM-08-02063 (D. Md. October 20, 2009) ]
Pro Se Attorney Litigants May Not Recover Attorney's Fees in Maryland [ Frison v. Mathis, No. 2967 (Md. App. October 1, 2009) ]
Attorney's License Was Not Revoked For Retaining Documents In Violation Of A Confidentiality Agreement [ Attorney Grievance Comm. of Md v. Rand, No. 27 (Md. October 8, 2009) ]
Spoliation of Evidence in Fire Cases: Insurers Better Be Careful [ Erie Insurance Exchange v. Davenport Insulation, nc., No. L-08-33 (D. Md. September 30, 2009) ]
Motion for Attorneys' Fees Must be Filed Within 14 Days From Summary Judgment [ First Penn-Pacific Life Ins., Co. v. Evans, et al., Civil No. WDQ-05-0444 (D. Md. October 5, 2009) ]
No "Judicial Discovery" Required When Considering Judge Recusal [ Abrishamian v. Barbely, No. 1370 (Md. October 5, 2009) (October 2009) ]
Proposed Changes to the Local Rules of the U.S. District Court for the District of Maryland
Conventional Distinctions Between Injury and Illness Prevail [ Charles McDevitt v. Reliance Standard Life Insurance Co., Civil No. JFM-08-3431 (D. Md. October 13, 2009) ]
Legal Forecast: "Zone of Danger" For NEID Claims May Get Second Look [ Hedgepeth v. Whitman Walker Clinic, No. CA-6244-05 (D.C. October 1, 2009) ]

September 2009

Four Year Statute of Limitations for Violations of Telephone Consumer Protection Act [ Worsham v. Fairfield Resorts, Inc., No. 1058 (Md. Ct. Spec. App. – September 2009) ]
When Homes Are "Under Water," Second Mortgages May Be Modified [ First Mariner Bank v. Johnson, No. RWT 09-0053 (D. Md. September 2, 2009) ]
Workers' Compensation Denied Although Employer Offers No Expert [ Golding-Alleyne v. District of Columbia Department of Employment Services, No. 07-AA-1281 (DC, September 24, 2009) ]
Manville Trust Continues to Enjoin Direct Actions Against Debtor's Insurers [ Travelers Indemnity Co. v. Bailey, Nos. 08-295 and 08-307 (U.S. June 18, 2009) ]
FEMA's Failure to Inform Public Constituted an Abuse of Discretion [ Moffett v. Computer Science Corporation, No. PJM 05-1547 (D. Md. August 2009) ]
Without Notice Of A Utility Pole's Unreasonable Position, State And Local Governments Owe No Duty To Motorists [ Bd. Of County Comm'rs of Cecil County v. Dorman, No. 757 (Md. App. August 28, 2009) ]
Maryland Personal Jurisdiction Over Foreign Personal Representatives [ M'Hamed Kortobi v. Brian L. Kass, Personal Representative of the Estate of Carver James Leach, Jr., et al., No. 0140 (Md. August 24, 2009) ]
Contractors In Disputes Over Contracts Containing "Waiver Of Subrogation" Clauses Want "Completed Project Insurance" Clauses In The Contracts While Owners And/Or Developers Do Not [ Hartford Underwriters Ins. Co. v. Phoebus, No. 758 (Md. App. August 31, 2009) ]
Reinstatement to the Maryland Bar Requires Disclosure of all Relevant Material Facts [ Attorney Grievance Commission of Maryland v. Lester A.D. Adams, (Md. App. September 2009) ]
Deceased Workers' Rights To Permanent Partial Disability Benefits Survive To Spouses [ Larry Holmes v. Wal Mart Stores, Inc., No. 0036 (Md. App. September 2, 2009) ]
Administrative Remedies Must be Exhausted Prior to Seeking Declaratory Judgment [ Acorn Land, LLC v. Baltimore County, MD, No. 09-422 (D. Md. August 2009) ]

August 2009

Retirement Plan Participant ERISA Claims Against Law Firm And Actuarial Firm Dismissed [ Clark v. Feder Semo & Bard, P.C., 2009 WL 2053605 (D.D.C., July 16, 2009) ]
ERISA Plaintiff Wins Attorneys' Fees For Litigation; Denied Fees Tied To Administrative Proceedings [ Finks v. Life Ins. Co. of N. Am., 2009 WL 2230899 (D.D.C., July 24, 2009) ]
ERISA Claim For Breach Of Fiduciary Duty Accrued Once Participant Had Actual Knowledge Of Alleged Violation [ Hunter v. Custom Business Graphics, 2009 WL 2138675 (E.D. Va., July 1, 2009) ]
Workers Compensation Commission's Determination that Employee had not Committed Fraud Is Appealable [ Montgomery County, Maryland v. Valerie J. Willis, No. 3081 (September 2009) ]
Jury Instruction on Assumption of Risk is not Required in Federal Employer's Liability Act Case [ Collins v. National Railroad Passenger Corp., No. 2154 (Md. Ct. Spec. App. August 2009) ]
Foreclosure Rescue Scam Claim Met Requirements for Pleading Fraud in Federal Court [ Proctor v. Metropolitan Money Store Corp., No. 07-1957 (D. Md. August 2009) ]
An Insurer Has An Equitable Right To Pursue A Claim For Fees, Costs, And Expenses On Its Insured's Behalf [ Worsham v. Greenfield, No. 1810 (Md. App. August 27, 2009) ]
Strict Adherence To Scheduling Orders Is A Must In Maryland Courts [ Livingstone v. Greater Washington Anesthesiology and Pain Consultants P.C., No. 2079 (Md. App. August 27, 2009) ]
Public Employees May Not be Held Liable in Their Individual Capacities for Violations of the Family Medical Leave Act [ Sadowski v. United States Postal Service, No. 08-2940 (D. Md. August 2009) ]
Non-Party Witness Did Not Have a First Amendment Right to Remain Anonymous [ Lefkoe v. Jos. A. Bank Clothiers, Inc., No 08-2059 (4th Cir. August 2009) ]
State Must be Named as a Party to a Tort Action Within the Three Year Filing Deadline Specified by the Maryland Tort Claims Act [ Ferguson v. Loder, et al., No. 873 (Md. Ct. Spec. App. July 2009) ]
Good Faith Statute Requires Insurers to Make Informed Judgments as to Insurance Coverage Prior to Denying Claims [ Cecilia Schwaber Trust Two v. Hartford Accident & Indem., Co., No. JFM-06-0956 (D. Md. July 2009) ]
What Not To Do When Filing Claims Under Title VII And The ADEA [ Harris v. Potter, CCB-08-3280 (D. Md. August 28, 2009) ]

July 2009

Convenience to a Defendant Does Not Outweigh Justice [ AES Sparrows Point LNG, LLC v. Critical Area Commission, No. 2428 (Md. Ct. Spec. App. July 29, 2009) ]
Intentional and Negligent Misrepresentation Claims Will Not Survive Summary Judgment Absent Proof Of An Employer's Contractual Intent [ Sheila Eichelberger v. Sinclair Broadcasting Group, Inc., No. L-08-77, 2009 WL 2229309 (D. Md. July 21, 2009) ]
Diagnosing Misconceptions in Medical Malpractice Claims [ McQuitty v. Spangler, No. 137 (Md. July 24, 2009) ]
The American Disability Amendments Act of 2008 Does Not Apply To Claims Prior To January 1, 2009. [ Lytes v. D.C. Water and Sewer Authority, No. 08-7002, 2009 WL 2152427 (D.C. Cir. July 21, 2009) ]
Attack On Maryland's Noneconomic Damages Cap Fails In High Court [ Green v. N.B.S., Inc., No. 95 (Md. July 2009) ]
Building on Construction Litigation Procedure [ Montgomery County v. Longo, No. 1075 (Md. Ct. Spec. App. July 7, 2009) ]
Unlicensed Maryland Contractors Risk Working For Free [ Baltimore St. Builders v. Stewart, No. 0828 (Md. App. July 2009) ]
Statutes That Give the Government a Choice Protect it From Suit Under The SIAA and FTCA [ Indemnity Insurance Company of North America, et al. v. United States, 569 F.3d 175, (4th Cir., June 25, 2009) ]
ADA Protection Will Not Be Extended To Drug Addicts Unless They Are Significantly Impaired in Major Life Activity [ A Helping Hand, LLC v. Baltimore County, MD, 525 F.3d 356 (4th Cir., Feb. 12, 2008) ]
Reviving Claims on "Life Support" is Constitutional [ Rice v. Univ. of Maryland Med. Sys. Corp., No. 2870 (Md. Ct. Spec. App. July 6, 2009) ]
Reasonable Inference Required to Establish Pre-Death Pain and Suffering [ Freed v. D.R.D. Pool Serv., Inc., No. 2258 (Md. Ct. Spec. App. July 6, 2009) ]
Supreme Court Preserves Availability Of Punitive Damages In Federal Maritime Claims [ Atlantic Sounding Co. v. Townsend, No. 08-214 (S. Ct. June 2009) ]
Legitimate Claims May Be Dismissed If Statutory Remedies Are Not First Exhausted [ Arthur v. Ticor Title Ins. Co., No. 08-1727 (4th Cir. June 2009) ]
Employers Beware: Reverse Discrimination Is Still Discrimination [ Ricci v. DeStefano]

June 2009

Accident Evidence Insufficient to Show Product Defect/Negligent Maintenance [ Valerio v. Penske Truck Leasing Co., L.P., Inc. ]
Worker's Compensation and Uninsured Motorist Carriers Collide [ Blackburn v. Erie Ins. Group ]
Business Owners Must Take Reasonable Precautions to Protect the Safety of Their Patrons [ Novak v. Capital Mgm't and Dev., Corp., No. 08-7138 (D.C. June 2009) ]
Insurance Industry Gets Assurance From Court [ Maryland Auto. Ins. Fund v. Baxter, No. 0530 (Md. Ct. Spec. App. June 9, 2009) ]
Recent Supreme Court Decision Makes it More Difficult to Sue Employers for Age Discrimination [ Gross v. FBL Financial Servs., Inc., No. 08-441 (S. Ct. Oct. 2008) ]
Relying on an accident to prove the existence of a defect does not satisfy the "indeterminate defect theory" in a products liability claim (June, 2009) [ Redford v. SC Johnson & Son, Inc., 437 Supp. 391 (D. Md. 2006) ]
Details Matter: How Sloppy Drafting May Preclude Enforcement of Your Arbitration Clause [ All State Home Mortgage, Inc. v. Daniel, No. 579 (Md. App. June 9 2008) ]
Motion to Dismiss is Premature for Superseding Cause Questions Pittway Corp. v. Collins, No. 128, (Md. September, 2007) [ Corp. v. Collins, No. 128, (Md. September, 2007) ]
Case Summary: Blackwell v. Wyeth, No. 112, slip op. (Court of Appeals, May 7, 2009) [ Blackwell v. Wyeth, No. 112, slip op. (Court of Appeals, May 7, 2009) ]
Affidavits will not be Struck Unless They are Irreconcilable with Previous Testimony [ Marcantonio v. Moen, 406 Md. 395 ]

May 2009

Jury Runs Roughshod over FDA Regulations [ Wyeth v. Levine ]
Overseas Products Liability Claims and Insurance Disputes: How Simple Exclusion Language Can Save Millions [ Ace American Inc. Co. v. RC2 Corp., 568 F. Supp. 2d 946 (N.D. Ill. 2008) ]
Indemnification Agreements in Virginia: Indemnifying a Party for its own Future Negligence is Enforceable
Property Owners' Liability Expands As Tenant Sues Based On Second Hand Smoke Exposure In Common Areas
Supreme Court hears oral arguments challenging decades-old asbestos "channeling injunction" [ Travelers Indemnity Company v. Bailey, (08-295, 08-307) ]
Protecting Medicare's Interests: Resolving claims with Medicare
ADA Amendments Increase Employers' Duties and Liabilities

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