BALTIMORE, MD HAGERSTOWN, MD SALISBURY, MD VIENNA, VA MARTINSBURG, WV WASHINGTON, DC

Home About Semmes Firm Overview History Legal Disclaimer Site Index Practice Areas Attorneys/Professionals Offices Baltimore, MD Office Hagerstown, MD Office Salisbury, MD Office Martinsburg, WV Office Vienna, VA Office Washington, DC Office News & Events Publications Articles Law Updates Contact Us Employment Opportunities Summer Associates Program   Infinite Menus, Copyright 2006, OpenCube Inc. All Rights Reserved.

Search Site:

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.

 

March 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