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HTMLMaryland Court of Appeals Establishes a Two-Part Test for Business Pursuits Exclusion
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 24, 2014, previously published on July 2014
Maryland adopted a two-part test for determining when insurers should apply a business pursuits exclusion in a homeowner’s policy for business activities. The Maryland Court of Appeals joined the Third Circuit and high courts of several other states, including Kansas, Arizona, and Montana, in...

 

HTMLU.S. District Court Outlines Acceptable FLSA Settlements
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 24, 2014, previously published on July 2014
In Duprey v. Scotts Co. LLC, a case involving the settlement of an employee’s claims against his employer for violations of the Fair Labor Standards Act (“FLSA”) and two related Maryland statutes, the United States District Court for the District of Maryland held that the...

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 


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