Office is not Entitled to Summary Judgment on Qualified Immunity After using a Taser Ten (10) Times
Gregory L. Arbogast, February 7, 2013
In Meyers v. Baltimore County, Maryland, the Fourth Circuit Court of Appeals overturned the United States District Court for the District of Maryland and held than an officer who tased a suspect ten (10) times was not entitled to qualified immunity as a matter of law. Therefore, the Fourth Circuit...

Heightened Pleading Standards for Affirmative Defenses
Gregory L. Arbogast, January 28, 2013
In Hammer v. Peninsula Poultry Equip. Co., Inc., the United States District Court for the District of Maryland struck some unsupported affirmative defenses in one (1) of the two (2) Defendants’ Answers, and permitted both Defendants to amend their Answers. Judge Bennett held that Defendants...

Prescription Drugs are not “Consumer Goods” Within the Meaning of the Maryland Consumer Protection Act
Gregory L. Arbogast, January 28, 2013
In Pease v. Abbott Laboratories, Inc., Judge Bredar of the United States District Court for the District of Maryland dismissed two (2) counts of an eleven (11)-count Complaint for failure to state a claim upon which relief could be granted. Plaintiffs, Elizabeth Pease and her husband, Ronald Pease,...