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HTMLU.S. District Court Examines Standard for Granting Relief Under FRCP 60(b) and for Recusal Under 28 U.S.C. § 144.
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Raymond Pierre v. Beebe Hospital/Medical Center, et al., a case involving a motion for relief from final judgment pursuant to Federal Rule of Civil Procedure 60(b)(3) and (4), and a motion for recusal pursuant to 28 U.S.C. § 144, the United States District Court for the District of Delaware...

 

HTMLHotel Patron Has No Right to Contractual Damages for Elevator Defect Causing Injury
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 20, 2015, previously published on May 2015
On June 26, 2012, Cheryl Freeman was a guest at a Doubletree hotel. While riding the hotel elevator, the elevator became disabled and stopped between two (2) floors. The Doubletree employees opened the doors and encouraged the occupants to jump to the floor several feet below. When Freeman jumped,...

 

HTMLMaryland District Court Grants in Part and Denies in Part Motion to Dismiss or, in The Alternative, For More Definite Statement Under Fed. R. Civ. P. 12(b)(6) and 12(e)
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 20, 2015, previously published on May 2015
In Dynport Vaccine Co., LLC v. Lonza Biologics, Inc., Plaintiff, DynPort Vaccine Company LLC (“DynPort”), sued Defendant, Lonza Biologics, Inc. (“Lonza”), in a three (3)-count complaint, alleging breach of contract, negligence, and unjust enrichment. The United States...

 

HTMLUnited States District Court for District of Maryland Enters Sanctions against Party for Failing to Attend Court Ordered Settlement Conference
Paul N. Farquharson; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 14, 2015, previously published on April 2015
In MHD-Rockland, Inc. v. Aerospace Distributors, Inc., the United States District Court for the District of Maryland determined that dismissing a party’s case for declining to attend a Court ordered settlement conference was too harsh of a sanction when that party had not previously engaged...

 

HTMLDamages Claim Limited Due To Spoliation In Defective Design Case.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 14, 2015, previously published on April 2015
Kettler International, Inc. (“Kettler”) is the manufacturer of patio furniture, including chairs. Between 2009 and 2013, Kettler sold approximately 13,870 Carlo Model chairs (“chairs”) to Starbucks Corporation (“Starbucks”). Between 2011 and 2013 Starbucks began...

 

HTMLD.C. Superior Court holds that Non-Profit can recover monetary damages on behalf of non-party consumers under the D.C. Consumer Protection Procedures Act
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
In National Consumers League v. Bimbo Bakeries United States, the Superior Court of the District of Columbia issued a written opinion, in which it held that a non-profit entity could pursue claims arising under the District of Columbia’s Consumer Protection Procedures Act (“D.C....

 

HTMLMaryland Court of Appeals Interprets Insurance Policy in Favor of Insurer and Concludes that Underinsured Motorist Provisions Were Not Ambiguous
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
In Linda Connors, Individually etc., v. Government Employees Insurance Co., the Court of Appeals of Maryland decided a case involving a dispute between an insurance company and two (2) of its insureds, regarding the method to calculate the proceeds owed to the insureds pursuant to the underinsured...

 

HTMLU.S. District Court Examines Standard for Employment Discrimination and Retaliation Claims
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
In Michael Whaley and Valerie Robinson v. Lewis Schiliro, a case involving a motion for summary judgment in an employment discrimination and retaliation action, the United States District Court for the District of Delaware concluded that no reasonable factfinder could find that Plaintiffs suffered...

 

HTMLU.S. District Court Examines Standard for Dismissing a Frivolous Complaint Pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1)
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
May 13, 2015, previously published on April 2015
In Jonathan Black v. Robert Coupe, et al., a case involving the judicial screening of an inmate Plaintiff’s Second Amended Complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B), 1915A(a), the United States District Court for the District of Delaware concluded that the Plaintiff had...

 

HTMLU.S. District Court Examines Pleading Standard for Willful Patent Infringement Claims
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
May 7, 2015, previously published on April 2015
In Spherix Incorporated and NNPT, LLC v. Juniper Networks, Inc., a case involving a motion to dismiss claims of willful patent infringement pursuant to Federal Rule of Civil Procedure 12(b)(6), the United States District Court for the District of Delaware concluded that the plaintiffs’...

 


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