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Real estate agents’ broad duty of care discussed by Maryland federal court

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… Read More
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Fire cause and origin expert excluded by Maryland federal judge under Daubert analysis

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… Read More
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Jordan Coyne & Savits, L.L.P.‘s most recent newsletter, “Extraordinary Writs”, is now available

The most recent issue of Jordan Coyne & Savits, L.L.P.’s newsletter is available here. Read More
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Foreign subpoenas are still often a foreign concept

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… Read More
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4th Circuit strictly construes removal deadline where multiple defendants are served

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… Read More
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Surety must arbitrate disputes based on contract incorporated by reference in bonds

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… Read More
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Categories: Arbitration, Maryland

Fourth Circuit affirms award of summary judgment to defense in employment discrimination case

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… Read More
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Countering A Plaintiff’s Counsel’s Minimal Expert Witness Disclosures in Lead Paint Litigation

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… Read More
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Motion to Dismiss Upheld for Failure to State a Claim and Failure to Obtain Leave to Amend

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)… Read More
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Categories: Maryland

Assumption of the Risk - Slip and Fall on Icy Sidewalk

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… Read More
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Categories: Maryland