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General Business

Aug 10, 2017

MCC MILLWORK INC., ET AL, v. SLOCUM ADHESIVES CORP., ET AL.

Torts — Negligence — Genuine dispute of material fact This appeal arises out of a decision by the Circuit Court for Montgomery County granting summary judgment in favor of Slocum Adhesives Corporation (“Slocum”) and Professional Finishes, Inc. (“Professional”), appellees, and against MCC Millwork & Cabinet Corporation, The Cabinet Shop, Inc., Van-Walker Woodworking, Inc., I[...]

May 25, 2017

PROEXPRESS DISTRIBUTORS LLC v. GRAND ELECTRONICS, INC.

Business law — Trade secrets — Misappropriation Appellant, ProExpress Distributors LLC (PED), an online seller of electronic products (including tablet computers) on Amazon.com, filed on 18 September 2014 in the Circuit Court for Montgomery County a civil complaint alleging a trade secrets violation by Appellee, Grand Electronics, Inc. (GE), another retailer of similar products on [&he[...]

Mar 3, 2017

CRISTAL USA INC., v. XL SPECIALTY INSURANCE COMPANY

Contracts — Insurance coverage — Prior acts exclusion On May 15, 2007, Millennium Inorganic Chemicals (“Millennium”), a producer of titanium dioxide, was acquired by the National Titanium Dioxide Co. Ltd (“Cristal Arabia”), a Saudi Arabian company. Before completing the acquisition, Cristal Arabia formed Cristal Inorganic Chemicals, Ltd. (“CIC Ltd.”) and Cristal Inorganic C[...]

Jan 31, 2017

MARYLAND OFFICE OF PEOPLE’S COUNSEL, ET AL. v. MARYLAND PUBLIC SERVICE COMMISSION, ET AL.

Administrative law — Grant of application for cash-for-stock buy — Arbitrary or capricious In this administrative appeal, we are asked to decide whether the Maryland Public Service Commission (“the Commission”) clearly erred, acted arbitrarily or capriciously, or erred as a matter of law by granting, with conditions, an application by the Exelon Corporation (“Exelon”), Pepco [&[...]

Jan 26, 2017

B&S INC. ET AL. v. TC SHOPPING CENTER, LP, ET AL.

Contracts — Arbitration — Arbitrator exceeds authority Having substantially prevailed in a complex commercial arbitration proceeding, B&S, Inc. and B&S 1983 (collectively “B&S”) filed a petition to confirm that award in the Circuit Court for Queen Anne’s County. The circuit court declined to do so, corrected one portion of the award and vacated another. B&S [&hell[...]

Dec 12, 2016

NORTHWAY IMPROVEMENT CORPORATION, ET AL. v. VARSITY AT HOPKINS GP, LLC, ET AL.

Contracts — Negative defense of capacity to sue — Waiver This appeal arises from a dispute between partners to a Maryland limited partnership known as H.B. Northway Limited Partnership (“the Partnership”). At the time of the judgment in this case, the appellants, the Blonder Group, and appellees, the Potomac Group, were fifty-fifty partners1 in the […]

Oct 7, 2016

YOUNG ELECTRICAL CONTRACTORS, INC. v. DUSTIN CONSTRUCTION, INC

Contracts — Pay-when-paid clause — Validity Appellant, Young Electrical Contractors, Inc. (“Young”), entered into a subcontractor agreement with appellee, Dustin Construction, Inc. (“Dustin”) to perform all required electrical work for a prime contract Dustin entered into with George Mason University in Virginia. Due to a number of delays in the project, Young was unable to [&h[...]

Aug 23, 2016

TIFFANI BOUDREAUX, ET AL. v. MICROS SYSTEMS, INC., ET AL.

Corporate law — Breach of fiduciary duty — Presumption of good faith On June 23, 2014, MICROS Systems, Inc. (“MICROS”), a Maryland corporation headquartered in Columbia, Maryland, announced that it had entered into an Agreement and Plan of Merger (“Merger Agreement”) to be acquired by Oracle Corporation (“Oracle”) in a $5.3 billion all-cash tender offer […]

Aug 4, 2016

CANOPIUS US INSURANCE, INC. f/k/a OMEGA US INSURANCE, INC. v. RN’G CONSTRUCTION, INC., ET AL.

Insurance law — Commercial general liability policy — “Mobile equipment” On July 14, 2010, employees of RN’G Construction, Inc. (“RN’G”) were using a truck with a permanently mounted power crane (“the subject vehicle”) to install a road sign on Interstate 70 in Washington County, Maryland. As the power crane lifted several steel beams, the beams […]

Jul 19, 2016

RICHARD E. HAGERTY, SUBSTITUTE TRUSTEE v. V. CHARLES DONNELLY

Real property — Foreclosure — Interlocutory appeal This interlocutory appeal arises from the Circuit Court for Calvert County’s grant of a Motion for Court to Appoint Counsel in a foreclosure proceeding. The lawsuit began when the appellant, LSCG Fund 11, LLC (“LSCG”), holder of a Promissory Note (“Note”) on a piece of real property (“Property”), […]

Jun 16, 2016

DAVID LEE POSEY, ET AL. v. SCOTT FRIEDMAN

Corporate law — Corporate veil — Sufficient evidence to pierce Appellants, David Lee Posey and Tobin Doyle, appeal from a judgment of the Circuit Court for Montgomery County, the Honorable Ronald B. Rubin presiding, in favor of Scott Friedman. Appellants raise four issues, which we have consolidated and reworded: 1. Did the court err in […]

Jun 9, 2016

MALONE INVESTMENTS, LLC v. SOMERSET COUNTY SANITARY DISTRICT, INC.

Appellate procedure — Law of the case — Clear error leading to manifest injustice This is the second appeal in an ongoing dispute between Malone Investments, LLC, appellant, and the Somerset County Sanitary District, Inc. Malone is a Maryland limited liability company that desires to build residences on a parcel of land it owns in […]

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