Current Case Summaries

Edwin L. Keating, III wins defense verdict in Perrone v. X, D.D.S .
Associate Edwin Keating won a defense verdict in Perrone v. X, D.D.S. The case involved a claim of dental malpractice against a general dentist. Specifically, the allegations of negligence were that the general dentist failed to properly perform an extraction of a wisdom tooth resulting in the Plaintiff's jaw being fractured.

After hearing testimony of the witnesses and reviewing the evidence in the case, the jury concluded that despite the fact that the Plaintiff's jaw had been fractured during the extraction procedure, the dentist had not deviated from the standards of care and returned a defense verdict.

James A. Rothschild successfully enforced non-compete agreement in National Instrument, LLC v. James Braithwaite
Partner James A. Rothschild, representing National Instrument, LLC, successfully enforced his client's non-compete agreement against James Braithwaite, a former employee who sought employment with one of National Instrument's direct competitors. Considering an issue of first impression in Maryland, Judge Kaye A. Allison of the Circuit Court for Baltimore City ruled that a covenant not to compete is among the assets that a successor corporation assumes when two companies merge.

Mr. Braithwaite was a long time employee of National Instrument and, during his employment held significant managerial positions, including Director of Manufacturing and Director of Operations, where he played an important role in designing manufacturer systems and with client relations. National Instrument was originally formed as a corporation, but, subsequent to Braithwaite's signing of his non-compete agreement, merged into a newly formed limited liability company, National Instrument, LLC. Mr. Braithwaite resigned from his employment and announced his intention to take a position with National Instrument's competition. Braithwaite asserted that the LLC was not the entity with which he had signed the non-compete agreement and that the Corporation had improperly transferred a personal services contract without his consent. The Court found that under Maryland's statute governing corporate mergers the covenant not to compete passed to the LLC by operation of law. The Court also ruled that the covenant not to compete, which only prevented Braithwaite from working for National Instrument's direct competitors in North America, was sufficiently narrow in its scope and therefore fully enforceable.

James A. Rothschild and Michael J. Carlson win Defense Verdict in Scheers v. Rite Aid.
After three weeks of trial, partners James A. Rothschild and Michael J. Carlson received a defense verdict in the case of Deborah A. Scheers v. Rite Aid Corporation et al in the Superior Court for Camden County, New Jersey. Bringing suit under New Jersey's Law Against Discrimination, Ms. Scheers, who was employed at Rite Aid's store in Atco, New Jersey, alleged that she had been sexually harassed by her store manager, subjected to retaliation and wrongfully terminated by Rite Aid. Rite Aid obtained judgment on the termination and retaliation claims in advance of trial. The verdict is the second obtained by Mr. Rothschild and Mr. Carlson in a sexual harassment case this year.

In August 2001, Ms. Scheers started working as an assistant manager of Rite Aid’s store in Atco, New Jersey. Ms. Scheers alleged that her store manager started making harassing comments and brushing against her two months later. She testified that her complaints to her district manager went unheeded and that he merely responded that she should punch him in the nose. She claimed that the sexual harassment culminated in an alleged sexual assault on November 28, 2001 in which Ms. Scheers asserted that the manager grabbed her breast as she was walking down a short flight of stairs, causing her to fall and aggravate a back condition. It was undisputed that Ms. Scheers reported the November 28 incident to her district manager in January 2002. Although the store manager denied any harassment, Rite Aid terminated him. Rite Aid denied that any incidents prior to the alleged sexual assault had been reported. Ms. Scheers, who was recently awarded disability benefits by the Social Security Administration, claimed that the fall on the stairs contributed to her disability and sought recovery of over $600,000 in lost wages. Ms. Scheers also alleged significant psychiatric injuries.

During trial, Rite Aid presented evidence that called into question Ms. Scheers' allegations that she was harassed. Ms. Scheers own written statement, which she provided at the time of Rite Aid's internal investigation, only alleged harassment on November 28, 2001. Ms. Scheers’ neuro-surgeon testified that Ms. Scheers admitted to him that the November 28 incident involved a slip on the steps in which a co-worker tried to catch her to break her fall; she never told him that she had been sexually assaulted. Nor did Ms. Scheers tell co-workers or even family members who worked at Rite Aid that she had been harassed. Other evidence, including medical records, inconsistencies in Ms. Scheers' testimony and the lack of corroborating testimony also suggested that Ms. Scheers' claim was filed in retaliation for her October 2002 termination.

At the conclusion of the case, the Court granted judgment to Rite Aid on Plaintiff's claim for economic damages. After hearing testimony from fourteen witnesses, including seven experts, the jury concluded that Ms. Scheers was not harassed by her store manager.

E. Philip Franke and Jonathan Cusson Win Defense Judgment in Powers v. V., M.D.
Partner E. Philip Franke, III and Associate Jonathan A. Cusson obtained judgment in favor of the Defendant at the close of Plaintiff's evidence in a case tried before a jury in the Circuit Court for Cecil County. This was a medical malpractice case wherein Plaintiffs' alleged that the patient died as a result of an allergic reaction. After Plaintiffs attempted to qualify their expert, the defense cross examined the expert and revealed that the expert did not have sufficient expertise to testify as to cause of death. The trial court then granted Defendants' Motion for Judgment.

Matthew Angotti and Jonathan Cusson Win Appeal in Markel v. Lifetime Well Drilling,et.al.
Partner Matthew Angotti and Associate Jonathan A. Cusson win on appeal in Markel v. Lifetime Well Drilling, et al. The case was a declaratory judgment action in which Markel insurance claimed that it did not owe insurance coverage in an underlying tort suit. The underlying case involved a racehorse that escaped onto a highway in Denton, Maryland. The tort Plaintiffs were injured when a tractor trailer hit the horse and claimed the Defendants were liable for the horse's escape. Following a four day trial in the Circuit Court for Caroline County, the jury determined that Markel did owe coverage in the underlying case.

On Appeal, Markel claimed that the trial judge improperly admitted several pieces of evidence and erred in not granting summary judgment in its favor. The Court of Special Appeals agreed with Lifetime Well Drilling that the Trial Court's rulings were correct and affirmed the Verdict.