In Janet M. Nesse, Trustee v. GMAC Mortgage, LLC, Adversary No. 11-00290 (Bankr. D. Md. Apr. 19, 2012), the Bankruptcy Court considered the issue whether the Trustee could utilize sec. 544(a)(1) or (3) to avoid an equitable lien against property held as tenants by the entireties where only on spouse is a debtor in bankruptc… Read More

In Dorothy M. Tracey v. Anthony K. Solesky, et al., No. 53, Sept. Term 2012 (Md. Apr. 26, 2012), a 4-3 majority opinion, the Maryland Court of Appeals modified the common law liability principles that previously applied and established a strict liability standard against owners and landlords for harboring or control in case… Read More

A recent Maryland Court of Special Appeals decision, Washington Metropolitan Area Transit Authority v. Williams, 2012 Md. App. LEXIS 46 (Md. Ct. Spec. App. 2012) has clarified the status of the law in Maryland with respect to the causal relationship required to demonstrate that a second injury (which is not physically relat… Read More

In Evanston Insurance Company v. Dan Ryan Builders, Inc., No. 11-02366 (D. Md. Feb. 13, 2012), the Court granted the insureds' motion to dismiss an insurer's declaratory judgment action, finding in favor of abstention based on parallel litigation pending in state court. The defendants were Maryland contractors who… Read More

Congratulations to Partner John Tremain May on his selection for inclusion to the 2012 DC Super Lawyers List. The Super Lawyers Magazine conducts an annual rating process that includes independent research, peer nominations and peer evaluations. This selection demonstrates that John has achieved a high degree of peer recogn… Read More

In PBM Nutritionals, LLC v. Lexington Ins. Co., No. 110669 (Va. Apr. 20, 2012), the Virginia Supreme Court affirmed the Circuit Court's judgment that pollution exclusions barred coverage for a multi-million dollar loss resulting from a manufacturing incident that contaminated a number of lots of infant formula, which a… Read More

In Travelers Property Casualty Co. v. Chubb Custom Ins. Co., No. 11-565 (E.D. Pa. March 30, 2012), the Court awarded summary judgment to two insurers on the grounds that coverage for the underlying lawsuit concerning odors from a “pig-raising operation” were barred by the pollution exclusions in the policies. Th… Read More

In Minnesota Lawyers Mut. Ins. Co. v. Baylor & Jackson, PLLC, No. 10-2701 (D. Md. Apr. 3, 2012), the District Court granted summary judgment to the insurer, holding that the insurer is not liable to defend or indemnify the defendant law firm under an LPL policy. The Court awarded summary judgment based on the finding th… Read More