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HTMLU.S. District Court Examines FRCP 24(b)(1)(B) Permissive Intervention Standard
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In Theodore Barrett, et al., v. Lawrence Mcdonald MD, et al., a case involving a Motion for Permissive Intervention filed in an ongoing 42 U.S.C. § 1983 suit, the United States District Court for the District of Delaware concluded that intervention was not warranted under Federal Rule of Civil...

 

HTMLObstetrician was Apparent Agent of Hospital When Patient Arrived with Fetal Demise.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
On November 4, 2010, Cierra Randolph presented to the Obstetrics and Gynecology Department at Maryland General Hospital at 37 weeks for the onset of labor. During the preliminary exam, the labor and delivery nurse did not find a fetal heartbeat, and immediately contacted the attending obstetrician,...

 

HTMLDistrict Court Granted Defendant’s Motion for Summary Judgment Where Plaintiffs Abandoned Claims by Failing to File Timely Responses.
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In Uribe, et al., v. Aaron’s, Inc., the United States District Court for the Southern District of Maryland reinforced the importance of adhering to court mandated filing deadlines and granted Defendant’s motion for summary judgment where Plaintiffs failed to respond to both the motion...

 

HTMLFourth Circuit Affirms District Court’s Decision That Virginia Workers’ Compensation Act Barred Personal Injury Suit by Construction Worker Employed by North Carolina Company
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In James Demetres v. East West Construction, Inc., James Thomas Demetres (“Demetres”) appealed the district court’s dismissal of his personal injury suit against East West Construction, Inc. (“East West”) for lack of subject matter jurisdiction pursuant to Federal Rule...

 

HTMLVirginia Supreme Court Finds That an Act of Corporate Domestication Does Not Give Rise to Shareholders’ Statutory Rights of Appraisal
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Fisher v. Tails, Inc., the Virginia Supreme Court held, as a matter of first impression, that shareholders in a corporation originally incorporated in Virginia were not entitled to appraisal rights when that corporation transferred its state of incorporation to Delaware. Under Virginia law -...

 

HTMLSuperior Court Denied Plaintiff’s Motion to Deem Service Complete Finding Further Action Necessary Despite Plaintiff’s Four Attempts by In-Person and Mail Service.
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In Fiorelli v. Bai., the Superior Court of the State of Delaware for New Castle County denied Plaintiff’s motion to deem service complete. The lawsuit, initiated by Anthony Fiorelli (“Plaintiff”) in February 2013, arose from a car accident allegedly involving Yunmei Bai...

 

HTMLERISA Preempts Plan Participant’s Attempt to Impose State Law Constructive Trust on Ex-Wife’s Vested Survivor Annuity Benefits
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In Vanderkam v. Vanderkam, No. 13-5163, 2015 WL 233686 (D.C. Cir. Jan. 20, 2015), the Court examined ERISA preemption in the context of an employer’s annuity pension plan. The Employee Retirement Income Security Act of 1974 (ERISA) entitles spouses of pension plan participants to a survivor...

 

HTMLU.S. District Court Examines Pleading Standard Under FRCP 12(b)(6) and FRCP 9(b)
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Lacey Townsend v. Eastern Specialty Finance, Inc., a case involving a private cause of action under the Delaware Consumer Fraud Act, the United States District Court for the District of Delaware concluded that the factual allegations in the plaintiff’s complaint failed to state a claim...

 

HTMLIn Medical Malpractice Case, Plaintiff’s Certificate of Qualified Expert and Report Were Legally Sufficient, and Thus, Trial Court Erred by Dismissing Complaint
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Powell v. Wurm, Slip Op., No. 0782 (Maryland Court of Special Appeals, Jan. 29, 2015), the Court examined the sufficiency of the medical malpractice Plaintiff’s certificate and report of qualified expert, which is a threshold requirement connected with filing a medical malpractice action...

 

HTMLU.S. District Court Examines Docket Management Authority Under FRCP 41(b)
Richard J. Medoff; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
In Amir Fatir v. Walter Redman, et al., a case involving a motion to enforce a judgment issued in 1977, the United States District Court for the District of Delaware concluded that enforcement of the judgment was not warranted and that dismissal of the underlying case was appropriate under Federal...

 


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