Ellen Lipton Hollander

The case involved two appeals by debtor Luciano Prologo from bankruptcy court orders in his Chapter 13 proceeding and a related adversary action against Flagstar Bank concerning the validity and enforceability of a deed of trust on his property and an alleged violation of the automatic stay by recording the lien. After the bankruptcy case was converted to Chapter 11, the district court dismissed both appeals as moot. Alternatively, the court ruled that the underlying bankruptcy court orders were not final appealable orders under bankruptcy appellate rules and that leave for interlocutory appeal was unwarranted, providing an independent ground for dismissal without prejudice.

procedurepropertybusiness & regulatory

In this case, Joette Paulone, who is deaf, sued Frederick County and the State of Maryland under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, along with a common-law negligent training claim, alleging failure to provide sign language interpreters or other accommodations during her post-arrest detention at the county detention center, her initial appearance before a district court commissioner, and required probation activities such as alcohol education classes and a victim impact panel following her DWI conviction. The parties filed cross-motions for summary judgment. The court granted the County's motion in full and granted in part and denied in part the motions filed by Paulone and the State, resolving issues of liability for the various defendants and the extent of any required accommodations or resulting damages based on the specific facts of the communications and services provided.

civil rightscriminal lawprocedure

In Respess v. Travelers Cas. & Sur. Co. of America, the plaintiff sued workers' compensation insurers for intentional infliction of emotional distress, gross negligence, and wrongful death, alleging that their refusal to authorize 24-hour supervised care for his wife—who suffered psychiatric conditions from a 1987 workplace assault—led to her suicide in 2008. The U.S. District Court for the District of Maryland granted the defendants' motion to dismiss the complaint without prejudice and allowed the plaintiffs 20 days to amend. The court's reasoning centered on the exclusivity provisions of Maryland's Workers' Compensation Act, which provide the sole remedy for claims arising from employment-related injuries and bar independent tort actions against employers or their insurers for decisions made in administering benefits under the Act.

labor & employmenttorts & liability

This case involves a breach of contract claim under admiralty jurisdiction, in which Baltimore Line Handling Company sued Shannon Brophy individually for $119,475 in unpaid line handling services provided at a marine terminal from 2006 to 2009. After Brophy failed to respond and default was entered, the court considered the plaintiff's motion for default judgment. The court denied the motion without prejudice, adopting a magistrate judge's recommendation, because the complaint and supporting materials did not adequately allege facts showing that Brophy was personally liable rather than acting through corporate entities like Patriot Lines or Vessel Operations, nor did they support piercing the corporate veil or apportioning liability between Brophy and her late father. The court also partially granted a sanctions motion related to Brophy's refusal to answer deposition questions.

business & regulatoryprocedure