| Maryland Jury Verdicts, Settlements and Court Decisions |
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Lydia Friedman, et al. v. Jerome B. Hannan
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In this case we interpret Section 4-105(4) of Md. Code (1974, 2001 R epl. Vo l.) Estates & Trusts Article (“ET”), which directs that provisions in a will “relating to the spouse” be revoked upon divorce from that person. We hold that the automatic revocation provision of ET Section 4-105(4) is not limited to bequ ests to a former spouse, and may include bequests to a former spouse’s fami... More... $0 (01-29-2010 - MD)
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Charles M. Cave v. Calvin Elliott, Jr.
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This appeal arises from the termination of appellee, Calvin Elliott, Jr., from his position as a Deputy Sheriff with the Howard County Sheriff’s Office (“Sheriff’s Office”) on October 28, 2005. On December 14, 2005, Elliott filed a complaint for a show cause order in the Circuit Court for Howard County pursuant to the Law Enforcement Officers’ Bill of Rights (“LEOBR”), Maryland Code ... More... $0 (01-27-2010 - MD)
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Michael A. Freedman v. Comcast Corporation, et al.
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Appellant, Michael A. Freedman, claimed that appellee, the group of corporate entities known and commonly referred to as “Comcast,” violated the 1997 Maryland Wiretapping and Electronic Surveillance Act, Md. Code (1974, 2006 Repl. Vol.), § 10- 402 et seq. of the Courts and Judicial Proceedings Article (“CJ”). Appellant filed suit in the Circuit Court for Baltimore City and the parties fil... More... $0 (01-29-2010 - MD)
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Lakisha Dinkins v. City of Baltimore
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Lakisha Dinkins sued City of Baltimore on six Baltimore police officers on false arrest theories claiming that the defendants did not have a legal basis for arresting her 7-year-old son for illegally riding a dirt bike because they did not see him doing so. Plaintiff sought $700,000 in compensatory damages for the wrongful arrest of her son.
The defenses asserted by Defendants are not ava... More... $0 (01-22-2010 - md)
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Norman A. Lockshin, M.D., P.A. v. Barbara S. Semsker
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The Circuit Court for Montgomery County held in this litigation, among other things, that the plain meaning of Md. Code, Courts & Judicial Proceedings Article1 § 3-2A-09(a) (1974, 2006 Repl. Vol.), which states that the monetary cap on non-economic damages for health care malpractice claims appearing in § 3-2A-09(b) applies “to an award under § 3-2A- 05 of this subtitle or a verdict under § ... More... $0 (01-13-2010 - MD)
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Chicago Title Insurance Company F/U/O U.S. Bank National Association v. Mary B
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Charles Lee Petr owns and once lived in a house located at 116 Kinship Road, in the Dundalk area of Baltimore County (“the Property”). He now is a ward of the Maryland Department of Corrections, where he is serving a 20-year prison sentence for second-degree rape of his niece, Mary B. Mary sued Petr in a civil action for battery, in the Circuit Court for Baltimore County (“the Tort Action”... More... $0 (01-04-2010 - MD)
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Mayor and City Council of Baltimore v. Zvi Guttman
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Appellants/cross-appellees Mayor and City Council of Baltimore (collectively “the City”), challenge the entry of judgment by the Circuit Court for Baltimore City after a jury verdict in favor of appellee/cross-appellant Zvi Guttman, trustee in bankruptcy for Ms. Deborah Mullins (“Ms. Mullins”), who brought a 42 U.S.C. § 1983 claim against the City alleging that she was fired for engaging ... More... $0 (01-04-2010 - MD)
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Deborah L. Pfeiffer v. Phoenix Insurance Company
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Appellant/cross-appellee Deborah L. Pfeifer (“Ms. Pfeifer”) appeals the sufficiency of a jury verdict in the Circuit Court for Baltimore County for $100,000 in damages against appellee/cross-appellant Phoenix Insurance Company (“Phoenix”) for breach of contract regarding an underinsured motorist claim. Ms. Pfeifer presents one issue for our consideration, which we have rephrased as such:More... $0 (01-04-2010 - MD)
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James Riffin v. Circuit Court for Baltimore County, et al.
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These consolidated cases raise the important question of whether due process requires notice and an opportunity to be heard before a court declares a person to be a “frivolous” or “vexatious” litigant, who must seek leave from the administrative judge before filing “any pleadings.” In this appeal, James Riffin, appellant, contends that the Circuit Court for Baltimore County failed to a... More... $0 (01-06-2010 - MD)
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David R. Stone v. Instrumentation Laboratory Company
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In this appeal, we address the interpretation of a provision of the Sarbanes-Oxley Act of 2002, 18 U.S.C. § 1514A, governing the filing of whistleblower lawsuits in federal district court. The parties acknowledge that the Sarbanes-Oxley Act expressly provides a United States District Court jurisdiction to entertain a whistleblower action. However, they disagree as to whether a whistleblower plain... More... $0 (01-03-2010 - MD)
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Joel Francis v. Rodney Giaccomelli
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In this appeal, we evaluate the legal sufficiency of a complaint, applying the standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) — i.e., whether the complaint on its face states plausible claims upon which relief can be granted. Following highly public exchanges between Baltimore City Mayor Martin O’Malley and Baltimore C... More... $0 (12-04-2009 - MD)
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CSR, Limited v. Andrea Taylor, et al.
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This case requires us to determine whether the Circuit Court for Baltimore City would have been justified in exercising in personam jurisdiction over Petitioner, Colonial Sugar Refining Co., Ltd. (“CSR”), an Australian business entity, under the circumstances presented in this case. Andrea Taylor and Mary Fuchsluger (collectively, “Respondents”) are the personal representatives of the esta... More... $0 (11-16-2009 - MD)
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Devonte A. Brooks v. Housing Authority of Baltimore City, et al.
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We decide in this case whether the Housing Authority of Baltimore City (“HABC”) enjoys governmental immunity from suits in tort if it has exhausted the limits of its commercial insurance policy in payment of prior claims. The case comes to us from the grant of summary judgment in favor of the HABC, the respondent, in a lead paint action brought by the petitioner, Devonte A. Brooks (“Brooksâ€... More... $0 (11-17-2009 - MD)
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Glenn Hawkins v. Rockville Printing & Graphics, Inc., et al.
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Appellant, Glenn Hawkins, brought suit in the Circuit Court for Montgomery County against appellees, Rockville Printing & Graphics, Inc. (“RPG”), and Rockville Color, LLC (“RC”), for violating the Montgomery County Human Rights Act (“MCHRA”) and Perceived Disability provision of the Montgomery County Code (“MCC”). Hawkins appeals the grant of summary judgment in favor of RPG and RC... More... $0 (11-25-2009 - MD)
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Guzman Cruz v. Clemencia Solis Silva
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The notion of alimony totally disconnected from a divorce, albeit a practice boasting a venerable pedigree, has become at least quaintly anachronistic, if not actually vestigial, in 21st Century Maryland. Just such a self-contained grant of alimony, however, is what we are urged to hold survived the shipwreck of a divorce proceeding in the Circuit Court for Prince George's County on January 9, 200... More... $0 (11-25-2009 - MD)
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Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn
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In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More... $0 (11-13-2009 - MD)
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Gebhardt & Smith, L.L.P. v. Maryland Port Administration
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This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smith”), appellant, and the Maryland Port Administration (“MPA”), appellee, over a lease (“Lease”) for office space in the Baltimore World Trade Center (“WTC”). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati... More... $0 (10-29-2009 - MD)
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Ford Motor Credit Company v. Nicole Perrell, et al.
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John and Sarah Shumaker, appellees,1 filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company (“FMC”), appellant, for alleged violations of the following statutes: 1) Maryland’s Credit Grantor Closed End Provisions (“CLEC”), Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article (“CL”) §§ 12-1001 et seq.; 2) Maryland’s Consumer Pro... More... $0 (11-02-2009 - MD)
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Tiffini Wallace v. City Homes Incorporated
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Tiffini Wallace, individually and on behalf of her two children, sued City Homes Incorporated on negligence and negligent representation theories claiming that the rowhouse that she rented was contaminated with lead paint which caused her children to suffer developmental problems from exposure to the lead.
The defenses asserted by Defendant are not available.... More... $2500000 (11-04-2009 - MD)
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Jamie Marie Meissner v. John Doe
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Jamie Marie Meissner sued Orange County, California sheriff's deputies on a civil rights violation theory under 42 U.S.C. 1983 claiming that the deputies used excessive force when she was arrested on suspicion of given false information to them after she was questioned by Laguna Beach police for jaywalking.
Defendants denied wrongdoing.... More... $0 (10-28-2009 - MD)
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Ahmed M. Ali v. CIT Technology Financing Services, Inc.
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This appeal is from a judgment entered by the Circuit Court for Prince George’s County against Ahmed M. Ali, appellant, and in favor of CIT Technology Financing Services, Inc., appellee, in the amount of $190,725.85 in damages and $21,977.95 in prejudgment interest. Appellant contends that the trial court should have dismissed the suit because it was barred by the applicable statute of limitatio... More... $0 (10-05-2009 - MD)
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Bayly Crossing, L.L.C., et al. v. Consumer Protection Division, Office of the Attorney General
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This appeal arises from a civil administrative action by the Consumer Protection Division of the Maryland Office of the Attorney General (“CPD”) against appellants Julia B. Passyn, Theodore B. Passyn, Theodore B. Passyn, III (“the Passyns”), and Bayly Crossing, LLC. CPD charged appellants with failing to register under the Home Builder Registration Act (“HBRA”), Maryland Code (2004 Rep... More... $0 (10-13-2009 - MD)
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Barbara Abrishamian v. Earl Barbely
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This case arises from a tort suit brought by appellant, Barbara Abrishamian, against appellee, Earl Barbely, in the Circuit Court for Montgomery County. Prior to the start of testimony, appellant moved for the judge’s recusal, which motion the trial court denied. During testimony, appellant moved for a mistrial based on the admission of prejudicial evidence, which the trial court also denied. Af... More... $0 (10-05-2009 - MD)
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Paul F. Worsham v. Fairfield Resorts, Inc.
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The question presented by this appeal is whether the applicable statute of limitations for a claim filed in Maryland pursuant to the federal Telephone Consumer Protection Act of 1991 (“TCPA”) is four years – based upon the federal “catch all” limitation period set forth in 28 U.S.C. § 1658(a) – or three years – based upon the Maryland general civil limitation period set forth in Mar... More... $0 (10-05-2009 - MD)
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Albert Synder v. Fred W. Phelps, Sr., et al.
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In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More... $0 (10-03-2009 - MD)
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Albert Snyder v. Fred W. Phelps, Sr.; Westboro Baptist Chruch, Inc.; Rebekah A. Phelps-Davis; Shirley L. Phelps-Roper
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In June 2006, Albert Snyder instituted this diversity action in the District of Maryland against Westboro Baptist Church, Incorporated (the "Church"), and several of its members (collectively, the "Defendants"). Snyder’s lawsuit is predicated on two related events: a protest the Defendants conducted in Maryland near the funeral of Snyder’s son Matthew (an enlisted Marine who tragically died in... More... $0 (09-25-2009 - MD)
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Mary Gray v. Cpl. Mario Chavez, et al.
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Bryan Gray was killed when the Chevrolet Beretta that he was driving was hit by a Prince George's County patrol car being driven at twice the posted speed limit on a residential street by Cpl. Mario Chavez in December 2007. Gray was on his way to the University of Maryland to take an examination and was being followed by his mother. He was attempting to execute a left turn his his car was hit by... More... $4000000 (09-19-2009 - MD)
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Herbert Livingston, et al. v. Greater Washington Anesthesiology & Pain Consultants, P.C., et al.
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This matter arises from a wrongful death action filed by appellants, Herbert Livingstone, individually and as administrator and personal representative of the estate of his deceased wife, Tracy Orr (“Dr. Orr”), who died on November 12, 2002, three days after giving birth to twin boys by a pre-term Cesarean section.1 The complaint alleged medical negligence by appellees Richard S. Margolis, M.D... More... $0 (08-27-2009 - MD)
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Michelle Collins v. National Railroad Passenger Corporation
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This case arises from a tragic accident that led to the death of thirty-five year old Robert Collins (“the Decedent”). In the early morning hours of February 17, 2005, just south of Havre de Grace, Maryland, the Decedent was working as an Electric Traction Lineman for appellee/cross-appellant, National Railroad Passenger Corporation (“Amtrak”), as a member of a five-man crew headquartered ... More... $0 (08-27-2009 - MD)
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Hartford Underwriters Insurance Company v. Wilma I. Phoebus, et al.
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In the Circuit Court for Calvert County, Hartford Underwriters Insurance Company (“Hartford”), the appellant, as subrogee of K.B.K., Inc. (“K.B.K.”), sued John L. Mattingly Construction Co., Inc. (“Mattingly”) and Wilma L. Phoebus d/b/a Wilma Phoebus Electric Company (“Phoebus”), the appellees, for negligence, breach of contract, and breach of warranties. After a hearing, the court... More... $0 (08-31-2009 - MD)
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Maryland Department of Transportation v. Gregory Maddalone
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In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI” job with the Maryland Department of Transportation (“MDOT”), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.
Maddalone challenged his termina... More... $0 (08-31-2009 - MD)
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Maryland Department of Transportation v. Gregory Maddalone
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In January 2007, Gregory J. Maddalone, the appellee, was fired from his “Administrator VI” job with the Maryland Department of Transportation (“MDOT”), the appellant. As he acknowledges, that job was the last in a series of patronage positions he held during the administration of Governor Robert L. Ehrlich, Jr., for whom he had worked and campaigned.
Maddalone challenged his termina... More... $0 (08-31-2009 - MD)
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Mi Bong Hong v. Chong Chin Cha
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Mi Bong Hong ("Ms. Hong") appeals a judgment entered against her in favor of Chong Chin Cha ("Ms. Cha") by the Circuit Court for Anne Arundel County in the amount of $104,795.26.
Background
The instant appeal is the second time the parties’ case has been before this Court. The parties’ first appellate journey resulted in an unreported opinion by a panel of this Court authored by ... More... $0 (08-31-2009 - MD)
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David C. Davidson v. Seneca Crossing Section II Homeowner’s
Association, Inc., et al.
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Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th... More... $0 (08-31-2009 - MD)
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Barrington D. Henry v. Gateway, Inc., et al.
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The central issue in this case is whether, in the absence of a controlling decision by the U.S. Supreme Court and in the face of divided federal precedent, a Maryland court is bound to apply a contractual choice-of-law clause that has the effect of interpreting federal law in a manner inconsistent with a decision of the Court of Appeals of Maryland. We conclude that it would be contrary to the fun... More... $0 (08-31-2009 - MD)
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Equal Employment Opportunity Commission (EEOC) v. Central Wholesalers, Inc.
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This appeal arises from a civil rights action brought by the Equal Employment Opportunity Commission on behalf of La Tonya Medley, an African-American female. The EEOC alleges that Medley’s former employer, Central Wholesalers, Inc. ("Central"), subjected her to a hostile work environment based on her gender and race and constructively discharged her. The district court granted summary judgment ... More... $0 (07-21-2009 - MD)
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Thomas Freed, et al. v. D.R.D Service, Inc.
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On June 22, 2006, Connor Freed (“Connor”), who was five, was taken by Paul Carroll, an adult family friend, to the swimming pool at the Crofton Country Club, in Crofton, Maryland. At approximately 4:30 that afternoon, Connor drowned in the Country Club’s swimming pool. The pool was managed at the time of the drowning by D.R.D. Pool Service, Inc. (“the pool company”), appellee.
Les... More... $0 (07-06-2009 - MD)
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Kathy Ferguson v. Georgia Bohlayer Loder, et al.
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In this appeal we consider whether a tort action, filed within the general three year statute of limitations, may proceed against the State of Maryland (“State”) when the State is made a party to the suit after the three-year filing deadline specified by the Maryland Tort Claims Act (“MTCA”). Kathy Ferguson, appellant, filed a tort action in the Circuit Court for Baltimore City against Sta... More... $0 (07-07-2009 - MD)
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Gloria A. Rice, et al. v. University of Maryland Medical System Corporation
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In Walzer v. Osborne, 395 Md. 563, 585 (2006), the Court of Appeals held: “Because [the claimant had] failed to attach the expert report to the certificate of qualified expert in a timely manner, the trial court was required to dismiss [the] medical malpractice claim.” When the Walzer decision was announced, the appellants in the present appeal were in the midst of pursuing claims based upon a... More... $0 (07-06-2009 - MD)
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Kelly Green, et al. v. N.B.S., Inc., et al.,
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In the Circuit Court for Baltimore City, after a jury awarded $2,300,000 in noneconomic damages to Kelly Green,1 Petitioner, for injuries resulting from her exposure to lead-based paint, the Circuit Court entered the following ORDER: The jury in the above-captioned case on March 26, 2007, having entered verdict in the above-captioned case in favor of the Plaintiff, and said verdict being in excess... More... $0 (07-21-2009 - MD)
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