Marc Sposato, Esquire of MOODK’s Delaware Office, successfully argued before the Supreme Court of Delaware to uphold the dismissal of legal malpractice claims against their clients. Plaintiffs appealed a dismissal by the trial court of legal malpractice claims filed against their former attorneys, including MOODK’s clients, arising out of an underlying class action matter. The Delaware Supreme Court affirmed the trial court’s dismissal of plaintiffs’ claims holding that plaintiffs were collaterally estopped from alleging they received inadequate representation in the class action case. 

Marc Sposato, Esquire of MOODK’s Delaware Office obtained a Final Determination from The State of Delaware Department of Labor that there was no reasonable cause to believe an unlawful employment practice had occurred. The claimant alleged she was discriminated against by MOODK’s client, a trucking company, on the basis of sex for making her operate a dump truck on a site that did not have bathroom accommodations for females and that she was harassed. MOODK presented evidence and a position statement outlining that the bathroom facilities were adequate for both genders and documenting that the claimed harassment was simply instruction. The Delaware Department of Labor agreed with MOODK’s position finding there was no reasonable cause to believe an unlawful employment practice had occurred, and dismissed the action. 

Roger R. Munn, Esq. and Bradley S. Clark, Esq. of MOODK’s Maryland Office successfully defeated a Plaintiff motion for summary judgment in a wrongful death case stemming from a shooting at a concert over Labor Day Weekend, 2024. Mr. Clark argued the motion, pointing out to the court that several key facts material to the Plaintiffs’ argument were hotly contested and noting that summary judgment is not appropriate in cases where material facts are in dispute. Plaintiffs argued that the decedent was and business invitee and that MOODK’s client therefore owed him a duty to prevent the shooting. Mr. Clark meticulously dissected the characteristics of invitees, licensees, and trespassers, then applied the facts of the case to those criteria to show the court that the decedent was a trespasser. After hearing nearly two hours of argument, the court denied Plaintiffs’ motion on the grounds that MOODK’s attorneys had shown a clear dispute of material fact that precluded summary judgment.