In Lawley v. Northam, a case recently decided by the U.S. District Court for the District of Maryland, the court explored the scope of a real estate agent’s liability for making material misstatements or omissions concerning a property for sale. Lawley v. Northam, 2011 U.S. Dist. LEXIS 37690 (D. Md. Apr. 5, 2011). In…
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In Fireman’s Fund Insurance Company a/s/o Mangione Family Entpr. v. Tecumseh Products Co., et al., Civil Case No. JKB-09-2811 (D. Md. Mar. 2, 2011), the United States District Court for the District of Maryland excluded plaintiff’s causation expert for failing to meet the generally accepted standards for fire in…
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The most recent issue of Jordan Coyne & Savits, L.L.P.’s newsletter is available here.
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Trial lawyers in the Washington, D.C. metropolitan area soon realize that almost every case can require discovery across jurisdictional boundaries. For cases where there is diversity or federal question jurisdiction, removal to federal court makes discovery easier. But when removal is not an option, the Uniform Interstate D…
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The procedure for removal of a state law claim to federal court is usually simple. After the defendant is served with the complaint, she has 30 days to file a notice of removal, or the case remains in state court. 28 USC sec. 1446. But what if there are multiple defendants who are served with the complaint on different days…
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In Developers Surety and Indemnity Co. v. Resurrection Baptist Church, Case No. RWT 10cv1224 (D. Md. Dec. 1, 2010), the Court held that the surety must arbitrate disputes related to performance bonds where the performance bonds specifically incorporated by reference construction contracts containing an arbitration clause. I…
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In Mascone v. American Physical Society, Inc., the Fourth Circuit affirmed the District Court’s award of summary judgment to the defendant, and the District Court’s denial of the plaintiff’s motion for reconsideration. The Court affirmed summary judgment on the wrongful termination claim, finding that the…
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In the Jamal Logan v. LSP Marketing Corp., et al., the Court of Special Appeals upheld the trial court’s granting of an order in a lead paint case precluding all but one of plaintiff’s 12 experts as a sanction for failure to comply with Md. Rule 2-402(g) (i.e. failing “to state the subject matter, substanc…
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In Rashid Mohiuddin v. Doctors Billing & Management Solutions, Inc., et al., ________ Md. App. _________ (Nov. 1, 2010), the Court of Special Appeals addressed two issues; (1) whether the trial court had sufficient grounds to dismiss Plaintiff?s complaint on the grounds that it failed to state a cause of action, and (2)…
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In Mary Thomas v. Panco Management of Maryland, LLC, et al., ___________ Md. App. ____________ (Oct. 1, 2010), the Maryland Court of Special Appeals affirmed a ruling from the Circuit Court for Prince George’s County, holding that, in a slip and fall case, a plaintiff can be held to have voluntarily assumed the risk o…
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