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HTMLTrial Court Properly Granted Summary Judgment for Nightclub Defendants Where Plaintiffs Injured in Bar Fight Failed to Prove Applicable Standard of Care by Expert
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on October 2014
In Night and Day Management LLC v. Butler, No. 13-CV-944(District of Columbia Court of Appeals, October 23, 2014), the District of Columbia high court affirmed summary judgment in favor of the Defendants in a case alleging inadequate nightclub security due to the Plaintiffs’ lack of expert...

 

HTMLFourth Circuit Affirms Judgment of South Carolina District Court in Denying Debtors’ Motion for Reconsideration Arising from Bankruptcy Proceeding
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on October 2014
In Branch Banking and Trust Company v. Cathy Lanier, Randy and Cathy Lanier (collectively, “the Laniers”) appealed the district court’s judgment in favor of Branch Banking & Trust Company (“BB&T Co.”) and its order denying their Fed. R. Civ. P. 59(e) motion for...

 

HTMLDistrict Court Granted Defendants’ Motion to Dismiss for Failure to State a Claim where Plaintiff Failed to Satisfy the “Plausibility” Standard
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on November 2014
In Glenn v. CSX Trans., Inc., the United States District Court for the District of Maryland granted Defendant’s Motion to Dismiss Plaintiff’s Complaint for failure to state a claim. Plaintiff, a Maryland resident, sued Defendant, a Virginia Corporation, alleging that the Defendant...

 

HTMLWhen Should An Inferior Court Just Sit Tight?
Ryan G. Koopmans; Nyemaster Goode, P.C.;
Legal Alert/Article
December 19, 2014, previously published on December 18, 2014
That was the main question yesterday in Deaton v. Arkansas Department of Correction. Arkansas prisoner Christopher Deaton wants to grow a full-length beard for religious reasons, but prison policy doesn’t allow it because of safety concerns. Deaton sued under the Religious Land Use and...

 

HTMLMetro Police Department Not Vicariously Liable For Assault by Off-Duty Plain Clothes Officers
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on November 2014
In the early morning of February 3, 2007, three off-duty District of Columbia Metropolitan Police Department officers went to the Szechuan Gallery for food and drink, having previously been drinking at another establishment. The officers were not in uniform, but two of the officers were carrying...

 

HTMLUnited States District Court Holds that Personal Injury Plaintiff Stated a Legally Cognizable Claim, Irrespective of Whether Defendant Corporation Alleged Plaintiff was an Employee.
Wayne C. Heavener; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on November 2014
In Fischer v. ISE America, Inc., the United States District Court for the District of Maryland held that personal injury plaintiffs’ complaint neither failed to invoke the court’s jurisdiction, nor failed to state a claim upon which relief could be granted, simply because the defendant...

 

HTMLEvidence of Lack of Insurance Only Admissible in Negligent Hiring Case if Proximate Cause of Harm Alleged
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on October 2014
In April 2012, Morgan Perry was struck by a dump truck being operated by William H. Johnson, II while crossing an intersection, causing significant injuries. At the time of the incident, Johnson was operating a truck owned by Higher Power Trucking, LLC (“Higher Power”), Johnson’s...

 

HTMLPlaintiff Only Awarded Nominal Damages in Breach of Contract Case
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
December 19, 2014, previously published on November 2014
In Natural Product Solutions, LLC v. Vitaquest International, LLC, No. CCB-13-436 (D. Md., November 13, 2014), Plaintiff Natural Product Solutions, LLC (“NPS”) filed an action against Defendant Vitaquest International, LLC (“Vitaquest”) alleging breach of contract and...

 

HTMLThe Pennsylvania Supreme Court Rules On Tincher v. Omega Flex
Kenneth T. Newman; Thomas, Thomas & Hafer LLP;
Legal Alert/Article
December 19, 2014, previously published on November 21, 2014
On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex late Wednesday, November 19. In a 137-page opinion by Chief Justice Castille, the Supreme Court overruled its prior, problematic decision in Azzarello v. Black Brothers, 391 A.2d 1020 (Pa....

 

HTMLNew Legislation Places Limits on Physician- Dispensed Prescription Drugs
A. Catherine McLaughlin; Thomas, Thomas & Hafer LLP;
Legal Alert/Article
December 19, 2014, previously published on December 1, 2014
In the Pennsylvania workers’ compensation system, it has become more and more common for physicians to dispense prescription drugs directly to patients, bypassing pharmacies. This is a profitable enterprise for physicians because the doctors can set their own prices on the prescriptions. New...

 


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