Twombly Motion Resolves Civil Rights Claim Arising From Suspicion of Shoplifting
October 31st, 2011
Shoplifting can cause retailers to incur costs far greater than simply the value of the items stolen. Even when the store and its employees act in the utmost good faith, someone accused of shoplifting can turn around and sue the store. These suits sometimes include claims of racial discrimination. Until recently, it was dif…
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Partner John O. Easton, Esq., selected for the 2012 Edition of The Best Lawyers in America
October 31st, 2011
Congratulations to Partner John O. Easton, Esq., for his selection as in the 2012 Edition of Baltimore and Washington’s Best Lawyers, in the area of Professional Malpractice Law (Defendants). This list is excerpted from the 2012 edition of The Best Lawyers in America. Lawyers are chosen for inclusion based solely on a…
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Categories: News
Swigert Settlement Does Not Extinguish Non-Settling Party's Claim for Contribution, Even In Absence Of A Cross-Claim
October 31st, 2011
In the consolidated appeals of Wycinna L. Spence v. Emerson R. Julian, Jr., et al., No. 2764 Sept. Term 2009 and Emerson R. Julian, Jr., et al. v. Mercy Medical Center, Inc., et al., No. 1511, Sept. Term 2010 (Oct. 26, 2011), the Court of Special Appeals addressed whether a non-settling defendant has a right to pursue a cla…
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Employment discrimination: A Title VII retaliation claim must allege objectively deterrent action
September 23rd, 2011
In Cook v. Billington, 2011 U.S. Dist. Lexis 88284 (D.D.C. Aug. 9, 2011), the United States District Court for the District of Columbia emphasized that to successfully state a claim for retaliation under Title VII, an employee must allege that when he or she engaged in, or attempted to engage in, a protected activity, his o…
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Categories: Employment Discrimination
Legal malpractice decision explores roles of judge, jury, and expert in District of Columbia
September 15th, 2011
In a legal malpractice case, Hickey v. Scott, No. 07-1866 (D.D.C. July 11, 2011), the District Court explored the respective roles of the judge, jury, and expert under D.C. law. (An earlier decision in this case was previously discussed here.) The claim discussed in this ruling was the plaintiff’s allegation that the…
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Impeachment with a prior conviction of an infamous crime, in Maryland
September 13th, 2011
In Deltavia Cure v. State of Maryland, No. 135 Sept. Term 2010 (Md., Aug. 16, 2011), the Court of Appeals discussed the process by which a trial court evaluates whether to allow a witness’s prior conviction for an infamous crime to be used against him for impeachment purposes. The trial court must first look to Maryla…
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Categories: Maryland
Innocent Insureds provision held not to save coverage for accounting firm for employee theft
September 12th, 2011
In Bryan Brothers Inc. v. Continental Casualty Co., No. 10-1439 (4th Cir. March 24, 2011)(published per order filed Sept. 6, 2011), the Court held that the prior knowledge provision in an accounting firm’s professional liability policy was a clear and unambiguous condition precedent to recovery under the policy for th…
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Employment discrimination action dismissed in favor of arbitration under employment agreement
September 9th, 2011
In Ratliff v. Costar Realty Information, Inc., No. 11-0813 (D. Md. July 7, 2011), the U.S. District Court for the District of Maryland granted a motion to compel arbitration of an employment discrimination action. At the time she was hired, the plaintiff signed an employment agreement with Costar, which included an arbitrat…
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John Tremain May selected for inclusion in the 2012 edition of The Best Lawyers in America
September 9th, 2011
Congratulations to Partner John Tremain May, Esq. on having been selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America (Registered) in the practice area of Legal Malpractice Law – Defendants. John May defends attorneys and accountants in professional malpractice actions in the District…
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Categories: News
Novel settlement coupled with assignment of contribution claim against co-defendant in D.C.
September 6th, 2011
In Estate of Kurstin v. Lordan, No. 07-CV-1221 (D.C. July 21, 2011), the D.C. Court of Appeals approved an unusual settlement arrangement in a medical malpractice action, in which the settlement agreement preserved the settling anesthesiologist’s claim of contribution from the non-settling surgeon, but solely for the…
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