Legal Articles: Semmes, Bowen & Semmes A Professional Corporation

 







Document(s) published by this organization: 132


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HTMLVideo Contradicting Plaintiff’s Theory of Liability Sufficient for Summary Judgment
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
Plaintiff Hall was a passenger on a bus being operated by the Washington Metropolitan Area Transit Authority (“WMATA”). Plaintiff alleged that as she was alighting from the bus, the bus operator began to close the door on her, “pushing” her out of the bus. Plaintiff lost her...

 

HTMLFourth Circuit Affirms Maryland District Court’s Decision to Remand Case to State Court Where Defendant Did Not Raise Timely Federal Defense Under 28 U.S.C. § 1446(b)
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In Kathleen Wood v. Crane Co, the United States Court of Appeals for the Fourth Circuit was asked to review an asbestos action involving Defendant, Crane Company (“Crane”), one of many defendants in the litigation, which removed the case to federal court based on federal officer...

 

HTMLMaryland Court of Appeals Finds That Maryland’s Wage Payment and Collection Law Applies to Claims for Overtime Wages
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 27, 2014, previously published on August 2014
In Peters v. Early Healthcare Giver, Inc., the Maryland Court of Appeals held that Maryland’s Wage Payment and Collection Law (“WPCL”) covered claims for overtime wages, despite any federal authority to the contrary. Writing for the Court, Judge Sally D. Adkins held that there was...

 

HTMLMaryland Federal District Court Grants Defendant-Physician’s Partial Motion for Summary Judgment in Declaratory Action Involving Insurance Coverage Dispute
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
In Catlin Specialty Insurance Co. v. Barry I. Aron, M.D., the Maryland District Court was asked to decide a medical malpractice insurance coverage dispute involving Defendant, Dr. Barry I. Aron (“Dr. Aron”) an obstetrician/gynecologist who had purchased an insurance policy from...

 

HTMLTrial Court Properly Excluded Defense Expert Testimony on Cigarette Smoking as Contributing to Plaintiff’s Lung Cancer in Asbestos Case
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
In Carter v. The Wallace & Gale Asbestos Settlement Trust (No. 84, Court of Appeals of Maryland, July 21, 2014), the primary issue was whether apportionment of damages was appropriate in the wrongful death and asbestos litigation context-specifically in a smoking lung cancer case....

 

HTMLNew Trial Required Where Asbestos Manufacturer’s Request for Instruction on Employer’s Duty to Employee Not Given
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
Plaintiff’s decedent, Michael Galliher, contracted and died from mesothelioma as a result of exposure to asbestos while employed with Borg Warner (“BW”) at a bathroom fixtures facility. Plaintiff alleged that the materials used at BW were manufactured by the Defendant, R.T....

 

HTMLCourt of Appeals Denies Government’s Petition for Interlocutory Review of Class Certification for African-American Secret Service Agents
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
In In re Johnson, the United States Court of Appeals for the District of Columbia declined to grant an interlocutory review of class certification in an employment discrimination case against the United States Department of Homeland Security (the “Government”). The district court had...

 

HTMLConstructive Trust and Posthumous QDRO Proper Where Divorcing Parties Failed to Communicate Terms of Divorce Agreement to Retirement Plan
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 19, 2014, previously published on August 2014
Robinette v. Hunsecker (No. 90, Court of Appeals of Maryland, July 18, 2014), involved the intersection of a divorce and pension/retirement benefits under a retirement plan sponsored by the Husband’s employer. In terms of the underlying facts, Husband was employed by a public school system,...

 

HTMLThe U.S. District Court for the District of Maryland Denied Motion to Stay Under the Long and Real Truth Tests
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
August 12, 2014, previously published on July 2014
In Rose v. Logan, the United States District Court for the District of Maryland denied Appellant’s Motion to Stay under both the Long and Real Trust tests. Appellant, Rainer T. Rose (“Rose”), sought relief from the sale of real property owned by the Debtor, Blackwater Enterprises,...

 

HTMLMaryland District Court Dismissed Class Action Complaint Against Wardflex Manufacturer for Lack of Standing and Preclusion Under the Economic Loss Doctrine
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 31, 2014, previously published on July 2014
In Hasley v. Ward Manufacturing, LLC, the United States District Court for the District of Maryland dismissed with prejudice a class action suit against the maker and installer of Wardflex, an allegedly dangerous piping found in residential and commercial structures. The Class Action Complaint...

 


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