Commercial Litigation

Miles & Stockbridge's trial team represented a major manufacturing client in a complex CERCLA environmental litigation over a Superfund site with cleanup costs estimated to exceed $200 million. The litigation was phased with three separate 5- to 6-week trials over several years. Through strategic legal representation, the team successfully navigated a complex multi-phase trial addressing environmental remediation and liability for multiple parties connected with operations on the industrial site over many decades. The team's efforts resulted in multiple trial victories, including a notable judgment finding that the regulator-selected remedy for the site had to be modified.

Defended a consumer products subsidiary of a global brands company in obtaining dismissal of a toxic-exposure lawsuit in U.S. District Court in Maryland. After the plaintiff filed days before the limitations deadline and waited more than eight months to serve, the team removed the case to federal court and obtained dismissal under the Maryland Rules' 120-day service requirement, with the court finding insufficient good cause for belated service.

Successfully defended a charitable foundation by obtaining dismissal with prejudice of a proposed class action in federal court alleging improper pass-through funding from a pharmaceutical manufacturer. The case is one of six similar actions handled for the foundation across the country, all seeking tens to hundreds of millions of dollars in damages.

Miles & Stockbridge secured dismissal of a personal injury lawsuit against a Fortune 500 facilities services company, successfully arguing that the plaintiff's more than two-year delay in serving the defendants failed to satisfy Maryland's timely service requirements and prejudiced the defendants' ability to mount a defense. The dismissal was obtained in federal court after the team persuaded co-defendants to consent to removal from state court, where the case had originally been filed shortly before the statute of limitations expired.

Defended a national restaurant franchisor in a Maryland circuit court lawsuit filed by a customer alleging the franchisor was vicariously liable for an in-store altercation tied to drive-through operating procedures. Prior to answering the complaint or conducting any discovery, the court granted summary judgment for the franchisor in a thorough bench ruling that has already supported voluntary dismissals in related cases.

Part of a trial team that, after a five-week jury trial, obtained a complete defense verdict on behalf of an international automobile manufacturer alleged to have supplied asbestos-containing automotive brakes that caused plaintiff’s alleged mesothelioma. Convinced the jury that not only did the plaintiff not have mesothelioma, but that even if she did, the client’s products were not the cause of her disease. Harrison, et al. v. Volkswagen Corporation of America, et al., 22nd Judicial Circuit, City of St. Louis (2016). 

Obtained summary judgment on behalf of a manufacturer of swing-away trailer jack after successfully convincing the United States District Court for the District of Maryland that plaintiff’s expert was not qualified to offer expert testimony pursuant to Daubert and the Federal Rules of Evidence. McKerrow v. Buyers Products Co., 2016 WL 1110303 (USDC Maryland 2016).

Obtained summary judgment on behalf of company sued in an alleged vinyl chloride exposure case. Litton, et ux. v. APG, Inc. et al., Circuit Court of Baltimore City, (Case No. 24-C-02-005510 (2003))

Member of trial team in contribution CERCLA liability litigation against 14 companies alleged to have contributed to site contamination in connection with the Centredale Manor Superfund Site in North Providence, Rhode Island. After a six-week trial against four remaining defendants, the court entered a finding of CERCLA liability against all of them.

Obtained summary judgment on behalf of a retailer in a defamation claim after successfully convincing the United States District Court for the District of Maryland that Plaintiff’s claim had no merit. Iheakanwa v. Saks Fifth Avenue, LLC, 2022 WL 3919673 (USDC Maryland 2022). 

The firm has assisted a Maryland-based cannabis company on multiple employment law matters, including policy development, training and employee relations and labor issues. The firm also has represented the company in its acquisition of two dispensaries, certain financing matters, various real estate leasing matters and litigation.

Successfully represented a majority of the owners of a partnership that owns a shopping center in litigation that arose because the minority owner, who also managed the center, misappropriated funds that belonged to the Partnership. The claims asserted by the majority owners of the partnership against the minority owners included breach of contract, constructive fraud, fraudulent concealment, fraudulent misrepresentation, unjust enrichment and civil conspiracy. A favorable settlement was obtained by our clients on the eve of trial.

Successfully represented one of two equal owners of a Maryland partnership in an arbitration proceeding against the other owner. The claims asserted by our client against the other owner were for fraud, constructive fraud, civil conspiracy, conversion, breach of contract and dissolution. We were able to document, with the assistance of a forensic accountant, the theft/diversion of several million dollars from the partnership and obtain just days before the commencement of a month-long arbitration proceeding a multi-million dollar settlement for our client.

Successfully represented Thomas L. Clancy, an international best-selling author. The details are set forth in Clancy v. King, 405 Md. 541, 954 A.2d 1092 (2008).

Counseled government contractor in fraud claim involving terminated employee.

Obtained dismissal of fraud claim against real estate developer.

Obtained summary judgement dismissing breach of contract, fraud and consumer fraud claims against real estate developer.

Obtained summary judgement in Fairfax County Circuit Court in favor of secured lender against borrower claiming verbal amendment to promissory note.

Regularly represent developers, owners, commercial landlords and tenants, REITs, private equity and venture capital groups, builders and management companies in commercial disputes throughout the D.C. metropolitan region.

Represented public utility in complex breach of contract and accounting matter.

Miles & Stockbridge trial lawyers Anthony F. Cavanaugh and Matthew M. May recently obtained complete trial victories for the developer, manager and operator of a 300-acre resort campground property with more than 2,000 individual parcels along the Chesapeake Bay. Sasha E. Hodge-Wren also was an integral part of the litigation team and assisted with trial preparation on these matters. Miles & Stockbridge’s clients own and manage the property on Maryland’s Eastern Shore known as the Indian Acres Club of Chesapeake Bay. Between December 5 and 13, 2019, Cavanaugh and May tried five cases asserting ten causes of action brought by members of the club and purported owners or purchasers of individual properties within the club’s property. The claims related to the parties’ rights and obligations under the club’s restrictive covenants and its governing documents. Cavanaugh and May obtained judgments in favor of the clients in all ten causes of action. The recent judgments will help clarify and guide the interpretation and application of the restrictive covenants and governing documents that control both land use and conduct within the large resort property.

Achieved complete defense verdict for a regional civil engineering firm and its employees in a professional malpractice trial.

Defended a global manufacturing company against numerous claims in a two week arbitration in Washington, D.C., securing a final award millions of dollars lower than sought by the claimant.

We represented a Qatari businessman who was defrauded by his business partner in connection with a business park development in the Middle East. After protracted litigation, we obtained a multi-million dollar judgment in favor of our client.

Represented a contract pharmaceutical manufacturer in dispute with contracting party. After conducting investigation into the facts and circumstances and confronting the other party with our analysis, the disputing party abandoned their claims against our client.

Represented a commercial real estate developer at both trial and on appeal in federal court in a complex dispute involving an early termination provision of a commercial lease.

Represented not-for-profit consortium in response to contract, trade secret and unfair competition claims in Circuit Court for Baltimore City. We achieved successful dismissal of all claims in favor of our client. 

Obtained summary judgment and favorable settlement on behalf of a Fortune 200 truck manufacturer in franchise dispute.