Legal Articles: Semmes, Bowen & Semmes A Professional Corporation

 







Document(s) published by this organization: 121


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HTMLPursuant to Rule 55, the District Court, in Its Discretion, Granted Plaintiff’s Motion for Default Judgment, and Engaged in a Independent Determination As to Damages
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Bay State Precast, Inc. v. Royal Tractor Co., Inc., the United States District Court for the Southern District of Maryland reinforced the parameters of relief permitted by default judgment. Plaintiff, Bay State (“Bay State”), filed a complaint against Defendant, Royal Tractor...

 

HTMLUnited States District Court for the District of Columbia Denied Plaintiff’s Motion to Strike Defendants’ Expert as an Excessively Harsh Remedy
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Robinson v. District of Columbia, the United States District Court for the District of Columbia denied a motor vehicle accident plaintiff’s motion to strike municipal defendants’ accident reconstruction expert’s testimony for the defendants’ failure to disclose certain...

 

HTMLFourth Circuit Affirms Grant of Summary Judgment for Physician-Plaintiffs and Holds That North Carolina Display of Real-Time View Requirement Violates First Amendment
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
At issue before the United States Court of Appeals for the Fourth Circuit in Gretchen Stuart v. Paul Camnitz, was a North Carolina statute that required physicians to perform an ultrasound, display the sonogram, and describe the fetus to women seeking abortions. According to the statute, a...

 

HTMLFourth Circuit Affirms Maryland District Court’s Dismissal of Complaint Under Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692e, and Federal Rule of Civil Procedure 12(b)(6)
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Kharyn Ramsay v. Sawyer Property Management of Maryland, Plaintiff, Kharyn Ramsay (“Ramsay”) appealed the district court’s dismissal of her claims asserted under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 through 1692p. Specifically, Ramsay...

 

HTMLFourth Circuit Holds Social Media Sites Authenticated By Certification of Records Custodians
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In U.S. v. Hassan, the Fourth Circuit reviewed numerous issues arising from a criminal trial in which the defendants, Mohammad Omar Aly Hassan and Ziyad Omar, were convicted of conspiracy to provide material support to terrorists, conspiracy to murder, kidnap, maim and injury persons in foreign...

 

HTMLUnited States District Court Dismisses Claim for Failure to Effectuate Timely Service Without a Showing of Good Cause
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Malibu Media, LLC v. John Doe, Subscriber Assigned IP Address 98.117.50.243, the United States District Court for the District of Maryland dismissed a plaintiff’s copyright infringement claims for failure to serve timely the defendant. Writing the Court’s opinion, Judge Ellen L....

 

HTMLDefendant Host Did Not Breach Duty to Minor Plaintiff Who Was Injured in ATV Accident at his Property Where Plaintiff’s Father Permitted Plaintiff to Participate in the Activity and Knew or Should Have Known of Its Risks
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Lasley v. Hylton, No. 132408 (Supreme Court of Virginia, October 31, 2014), the Court examined the legal duty owed by a host to a child social guest when the child’s parent is present and supervising the child, which was an issue of first impression for this Court. In the underlying case,...

 

HTMLInformed Consent Discussions Excluded in Medical Malpractice Case
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Fiorucci v. Chinn, No. 131869 (Supreme Court of Virginia, October 31, 2014), the Court examined the admissibility of certain informed consent discussions between a patient and his oral surgeon in a medical malpractice case involving a wisdom tooth extraction. The trial court excluded evidence of...

 

HTMLMaryland Federal District Court Lacks Subject Matter Jurisdiction to Hear Life Insurance Case Where Plaintiffs Did not Sustain any Injuries Within the Meaning of Article III
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Jeffrey Higdon, As Trustee Of The Life Insurance Trust Dated November 1, 1991 v. Lincoln National Insurance Co. et al., Plaintiff Jeffrey F. Higdon, as Trustee of the John J. Germenko Life Insurance Trust Dated November 1, 1991 (the “Trust”), sought to recover the death benefits of...

 

HTMLShort-Term Disability Claim Administrator Abuses Discretion in ERISA Case When It Fails to Access Readily Available Information That May Confirm Plaintiff’s Theory of Disability
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Harrison v. Wells Fargo Bank, N.A., No. 13-2379 (U.S. Court of Appeals for the Fourth Circuit, December 5, 2014), the Court determined that Defendant abused its discretion by terminating the Plaintiff’s short term disability benefits. Specifically, the Court held that Defendant did not...

 


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