Appellate Law - Representative Cases
Ms. Gardner's representative cases include:
White v. Simard, 152 Md. App. 229, 831 A.2d 517 (Md. App. 2003) (successful appeal resulting in new law establishing that a defaulting purchaser at a foreclosure sale may contract away his common-law entitlement to surplus proceeds resulting from the resale of foreclosed property)
Falls Gable Condominium v. The Gables Development Co., No. 1957 (Md. App. 2003) (successful defense of appeal resulting in affirmance of trial court’s summary judgment for condominium developer and general contractor based on application of Maryland’s "economic loss" rule)
McIver v. Old Kent Mortgage Services, Inc., No 1401 (Md. App. 2003) (successful defense of appeal resulting in affirmance of trial court’s denial of defaulting mortgagor’s motion to revise judgment awarding possession of foreclosed home to purchaser at foreclosure sale)
Udoh v. Knight Protective Services, No. 98-CV-1187 (D.C. 2002) (successful defense of appeal resulting of affirmance of summary judgment in favor of employer in action for alleged wrongful termination of employment)
STI Processed Ash, LLC v. Maryland State Department of Assessments and Taxation, No. Z05217773 (Md. 2001) (successful appeal resulting in reversal of administrative denial of personal property tax exemption on multi-million-dollar manufacturing equipment used to process raw coal ash, a waste product, into commercially saleable pozzolan)
Wankel v. A & B Contractors, Inc., 127 Md. 128, 732 A.2d 333 (Md. App. 1999) (successful defense of appeal resulting in affirmance of trial court’s summary judgment for land developer and general contractor in "exploding house" litigation: appellate court agreed that, as a matter of law, allegedly negligent act of pounding a wooden stake into ground over natural gas line did not proximately cause gas explosion of plaintiffs’ adjacent home)
Bengtson v. Centers for the Handicapped, No 685 (Md. App.), cert. denied, 342 Md. 115 (Md. 1996) (successful defense of appeal and affirmance of $770,000.00 judgment on jury verdict against defendant for negligent supervision resulting in sexual molestation of child).
Araiza v. Roskowinski-Droneburg, 341 Md. 314, 670 A.2d 466 (Md. 1996) (on grant of certiorari by Maryland’s highest court, successful defense of appeal affirming that:1) trial court did not abuse its discretion when quashing subpoena by which defendant-physicians sought documents; and 2) plaintiff’s pre-laparoscopy medical records were properly excluded from evidence at medical malpractice trial).
Romero v. United States, 954 F.2d 223 (4th Cir. 1992) (successful appeal of dismissal of federal tort claim to recover for injuries child suffered due to allegedly negligent prenatal care rendered to active-duty servicewoman by military personnel. In the first ruling of its kind from any federal circuit, the Fourth Circuit held that the Feres doctrine did not bar the child’s claim (or the parents’ claim on behalf of the child) even though the mother’s claim for her own injuries was Feres-barred).
Smith v. United States, 885 F.2d 650 (9th Cir. 1991), reversed by United States v. Smith, 499 U.S. 160 (1991) (successful appeal of trial court’s dismissal of military medical malpractice claim. Reversing the trial court, the United States Court of Appeal for the Ninth Circuit held that federal statutes did not immunize a military physician serving abroad from suits for medical malpractice. The government further appealed this case to the United States Supreme Court, which reversed based on its interpretation of Congressional legislation enacted after the medical care at issue was provided).
Graham v. United States, 753 F. Supp. 994 (D. Maine 1990) (successfully obtained federal district court’s denial of government’s motion to dismiss federal tort claim for injuries a child suffered due to military medical care rendered to his active-duty mother: in a novel ruling, court held that the Feres doctrine did not bar child’s claim for his own injuries)
Newman v. Soballe, 871 F.2d 969 (11th Cir. 1989) (successful appeal of dismissal of malpractice claim against individual military physician for lack of subject matter jurisdiction. The Eleventh Circuit held that when a civilian alleges that military personnel stationed abroad committed medical malpractice, the individual military physician is a proper party-defendant to a medical malpractice action. This holding was later called into doubt by the United States Supreme Court in Smith (discussed immediately above), which interpreted Congressional legislation enacted after the occurrence of the malpractice alleged in Newman).
David Sloane, Inc. v. Stanley G. House & Associates, Inc., 311 Md. 36, 532 A.2d 694 (Md. 1987) (on grant of certiorari from Maryland’s highest court, successful defense of appeal of allegedly excessive judgment in favor of advertising agency for breach of contract)
Rose v. Jamaica Nutrition Holdings Limited, 497 A.2d 118 (D.C. 1985) (on appeal, successfully obtained new trial on damages in civil action involving corporate directors who allegedly breached their fiduciary duties by accepting secret commissions)
Mr. Sternstein's representative cases include:
Kenney v. Glickman, 96 F.3d 1118 (8th Cir. 1996) (reversing ruling that Department of Agriculture regulations regarding poultry labeling and adulteration were not reviewable)
Altobelli v. International Business Machines Corp., 77 F.3d 78 (4th Cir. 1996) (establishing ERISA precedent)
Ulmet v. United States, 935 F.2d 280 (Fed. Cir. 1991) (affirming, without reported opinion, judgment below awarding back pay and retirement benefits, despite change of law effected by intervening legislation)
Cohen v. Abensohn, No. 654 (Md. App. argued Dec. 3, 1998) (appellee partnership interests agreed to sell out to appellant client after oral argument but before decision)
Gohari v. Darvish, No. 1033 (Md. App. filed Jun. 8, 1998) (affirming by unreported decision dismissal of action for want of personal jurisdiction)
