Semmes Law Updates

Fourth Circuit reverses District Court in case alleging ineffective assistance of counsel, finds that court imposed too high of a standard for prejudice when it required Appellant to show that the result of the case would have been different but for counsel’s omission. The Fourth Circuit decides in favor of the Appellant on the grounds that the omission was likely to produce a different result.

Maryland Court of Special Appeals finds that insurer must defend Rams Head in action alleging violation of privacy, but finds no duty to defend general manager in who plead guilty to violating privacy statute. Through its analysis, the Court provides a thorough discussion of how Maryland courts are to construe insurance contracts.

North Carolina appeals denial of motion to dismiss copyright infringement claims The Fourth Circuit found that the defense of sovereign immunity was applicable because the complaint against North Carolina contained insufficient evidence to establish that the state had expressly consented to suit in federal court.

Defendant objected to the admissibility of bank statements and video surveillance of an ATM on the grounds that this evidence was hearsay and lacked the requisite authentication. In ruling that both pieces of evidence are admissible, the Court of Appeals provides a thorough discussion of the scope of the Maryland Rules of Evidence.

The Fourth Circuit affirms grant of summary judgment to GBMC finding that plaintiff had failed to establish that GBMC failed to pay after GBMC delayed in satisfying a medical malpractice judgment against it.

The Maryland Court of Appeals reverses grant of summary judgment to Montgomery County in Workers’ Compensation dispute, finding that a reasonable fact-finder could conclude that the circumstances leading to claimant’s injury were sufficiently work-related.