MOODK ATTORNEY OBTAINS DISMISSAL IN REAL ESTATE ACTION UNDER REAL ESTATE SELLER’S DISCLOSURE ACT

Marks O’Neill attorney Erica Johnson, Esquire represented Re/Max and a real estate agent in a failure to disclose action.  Specifically, Plaintiff sued claiming negligence and respondeat superior for failure to disclose defects at the time of the sale resulting in monetary damages due to work that was required on the house after purchase.  

Erica filed Preliminary Objections arguing that Plaintiff’s claims were legally insufficient and that the claims were not permitted under the Real Estate Seller’s disclosure Law. 

The Court sustained the preliminary objections and dismissed all claims against Re/Max and the real estate agent with prejudice.

 

MOODK’s Products Liability Defense Verdict upheld in U.S. Court of Appeals for the Third Circuit

Daniel Bentz, managing partner in the Pittsburgh office, recently obtained a favorable ruling from the United States Court of Appeals for the Third Circuit, upholding the defense verdict obtained at the trial level. This was a complex products liability case in which our client was accused of manufacturing defective specialty seats used in the locomotive industry.

After a nine-day trial, the jury returned a verdict in favor of our client. The Plaintiff appealed the verdict, claiming the jury’s verdict was inconsistent, which could not be reconciled, and demanded a new trial on all the issues.

The Third Circuit disagreed with this and affirmed the defense verdict.

 

Richard Ochran Jr. Named to the National Black Lawyers “Top 40 Under 40” List

Richard Ochran Jr., an associate in MOODK’s Casualty, Construction Accident/Construction Defect and Professional Liability groups, has been named as a “Top 40 Under 40” attorney in Maryland byThe National Black Lawyers, a commendation given to an exclusive group of lawyers for their exceptional skills and qualifications in the field.  Richard was selected to the joint the prestigious group after a rigorous nomination and vetting process, which includes peer nominations combined with third-party research.

According to the NBL web site, the National Black Lawyers is an elite network of legal experts whom selects highly successful and influential lawyers with reputations for providing excellent legal representation in their respective practice areas. The NBL recognizes and promotes the present contributions of African American lawyers and connects lawyers, locally and nationally, to share their knowledge with other members.

Recognition by this educational and networking organization highlights Richard’s professional accomplishments, leadership skills and dedication to diversity.  Ochran is admitted to practice in various federal and state courts in Maryland and Washington, D.C.

Summary Judgment Granted in Two Delaware Asbestos Cases

Marks, O’Neill’s Delaware office obtained favorable summary judgment rulings in two asbestos matters pending in the Superior Court of the State of Delaware, New Castle County. The motions were presented by Eileen Ford, Esquire with significant and substantial drafting assistance from Riley MacGray, Esquire.   

In both matters, Plaintiffs alleged exposure to asbestos from their time serving in the US Navy. Summary judgment motions were filed on the basis that there was insufficient product identification to meet the initial element of Maritime law, namely that the plaintiff was exposed to a product manufactured by the defendant (i.e. Lindstrom factors). Plaintiffs opposed both motions on the basis that the record contained adequate evidence of Plaintiffs’ work with and/or around the defendants products, however, spent the majority of their oppositions arguing that pursuant to Air & Liquid Sys. Corp v. DeVries, the 2019 United States Supreme Court ruling, the duty to warn factors are primary factors to be considered, before the Lindstrom product nexus and substantial factor requirements are addressed.  The Superior Court Judge disagreed and ruled that it did not need to reach the DeVries analysis because there is insufficient evidence that Plaintiff met  the first element of Lindstrom (i.e. no evidence of exposure to defendants product).

Despite Second Bite at the Apple, Legal Malpractice Claims Remain Dismissed Now With Prejudice

Sean Kelly and Melissa Brown of Marks O’Neill’s New Jersey office were successful in obtaining dismissal of legal malpractice claims arising from our client’s representation of the plaintiff in complex commercial litigation.  Following that ruling, Plaintiff filed an amended complaint seeking to cure the causation deficiencies recognized by the District Court between our client’s representation and the alleged damages.  The Amended Complaint sought damages in excess of $50 million dollars.  We sought dismissal of the Amended Complaint arguing that Plaintiff’s claim that a court would have ruled differently but for the alleged negligence of our client failed to establish a proximate causal relationship.  The District Court agreed and dismissed the Amended Complaint with prejudice.