Filed: September 20, 2023   Opinion by: J. Rubin   Holding: the Court held that the relationship between the subsidiary and parent corporation, which included filing consolidated tax returns, having the same directors elected to both boards, and a trademark license issued by the parent to the subsidiary, was insufficient to establish personal jurisdiction over the parent corporation under Maryland’s long-arm statute. Facts: The Plaintiff, National Fire & Marine Insurance Company, as subrogee of Manticorp LLC, brought this action following a fire at a commercial property leased by ..read more

  Filed: February 7, 2023 Opinion by: Friedman, J. Holding: A dismissed permissive counter-claim cannot be barred by the doctrine of res judicata when subsequently filed by the former defendant in a subsequent lawsuit against the former plaintiff. Facts: The dispute originated when homeowners James Summers and Dr. Steven Snyder contracted Beltway Builders, Inc. for home remodeling. A disagreement arose over the performance, leading Beltway to sue for breach of contract and unjust enrichment, while the homeowners filed a late counterclaim for breach of contract. Beltway then filed a motion ..read more

 Tapestry, Inc. v. Factory Mutual Insurance Company (Supreme Court of Maryland) Filed: December 15, 2022 Opinion by: Chief Justice M. Fader Holding: The Supreme Court of Maryland held that a retailer’s all-risk property insurance policy, that provided coverage for all risks of physical loss or damage to the insured premises, did not cover the retailer’s losses due to the COVID-19 Pandemic as insured premises did not suffer any tangible, concrete, and material harm. The Supreme Court of Maryland answered the certified question of law for the United States District Court for the Distri ..read more

 Filed: December 1, 2022 Opinion by: J. Watts Holding: The court held that the question of whether an arbitration agreement existed between Respondents and Petitioner factoring companies that purchased certain structured settlement agreements concerning lead paint poisoning was not a question to be decided by the arbitrator.   Facts: Structured settlement agreements are regulated by statute under Maryland law and generally require that such agreements are approved by a court after the payee receives independent advice as to the arrangement. Md. Courts & Jud. Proc. Code Ann. §§ 5 ..read more

 Filed: June 10, 2022 Opinion by: J. Bredar Holding: The court held that the arbitration provision within the employment agreement between Plaintiff James D. Brown and Defendant Brown’s Maryland Motors, Inc. was enforceable as to Plaintiff under Maryland law.   Facts: Plaintiff was a department manager of Defendant’s car dealership. In 2015, Plaintiff signed an employment agreement that contained a broad arbitration agreement clause, and was subsequently terminated in 2019 from his employment for allegedly raising complaints about ongoing sexual harassment of several employees by a s ..read more

 Filed: March 31, 2022 Opinion by: J. Leahy Holding: The court held Appellee Heather Kenney’s claims before the Commission on Common Ownership Communities for Montgomery County (“CCOC”) sufficiently alleged that the Board of Appellant Cherington Condominium Association violated the business judgment rule by potentially entering into an interested transaction, which required a showing that the Board’s decision was fair and reasonable to the Association. Facts: Appellee is a resident of one of the twelve, “garden-style” units within the Appellant condominium development. The remaining eight ..read more

Filed: June 29, 2022 Holding: A Maryland statute that allowed certain beer, wine, and liquor license holders in a certain area of a legislative district to exchange their licenses for other licenses under certain circumstances and restricted the hours of operation for certain licensees in a separate area of the same legislative district did not violate the one subject requirement in Article III, § 29 of the Maryland Constitution and was not shown to violate equal protection as guaranteed by the Fourteenth Amendment to the United States Constitution and Article 24 of the Maryland ..read more

Filed: July 29, 2022 Opinion: Michael W. Reed Holding: The trial court erred in finding that there was no enforceable contract because there was insufficient consideration, as the appellant might recover under his claim for detrimental reliance depending on the version of events found credible. The trial court also erred in finding appellee did not breach his fiduciary duty to appellant because he was not appellant’s exclusive agent for the purpose of claiming the horse named Hydra, as appellee was appellant’s agent, owed appellant a fiduciary duty, and could not serve as agency for more than ..read more

GPL Enterprise, LLC v. Certain Underwriters at Lloyd’s, et al. (Court of Special Appeals) Filed: May 24, 2022 Opinion by: Judge J. Arthur Holding:  The Court of Special Appeals held that a restaurant’s commercial property insurance policy that provided coverage for direct physical loss of or damage to the restaurant, including business interruption coverage, did not cover the restaurant’s losses due to the COVID-19 Pandemic and the Governor of Maryland emergency order that prohibited in-person dining. The Court of Special Appeals remanded the case to the circuit court as it failed to ..read more

Filed: December 15, 2021 Opinion By: J. Graeff Holding: The Court of Special Appeals affirmed the decision of the in banc Circuit Court, finding that the trial court’s dismissal with prejudice of plaintiff was an abuse of discretion, and granted plaintiff leave to amend his complaint against the defendants. The Court also held that in banc review of a dismissal with prejudice was within the notion of a “trial” under Article IV § 22 of the Maryland Constitution.   Facts: Plaintiff Joseph Balsamo originally filed a lawsuit in 2012 against his co-owner, Defendant John Zor ..read more