Winter 2014
Chris Dunn Wins Case of First Impression In Court Of Appeals, Protecting Commercial Retailers Rights
By Erin H. Cancienne
In BJ’s Wholesale Club v. Rosen, Case No. 99, (November 2013), the Court of Appeals of Maryland was asked to consider the enforceability of an agreement executed by a parent on behalf of his minor son, permitting his son’s use of a free supervised play area called the “Incredible Kids’ Club”…
Recent Developments - Maryland
Butler v. S & S Partnership
Plaintiff filed suit against several Defendants to recover for alleged injuries from childhood exposure to lead-based paint while living in Baltimore City. Plaintiff designated a number of experts and also hired an environmental company to test certain residences where Plaintiff had lived as a child for lead-based paint. No notice…
American Bank Holdings, Inc. v. Kavanagh, et al.
Plaintiffs, former employees, filed a Complaint for Accounting against their former employer, contending that upon terminating their contracts of employment they were to receive certain funds from a loss reserve fund. Defendant, in its Answer, asserted that the court lacked jurisdiction because Plaintiffs’ claims were subject to mandatory arbitration. Defendant…
Espina, et al. v. Prince George’s County, et al.
Plaintiffs, Decedent’s Wife, Son, and Estate, filed suit against Prince George’s County and an off-duty Prince George’s County Police Officer after Decedent was killed following a physical altercation with the Officer which concluded in the Officer firing his service weapon at the Decedent, and ultimately causing his death. A jury…
Recent Developments - Virginia
The Doctors Company v. Women’s Healthcare Associates
Defendant’s insurance company filed a declaratory judgment action to determine whether its coverage of defendant-policyholder applied to plaintiff’s pending breach of contract claim. Plaintiff-patient and defendant-practice group entered into a service contract which provided that defendant would “participate in the Virginia Birth-Related Neurological Injury Compensation Program…and inform [plaintiff] if they…
Commonwealth of Virginia v. Peterson
The administrators of the estates of two murder victims of the mass shooting at Virginia Tech filed wrongful death suits against the Commonwealth. In their suits plaintiffs alleged that a special relationship existed between the plaintiffs and the University, which gave rise to a duty to warn them of third…
Simpson v. Roberts
In Simpson v. Roberts, plaintiff received a $7 million jury verdict for injuries sustained in utero due to an unsuccessful amniocentesis. During post trial motions, defendant argued that plaintiff’s claim fell under the Virginia Medical Malpractice Act and therefore damages should be reduced pursuant to the statutory cap. Plaintiff contended that…
Recent Developments - District of Columbia
Mitchell v. District of Columbia, et al.
Plaintiff filed, among other claims, a claim for negligent training and supervision arising from a traffic accident where a police car hit a pedestrian. Defendants filed a Motion for Summary Judgment based upon Plaintiff’s failure to designate an expert to testify and establish the applicable standard of care. The D.C.…
Worldwide Travel Incorporated, et al. v. Travelmate US, Inc., et al.
The United States District Court for the District of Columbia was faced with the issue of determining whether a Defendant’s solicitation of business with the District of Columbia and a contract with a business based in the District of Columbia were sufficient contacts to establish personal jurisdiction under the District…
Doe v. De Amigos, LLC d/b/a Spot Lounge, et al.
Plaintiff filed suit against various Defendants, including De Amigos, LLC, the operator of Spot Lounge, D.C. arising from an alleged sexual assault. One of Plaintiff’s claims against De Amigos, LLC was for reckless and willful disregard based upon De Amigos, LLC’s alleged failure to check Plaintiff’s identification, providing or selling…
About the Firm
About the Firm
Jerry Ueckermann joins us as a Senior Associate assigned to the Commercial Litigation and Employment Law practice group where he primarily handles insurance defense, personal injury litigation, and insurance coverage. He is an experienced trial attorney who is a member of the Maryland, Virginia and New Jersey Bars and practices before…