Depositions
700-815 Daniel J. Barufaldi v.
Ocean City, Maryland Chamber of Commerce, Inc.
Philip B. Zipin (301) 587-9373 Julie Glass Martin-Korb (301) 775-6688 Employment Law
Te Honorable Tomas C. Groton, III Circuit Court for Worchester County
Appellant, Mr. Barufaldi, was hired by Appellee in the
fall of 2005 to be Executive Director. Te parties entered into a three-year term employment contract which provided that the Chamber would pay Mr. Barufaldi, as part of his compensation, a non-discretionary bonus calculated each quarter as a percentage of net revenue increase over an agreed-upon historical base line to be established within 60 days of here. Despite repeated attempts to officially establish the contractual terms, no agreement was made. No bonus payments were made. Approximately one year after he began work, Mr. Barufaldi was offered a new contract with less favorable terms. Te new contract did not include a bonus. Mr. Barufaldi ultimately resigned and brought suit for breach of contract.
Te question on appeal is whether the trial
court erred by outright denying an award of the employee’s attorney’s fees and costs under the Maryland Wage Payment & Collection Law § 3-507.1(b), where the jury rendered a special verdict finding that the employer’s failure to pay wages was not the result of a bona fide dispute.
701-01253 Maryland-National Capital Park and Planning Commission v.
Michelle Latimer
Marc P. Hansen (240) 777-6700 Personal Injury/Slip and Fall
Te Honorable Toni E. Clarke Circuit Court for Prince George’s County
60 Trial Reporter / Winter 2011 Tis case arises out of a slip and fall on a patch of “black
ice” as Appellee was walking on the sidewalk outside of the Prince George’s County Sport and Learning Complex. Appellee filed a four count complaint. Appellants assert that no dispute of material facts exists and that Appellee assumed the risk of her injuries as a matter of law. Appellants Motion for Summary Judgment was denied. Te case went to trial. Te jury found for the Plaintiff/Appellee. Te question on appeal is whether the Appellee assumed the risk of her injury when she failed to take any precaution for her own safety even though she had knowledge and prior understanding that black ice may have been present given the surrounding circumstances and the weather conditions at the time she fell.
702-01253 David Hoffman, et ux. v. Tauro, I.C.S.A.
Bryon S. Bereano (301) 952-0100 Contract Law
Te Honorable C. Clarke Raley Circuit Court for St. Mary’s County
Tis case arises out of a breach of contract claim. Appellee
filed a three count complaint against Appellants stemming from an internet transaction whereby Appellee attempted to buy machine equipment and goods from the Appellants. In November 2008, a purported settlement was reached on this Complaint in the form of a confessed judgment note. Te Appellants contend that they never agreed to the settlement agreement nor did they ever sign the confessed judgment note. Te note appears to contain the signature of their previous attorney signing for them. Upon learning of the note, Appellants filed a Motion to Open or Vacate Confessed Judgment. Te Motion was denied by the Circuit Court and the instant appeal was filed.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68