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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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Maryland federal court denies coverage under CGL policy for alleged theft of $1.5 million in goods
September 5th, 2011
In IFCO Systems North America, Inc. v. American Home Assurance Company, No. 09-2874 (D. Md. June 23, 2011), the Court granted summary judgment to American Home Assurance Company, finding no coverage under the American Home policy for the insured’s liability arising from alleged theft by the insured’s employees o…
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Rescission action requires reasonable promptness by insurer
September 4th, 2011
In The Charter Oak Fire Ins. Co. v. American Capital, Ltd., No. DKC 09-0100 (Aug. 9, 2011), the Court considered the issue of whether an insurer acted with reasonable promptness to rescind an insurance policy after learning of misrepresentations in the application for insurance. The district court denied the insured’s…
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Statute of limitations held to bar medical malpractice action for failure to diagnose cancer
August 30th, 2011
In Linton v. Evans, the Plaintiff, in an attempt to avoid the three year statute of limitations period, argued that limitations began to run when she learned that her cancer was “probably noncurable,” rather than when she first learned she had cancer. The plaintiff argued that her claim was timely filed on May 7…
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In Maryland civil actions, admissibility of other crimes, wrongs or acts is governed by Rule 403
July 1st, 2011
Ruffin Hotel Corporation of Maryland, Inc. v. Gasper, changed the common understanding as to the applicability of Rule 404(b) in civil cases. In that case, a hotel employee brought suit against her former employer following her termination. The Complaint contained claims for sexual harassment and retaliatory discharge. Plai…
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Landlord loses pitbull injury suit on appeal in Maryland
July 1st, 2011
Solesky v. Tracey seemingly expanded a landowner’s potential liability for the damages caused by tenant’s pets. That case concerned a landlord’s liability for the mauling of a boy by a tenant’s pit bull. In 2006, the landlord rented her property to two tenants. The lease included a provision allowing…
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Wrongful death settlement procedures reviewed in Maryland
June 27th, 2011
In ACE American Insurance Company v. Williams, et al., 418 Md. 400, 15 A.3d 761 (2010), the Maryland Court of Appeals held that a court cannot approve a settlement of a wrongful death action unless the settlement complies with the requirements of Maryland Rule 15-1001, Courts and Judicial Proceedings Article sec. 3-904, and…
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Intentional infliction claim dismissed by Maryland federal court
June 27th, 2011
In Respess v. Travelers Cas. & Sur. Co. of Am., 2011 U.S. Dist. Lexis 28531 (D. Md. 2011), the United States District Court for the District of Maryland analyzed the factual circumstances necessary to support a cognizable claim for intentional infliction of emotional distress and gross negligence against an insurer for…
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Reminder Notice Can Extend Grace Period for Life Insurance Premium Payment in Maryland
June 27th, 2011
In a decision of interest to estate attorneys and insurance advisors, the Maryland Court of Special Appeals considered whether a life insurance policy issued to Dr. John Griffith (“Dr. Griffith”) was in force at the time of his death. See United States Life Ins. Co. v. Wilson, 198 Md. App. 452, 18 A.3d 110 (2011…
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Joint Tortfeasor Liability in Asbestos Cases Addressed by Maryland Court
June 2nd, 2011
In a recent decision, Scapa Dryer Fabrics, Inc. v. Saville, 16 A.3d 159 (Md. 2011), the Maryland Court of Appeals addressed an issue of first impression relating to joint tortfeasor liability in asbestos cases. In that case, Mr. Saville was a “broke hustler” for a paper mill: his job was to keep the machines cle…
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