Legal Articles: Semmes, Bowen & Semmes A Professional Corporation

 







Document(s) published by this organization: 135


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HTMLVirginia Federal Court Lacks Jurisdiction Over Arizona Resident
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 21, 2014, previously published on July 2014
In Hirsch v. Johnson, the United States District Court for the Eastern District of Virginia held that the court lacked personal jurisdiction over the defendant, an Arizona resident, under Virginia law and the Fourteenth Amendment to the United States Constitution. The Court rejected...

 

HTMLDistrict Court Granted in Part Defendants’ Motion to Dismiss for Failure to Satisfy the Amount in Controversy Requirement Where Defendants Met “Legal Certainty” Standard.
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 21, 2014, previously published on July 2014
In Due Forni LLC v. Euro Rest. Solutions. Inc., et al., the United States District Court for the District of Maryland denied Plaintiff’s Motion for Default Judgment and granted in part and denied in part Defendants’ Motion to Dismiss for Lack of Jurisdiction for failure to satisfy the...

 

HTMLThe Supreme Court of Appeals of West Virginia clarified the limits on punitive damages and the scope of the states Medical Professionals Liability Act, Nursing Home Act, and law of fiduciary duty in nursing home negligence cases.
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Manor Care, Inc. v. Douglas, a case involving the appeal of a $91.5 million jury verdict in a nursing home negligence case, the Supreme Court of Appeals of West Virginia held that: (1) the verdict form did not allow the jury to award damages to non-parties, (2) the Medical Professionals...

 

HTMLSCOTUS Affirms Bankruptcy Court Authority and Expounds Approach to Adjudicating Stern Claims
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Executive Benefits Insurance Agency v. Arkison, the Supreme Court clarified their 2011 holding in Stern v. Marshall, 131 S. Ct. 2594 (2011). Under Stern, bankruptcy courts no longer had the authority to enter judgments in certain “core” bankruptcy claims, a power that Article III of...

 

HTMLConstructive Delivery Did Not Exist When Husband Deeded House to Himself and His Wife, Informed His Wife, and Placed the Unrecorded Deed in Couple’s Shared Filing Cabinet
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Daniels v. Daniels, the Maryland Court of Special Appeals affirmed the decision of the Baltimore County Circuit Court in favor of the personal representative of the decedent’s estate. The personal representative brought suit against the decedent’s surviving spouse seeking to quiet...

 

HTMLA Foreign Manufacturer May be Subject to Personal Jurisdiction in the United States Under the “Stream of Commerce” Theory Where It Is Closely Affiliated with Its Intermediary Distributer
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In Valichka v. Kettler Int’l, Inc., et al., the United States District Court for the District of Maryland denied Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction. Plaintiff William Valichka (“Valichka”) sued Defendants Kettler International, Inc., (D/B/A...

 

HTMLUnited States District Court for the District of Maryland Extended Protection under the Miller Act to Second-Tier Subcontractors Although They Lacked Privity with the General Contractor
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In United States ex rel. Ariosa & Co., Inc. v. All State Constr., Inc., the District Court of Maryland held that a second-tier subcontractor had a right to recover labor and material costs incurred under a subsubcontract from the general contractor. Plaintiff Ariosa & Company, LLC...

 

HTMLD.C. Court of Appeals Holds Claimants Who Show Domestic Violence Was A “Substantial Factor” In Their Separation From Employment Are Eligible For Unemployment Benefits
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 9, 2014, previously published on June 2014
In E.C. v. RCM of Washington, Inc., the District of Columbia Court of Appeals held that any claimant who shows that domestic violence played a “substantial factor” in their separation from employment is eligible for unemployment compensation benefits under D.C. Code § 51-131, even...

 

HTMLDelaware Supreme Court Clarifies Standard Required To Vacate An Arbitration Award Under The Delaware Arbitration Act
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
In SPX Corp. v. Garda USA, Inc., a case involving the appeal of a Court of Chancery decision to vacate an arbitration award, the Supreme Court of Delaware held that the arbitration award was not without basis in the parties’ contract and submissions, and thus was not subject to vacatur under...

 

HTMLDueling FDA Regulations Do Not Preclude Private Parties from Bringing Lanham Act Suits, Thereby Permitting POM to Bring Action against Coca-Cola for Alleged Deceptive Drink Labeling
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
SCOTUS reviewed its second Lanham Act challenge this Term in POM Wonderful LLC v. Coca-Cola Co. See Lexmark Int’l Inc. v. Static Control Components, Inc., 572 U.S. ---, 132 S. Ct. 1377 (2014) (articulating the standards for standing to bring false advertisement claims under the Lanham Act)....

 


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