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ALVERA McMAHON, et al., v. KATHLEEN BOUCHAL, et al.
Contracts — Breach and unjust enrichment — Offsetting judgments A title agent diverted the proceeds of a refinancing transaction to pay off other claims or potential claims against the borrowers. The agent did so at the express direction of a longtime employee of one of the borrowers, who was himself the owner of a title […]
JOSEPH C. RUDDY, JR. v. ROMMELL G. HOLLINS, SR.
Contracts — Breach — Inconsistent jury verdict Appellant, Joseph C. Ruddy, Jr., Esq., complains that the Circuit Court for Prince George’s County denied wrongly his Motion for a Partial New Trial or a Complete New Trial, which motion was based upon a jury verdict that, to his mind, was irreconcilably inconsistent. Appellant appears to base […]
FORT MYER CONSTRUCTION CORP., et al. v. BANNEKER VENTURES, LLC, et al.
Contracts — Breach — Reprocurement costs Appellee Banneker Ventures, LLC (“Banneker”), as general contractor under a construction contract with Montgomery County Department of Transportation (“MCDOT”) to remove the existing roadway and replace the utilities over a stretch of Dale Drive in Silver Spring, Maryland (the “Project”), entered into a subcontract with Fort Myer Con[...]
KOSSI KLASSOU, et. al., v. ABDOL HOSSEIN EJTEMAI, et. al.
Contracts — Breach — Discovery rule Whether the dismissal with prejudice of an amended complaint filed in January of 2016, by Kossi Klassou and Wintergreen Mobile, Inc. (of which Klassou is seemingly the only officer, shareholder, and director) against Abdol Hossein Ejtemai and Petroleum Marketing Group, Inc., by Judge Cheryl McCally of the Circuit Court […]
OCTAVIUS JONES v. STATE FARM INSURANCE COMPANY
Contracts — Insurance contract — Breach On April 2, 2015 Octavius Jones (“Mr. Jones”) filed suit in the District Court of Maryland for Prince George’s County against State Farm Insurance Company (“State Farm”). Mr. Jones alleged that he was injured in an automobile accident on February 21, 2014 when another motorist negligently collided with his […]
KATHRYN A. MACDONALD v. ERIE INSURANCE GROUP, ET AL.
Civil litigation — Failure to comply with discovery — Sanctions On May 14, 2015, Kathryn MacDonald, appellant, filed a complaint for breach of contract against Erie Insurance Group, et al. (“Erie” or appellee) in the Circuit Court for Howard County. She alleged that Erie, with whom she had a homeowners’ insurance policy, failed to pay […]
SHANNON L. BROWN n/k/a SHANNON L. HAYES v. SANTANDER CONSUMER USA INC. t/a SANTANDER AUTO FINANCE
Contracts — Arbitration provision — Enforceability To finance the purchase of an automobile from Carmax Auto Superstores, Inc., Shannon L. Brown, appellant, entered into a “Retail Installment Contract”, which was ultimately assigned, by Carmax, to Santander Consumer USA Inc., appellee. That contract contained an arbitration provision, the enforceability of which is the crux of this[...]
RICHARD DEUTSCH, et al. v. G&D FURNITURE HOLDINGS, INC., et al
Contracts –Arbitration clause — Petition to compel arbitration This appeal arises from an order granting a Petition to Compel Arbitration for multiple counterclaims pursuant to a Mediation/Arbitration provision in a Stockholders Agreement among Frederick Deutsch (“Frederick”), Norman R. Gilden, G&D Furniture Holdings, Inc. (“G&D”) and several of G&D’s subsidiaries[...]
1909 BEL AIR ROAD, LLC v. F & B BUSINESS TRUST
Real property — Easement — Breach of contract 1909 Bel Air Road, LLC (“1909”), appellant, filed suit in the Circuit Court for Harford County against F&B Business Trust (“F&B”), appellee, alleging that F&B breached its contractual obligation to grant it an easement for access onto Fallston Boulevard. F&B filed a motion to dismiss, asserting that […]
FLORA LIPITZ, et al. v. WILLIAM A. HURWITZ
Real property — Homeowners association — Delivery of disclosures In August 2009, Flora and Roger Lipitz (“the Lipitzes”), as trustees of the Revocable Property Trust of Flora and Roger Lipitz, appellants, entered into a contract with William Hurwitz (“Hurwitz”), appellee, to sell their real property located at 3120 Blendon Road, within the Caves Valley Golf […]
ODELLUS CORPORATION v. CNI PROFESSIONAL SERVICES, LLC
Contracts — Breach — Quasi-contractual claim Odellus Corporation (“Odellus”), a subcontractor, appeals summary judgment in favor of CNI Professional Services, LLC (“CNIPS”), the prime contractor on a federal procurement with the Internal Revenue Service (“IRS”). Odellus alleged that CNIPS breached their contract (and was liable under three quasi-contract theories) because C[...]
FRANK T. SURYAN, JR., v. CSE MORTGAGE, L.L.C. et al
Contracts — Recourse obligation — Attorneys’ fees In the Circuit Court for Montgomery County, CSE Mortgage, LLC, and Capital Source Finance, LLC (collectively, “Capital Source”), the appellee, sued Frank Suryan, the appellant, on his written guaranty of the “Recourse Obligations” of four real estate special purpose limited liability companies (collectively, “the Villa P[...]
