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Semmes, Bowen & Semmes A Professional Corporation Document Search Results (121)

 

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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...

 

HTMLPurposeful Availment Found Where Foreign Corporation Solicited Business Beginning Two Year Relationship
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In 2009, Universal Leather, LLC (“Universal”), a North Carolina leather wholesaler, was approached by representatives from Koro AR, S.A.(“Koro”), an Argentine company selling finished leather goods. As a result of in-person solicitations at Universal’s office in North...

 

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...

 

HTMLDefendant’s Removal Is Frustrated by Plaintiff’s Multiple Amendments to Complaint and an Action that Was Proceeding in Three (3) Courts Simultaneously
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Johnson v. Citibank, N.A., No. PWG-14-3024 (U.S. District Court of Maryland, December 5, 2014), the Court examined a complicated case of unsuccessful federal removal. After initially filing a case pro se in Maryland State District Court setting forth, inter alia, violation of the Fair Credit...

 

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,...

 

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...

 

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...

 

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 Finds That Expectation Damages For Breach of Services Contract Limited to Compensation to be Paid for Duration of Clearly Delineated Notice Period
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
February 25, 2015, previously published on December 2014
In Thompson v. Naval Academy Athletic Association, the United States District Court for the District of Maryland held that the appropriate amount of expectation damages for the breach of an agreement providing services for a set term, which allowed either party to terminate with 180 days notice,...

 


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