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Maryland Jury Verdicts, Settlements and Court Decisions
 
Indemnity Insurance Company of North America, et al. v. United States of America

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of ... More...   $0 (06-25-2009 - MD)

Thomas A. Arthur, Jr., et al. v. Trico Title Insurance of Florida

Plaintiffs are homeowners in Maryland who purchased title insurance from Ticor Title Insurance Company of Florida when they refinanced their mortgages. They allege that Ticor charged them rates that were higher than the applicable rates Ticor had on file with the Maryland Insurance Commissioner. And plaintiffs claim that Ticor, by splitting these excessive charges with its local agents, violated S... More...   $0 (06-18-2009 - MD)

Pamela Blackwell, et al., v. Wyeth d/b/a Wyeth, Inc. et al.,

In this case, we address the boundaries of Frye-Reed1 with respect to a hypothesis proffered, on behalf of Pamela and Ernest Blackwell, Petitioner, by their expert, Dr. Mark Geier, involving whether the presence of the preservative “thimerosal”2 in childhood vaccines, causes neurological defects, such as autism,3 as well as his and four other individuals’ qualifications to be experts under M... More...   $0 (05-07-2009 - MD)

Wells Fargo Bank, N.A. v. Diamond Point Plaza Limited Partnership, et al.

The litigation giving rise to this appeal has its genesis in November 2002, when Diamond Point Plaza Limited Partnership, owner of a shopping center in Baltimore County, defaulted on a mortgage loan that was secured by the shopping center property. Appellant Wells Fargo Bank, N.A. (“Wells Fargo”), as trustee for the assignees of the mortgage, brought an action in the Circuit Court for Baltimor... More...   $0 (05-08-2009 - MD)

Petroleum Traders Corporation of Indiana v. Baltimore County, Baltimore County Public Schools, Community College of Baltimore County, as well as Anne Arundel, Carroll and Harford Counties

Petroleum Traders Corporation of Indiana sued Baltimore County, et al. on a breach of contract theory claiming that Defendant defaulted on its agreement to pubjchase gasoline and diesel fuel. Plaintiff claimed that the county broke its contract with the company in late 2005, after officials discovered the price of fuel it had locked in with the firm was higher than the market price.

Defend... More...
   $700000 (05-22-2009 - MD)

Michael Andrew v. Kevin P. Clark (In his personal capacity); Leonard Hamm, Baltimore Police Commissioner (In his personal capacity); Baltimore Police Department; Kenneth Blackwell, Deputy Police Commissioner

Michael Andrew appeals from the district court’s order granting the Defendants’ motion to dismiss this 42 U.S.C. § 1983 civil rights action for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Andrew named as defendants two former Baltimore Police Department ("BPD") police commissioners and a BPD deputy police commissioner. Andrew contends tha... More...
   $0 (04-02-2009 - MD)

John Doe, et al. v. Exxon Mobil Corporation

Owners of 90 Jacksonville, Maryland sued Exxon Mobil Corporation on negligence and other theories claiming that their properties and health were damages as a result of 26,000 gallons of gasoline leaking out of a storage tank at a local Exxon Mobil gas station near their homes. The Plaintiffs sought compensatory and punitive damages including the appraised value of their homes and medical monitori... More...   $150000000 (03-13-2009 - MD)

Contech Stormwater Solutions, Inc. v. Baysinger Technologies, Inc.a nd Accubid Excavation, Inc.

Plaintiff-Appellant Contech Stormwater Solutions, Inc. (“Contech”) sued Defendants-Cross Appellants Baysaver Technologies, Inc. and Accubid Excavation, Inc. (collectively, “Baysaver”) in the United States District Court for the District of Maryland for infringement of U.S. Patent No. 5,707,527 (the ‘527 patent).1

Contech appeals the district court’s grant of Baysaver’s motion... More...
   $0 (02-13-2009 - MD)

Andrea McCarren v. Prince George's County, et al.

Andrea McCarren used Prince George's County and others on civil rights violation and other theories claiming that she was injured by county police officers during an incident that occurred the morning of April 15, 2005, when McCarren and her cameraman, Pete Hakel, were following Cpl. Danon Ashton, the police liaison to the county's chief administrative officer, Jacqueline Brown. McCarren was inves... More...   $5000 (01-17-2009 - MD)

William J. Tsai v. Maryland Aviation

William Tsai brought a Title VII discrimination suit against his employer, the Maryland Aviation Administration (MAA). Mr. Tsai, a native of Burma, alleged that MAA refused to reclassify his administrative position into a higher pay grade for discriminatory and retaliatory reasons in violation of Title VII. MAA filed a motion captioned “motion to dismiss or in the alternative for summary judgmen... More...   $0 (12-31-2008 - MD)

Seyed Mehran Mirjafari v. Edwards S. Cohn, et al.

This appeal arises from a foreclosure sale of real property. On December 13, 2007, after four days of hearings, the Circuit Court for Harford County entered an order overruling the appellants’ exceptions and ratifying the auction sale of appellants’ property, which occurred on February 15, 2007. The appellants filed a motion to alter or amend judgment and a motion for new trial, which were den... More...   $0 (01-06-2009 - MD)

Nationwide Mutual Insurance Company, et al. v. Regency Furniture, Inc.

Largo Town Center, LLC. For clarity, we shall refer to those companies as DDRM. Regency Furniture, Inc. (“Regency”), an appellee and cross-appellant, is a furniture store that leased premises from a landlord now known as DDRM Largo Town Center, LLC (“DDRM”), an appellee and cross-appellant.1 During the relevant time, Nationwide Mutual Insurance Company (“Nationwide”), the appellant and... More...   $0 (01-09-2009 - MD)

Monica Allen, individually, etc., et al. v. Jay Dackman

On June 20, 2005, after the close of discovery, appellee filed a motion for summary judgment. A hearing was held on July 25, 2005, and on September 1, 2005, the trial court granted appellee’s motion for summary judgment. On November 21, 2007, a line of dismissal was filed as to Hard Assets.2 As a result, there was a final judgment with regard to all parties. This timely appeal followed. We are a... More...   $0 (01-09-2009 - MD)

Charles Marcantonio, Personal Representative of The Estate of Sherri Schaefer, et al. v. Melissa Moen, M.D., et al.,

In this case we must determine whether the Circuit Court for Anne Arundel County erred in striking the affidavits of two proposed expert witnesses pursuant to Maryland Rule 2-501(e). Because we conclude that it was error to strike the affidavits, we shall hold that the Circuit Court improperly granted summary judgment in favor of Respondents, Melissa Moen, M.D. et. al (“The Medical Providers”)... More...   $0 (12-22-2008 - MD)

Maryse L. Karsenty, et al. v. Kathleen Sexton Schoukroun

We are asked in this case to decide whether an inter vivos transfer, in which a deceased spouse reta ined control over the transferred property during his lifetime, constitutes a per se violation of the surviving spouse’s statutory, elective right to a percentage of the deceased spouse’s net estate under Maryland Code (1974, 2001 Repl. Vol., 2008 Cum. Supp.), Estates and Trusts Article, § 3-2... More...   $0 (11-12-2008 - MD)

Kathleen Gasper v. Ruffin Hotel Corporation of Maryland, Inc.

In her complaint, filed in the Circuit Court for Montgomery County, Kathleen Gasper, appellant, alleged employment discrimination, sexual harassment, retaliatory discharge, negligent hiring, and other related counts.1 Appellees, defendants below, are Ruffin Hotel Corporation of Maryland (“Ruffin”) and Imran Ahmed.2

In her timely appeal, Gasper raises three questions for our review, whic... More...
   $0 (12-02-2008 - MD)

Hyundai Motor America v. Angela R. Alley

Appellant, Hyundai Motor America, is appealing a decision by the Circuit Court for Cecil County awarding attorney’s fees to appellee, Angela Alley, under the fee shifting provisions of the Maryland Automotive Warranty Enforcement Act, the Maryland Consumer Protection Act, and the federal Magnuson-Moss Warranty Act. The fees were awarded after the parties negotiated a settlement of the case, and ... More...   $0 (12-02-2008 - MD)

Joseph M. Della Ratta, et al. v. Edward J. Dyas, Jr.

The litigation underlying this appeal arose out of the dispute between the two equal owners of two hotels and a condominium in Ocean City, Maryland. The appellee, Edward J. Dyas, Jr. (Dyas), was the plaintiff below. One of the appellants, Joseph M. Della Ratta (Della Ratta), was a defendant below. We shall refer to Della Ratta and Dyas collectively as "the Developers."

The earliest of their... More...
   $0 (12-03-2008 - MD)

Royal Investment Group, et al. v. Don C. Wang

This lawsuit arises from a dispute between Don C. Wang, appellee, and Sean Shahparast, the sole member of Royal Investment Group, LLC, (collectively, “Royal”), appellants, over their negotiations for Royal to purchase from Mr. Wang a house and real property located at 5281 Goldsboro Road in Montgomery County (“the Property”). Negotiations broke down, and the parties did not proceed to sett... More...   $0 (12-04-2008 - MD)

Sumesh Thomas v. Thomas P. Dore, et al.

Although the general rule is that if the purchaser of a property at a foreclosure sale fails to make timely payment of the purchase price he thereby becomes obligated to pay interest on the unpaid balance, there have evolved at least three recognized exemptions from the strict application of that general rule. The question before us on this appeal is whether a purchaser's possible entitlement to o... More...   $0 (12-04-2008 - MD)

David Allen v. Marriott Worldwide Corporation, et al.

On January 5, 2007, the appellant, David Allen, filed suit in the Circuit Court for Montgomery County against the appellees, Marriott Worldwide Corporation doing business as The Residence Inn ("Marriott"), and the Brickman Group Ltd. ("Brickman Group"). The suit charged the appellees with negligence and premises liability. It is a classic "slip and fall" scenario, in this case involving a slip and... More...   $0 (12-22-2008 - MD)

Pines Point Marina, A Condominium Council of Unit Owners, Inc. v. Jim Rehak, et al.

The issue presented to the Court by this case is whether a condominium council of unit owners, which under Md. Code, Real Property Article, § 11-109(d) (2003 & Supp. 2008) “may be either incorporated as a nonstock corporation or unincorporated,” has standing to file and maintain a lawsuit during the time its corporate charter was forfeit. The Circuit Court for Worcester County, entering summa... More...   $0 (12-22-2008 - MD)

Deborah Bell, et al. v. Anne Arundel County and Officer Timothy Pleasant

Deborah Bell, the mother of Donald Coates, Jr., sued Anne Arundel County and Officer Timothy Pleasant on a wrongful death civil rights violation theory under 42 U.S.C. 1983 claiming that Pleasant sued excessive force when he shot her son to death on May 24, 2005. Bell claimed that Pleasant violated Donald's constitutional rights by shooting him 5 times despite the fact that he was unarmed and nak... More...   $90000 (12-18-2008 - MD)

Charles R. Diffenderffer v. Vincent S. Serio

Charles R. Diffenderffer sued Vincent S. Serio on a breach of contract theory for failing to pay for Diffenderffer's bill for legal services. Diffenderffer defended Serio in a contract lawsuit with Pasadena-based Morrison Homes LLC from April 2006 until August 2006, when the parties settled. Serio paid Diffenderffer $21,000 but refused to pay the balance Diffenderffer's bill for services rendered.... More...   $44000 (12-10-2008 - MD)

William Joseph Mccoy III vs Weeks Marine, Inc, et al.

William J. McCoy III sued Weeks Marine Inc., et al. on a negligence theory claiming that as a direct result of the negligence of Defendant's employees a misplaced mooring rope loosed a steel stanchion from its base and catapulted it toward his face. McCoy, a deckhand, was adjusting a separate line from his tug to its load, a scow filled with mud dredged from the Tolchester Channel in the Northern... More...   $7100000 (11-25-2008 - md)

Case Handyman and Remodeling Services, LLC, et al.

Appellants, Case Handyman and Remodeling Services, LLC, and Case Design/Remodeling, Inc. (collectively, “Case Handyman”), appeal from an order of the Circuit Court for Baltimore County denying their motion to compel arbitration w ith appellees, Judith and Albert Sc huele (“the Schueles” ). On appeal, Case Handyman presents the following two issues for our review, which we have reworded and... More...   $0 (10-31-2008 - MD)

Hiyab, Inc., et al. v. Ocean Petroleum, LLC, et al.

On November 25, 2002, Sahara Investment, LLC (“Sahara”), a company that operates retail gasoline stations, and George Jaalouk, Elias N. Jaalouk, and Salwa Jaalouk (collectively “the Jaalouks”) execu ted three motor fuel supp ly contracts with Ocean Petroleum, LLC, a wholesale distributor of motor fuels and other petroleum products.

George and Elias Jaalouk are officers and directors... More...
   $0 (10-31-2008 - MD)

Charles Marcantonio, Personal Representative of The Estate of Sherri Schaefer, et al. v. Melissa Moen, M.D., et al.,

In this case we must determine whether the Circuit Court for Anne Arundel County erred in striking the affidavits of two proposed expert witnesses pursuant to Maryland Rule 2-501(e). Because we conclude that it was error to strike the affidavits, we shall hold that the Circuit Court improperly granted summary judgment in favor of Respondents, Melissa Moen, M.D. et. al (“The Medical Providers”)... More...   $0 (11-11-2008 - MD)

United States of America, ex rel. Thornton G. Sanders v. North American Buss Industries, Inc.

This appeal arises from a qui tam action under the False Claims Act brought by Thornton G. Sanders against his former employer, North American Bus Industries, Inc. ("NABI"). Sanders alleges that NABI defrauded the United States by underpaying duties on bus frames that NABI imported from Hungary and by falsely certifying that the buses that NABI manufactured using those frames were eligible for fed... More...   $0 (11-05-2008 - MD)

Robert L. Pearson v. Kirk McLean

Robert L. Pearson sued Kirk McLean on a false arrest theory claiming that the Prince George's County police detective violated his rights by arresting him without sufficient evidence in two armed robberies. Plaintiff was arrested in the two armed robberies in June 2004 and was not released until March 2005, after county prosecutors dropped both charges against him. Plaintiff claimed that Kirk McLe... More...   $70000 (10-05-2008 - MD)

Star Scientific, Inc. v. R.J. Reynolds Tobacco Company

Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from a final judgment in favor of Defendants-Appellees R.J. Reynolds Tobacco Company (N.C.) and R.J. Reynolds Tobacco Company (N.J.) (collectively, "RJR"). The district court entered memoranda and orders: (1) holding, after a bench trial, that Star's U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenf... More...   $0 (08-26-2008 - MD)

Jeffrey Gray v. Rudy Torres,

The family ot Jerrel Gray sued Rudy Torres on a civil rights violation theory under 42 U.S.C. 1983 claiming that Gray died a few hours after Torres used a Taser on him while he was in the custody of the Frederick County Maryland Sherrif. Plaintiff claimed that Gray was the victim of police brutality Nov. 18 when Torres shocked him. The lawsuit sought $100 million for wrongful death, $10 million f... More...   $0 (08-14-2008 - MD)

Willie Davis, Jr., et al. v. Mountaire Farms, Inc., et al.

Nathaniel "Binky" Briddell, Willie Davis Jr., Joseph Garrison, Larry E. Gibbs and Roy H. Walters chicken-catcher supervisors sued Mountaine Farms under a FELA violation theory claiming that they were not paid overtime pay for more than three years and were due damages because the company improperly classified them as exempt from federal wage laws.

Mountaine Farms claimed that the men -- t... More...
   $0 (08-10-2008 - MD)

Nourison Rug Corporation v. Abdi Parvizian and Parinco of Virginia, Inc.

Abdi Parvizian ("Parvizian") guaranteed a debt owed to Nourison Rug Corporation ("Nourison") by Parinco of Virginia, Inc. ("Parinco"). When Parinco defaulted, Nourison sued Parvizian to recover the balance due. After the deadline for amending the pleadings had passed, Parvizian attempted to amend his answer to add the defense of release. The United States District Court for the District of Marylan... More...   $0 (07-28-2008 - MD)

Chesapeake Marketing Communications, Inc. v. Stephen Mark Elmore, Marianne Martino and Gaga Marketing, LLC

Chesapeake Marketing Communications, Inc. sued Stephen Mark Elmore, Marianne Martino and Gaga Marketing, LLC on breach of contract, breach of fiduciary duty, and constructive fraud theories for leaving Chesapeake, forming their own company and soliciting the business of Charles Town Races & Slots.

Defendants claimed that their agreements with Chesapeake did not contain non-compete clauses... More...
   $300000 (07-29-2008 - MD)

Sherry Rollins v. City of Frederick

Sherry Rollins sued the City of Frederick, Maryland on a governmental tort claim negligence theory claiming that Frederick Police Officer Dale Renninger failed to exercise due care when riding a city bicycle and injured her when he hit her with it. Rollins claimed that Renninger was not paying attention, was reckless and traveling at an excessive speed when he struck her. She was getting ready to ... More...   $0 (05-02-2008 - MD)

DIRECTV v. John J. Rawlins

Appellant DIRECTV, Inc. ("DIRECTV"), a satellite television service provider, commenced this action in the Western District of North Carolina against appellee John Rawlins. DIRECTV alleged that Rawlins utilized illegal devices to access DIRECTV television programming beyond the level of his paid subscription in violation of, as relevant here, the Cable Communications Policy Act of 1984 (the ... More...   $0 (04-24-2008 - MD)

The Piney Run Preservation Association v. The County Commissioners of Carroll County, Maryland

Piney Run is a small stream with its headwaters near the border of Carroll and Baltimore counties in Maryland. For the second time, the Piney Run Preservation Association ("the Association") has filed a citizen suit under the Clean Water Act ("CWA" or "the Act") alleging that the County Commissioners of Carroll County ("the County") are violating the CWA by discharging treated wastewater (i.e... More...   $0 (04-24-2008 - MD)

Great-West Life & Annuity Insurance Company v. Information Systems & Network Corporation

This appeal presents yet another set of facts upon which we must determine whether the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq., preempts certain state law claims. More specifically, the sole issue we decide in this appeal is whether ERISA preempts a state law breach of contract claim and an alternatively pled state law unjust... More...   $0 (04-14-2008 - MD)

Afaf Nassar Khalifa, et al. v. Michael Shannon

The issue in this case is whether a cause of action for intentional interference with custody and visitation rights is sustainable by a father, Michael Shannon, against his former wife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa ("Appellants"), both of whom fled to Egypt with the couple's two minor children, who remain there. Appellants moved to dismiss the father's complaint... More...   $3017500 (04-11-2008 - MD)

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