Litigation & Dispute Resolution

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 a defense verdict on behalf of client seeking to enforce the terms of a promissory note. After a two-day trial, the trier of fact found that the promissory note was a sham and unenforceable. The defense verdict saved the client over $2.4 million in principal and interest payments. The defense verdict was upheld on appeal to the Appellate Court of Maryland in 2018. Michael Arkin, Trustee of the Michael Arkin Revocable Trust v. Alicia Arkin, et al. Circuit Court for Montgomery County, Maryland (Case No. 398535V) (2015, 2018).

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). 

Represented a homebuyer in recovering compensatory damages and attorneys' fees in litigation against sellers who concealed a significant rodent infestation during the property transaction. Success at trial required overcoming the burden of proving the sellers' actual knowledge of material defects, which was accomplished through key testimony from a former tenant who had reported the infestation to the sellers prior to the sale.

Green v. Geico Gen. Ins. Co., 2021 WL 1328560  (Del. Super. Ct. Mar. 24, 2021), aff'd in part, rev'd in part, 2022 WL 1052195 (Del. Apr. 8, 2022).  Successfully defended an automobile insurer in a class action lawsuit challenging the insurer’s use of computerized rules in adjusting no-fault claims by obtaining summary judgment in the lower court on two of three counts and securing reversal of the third count in the Supreme Court of Delaware (sitting en banc).

Represented debt management company in successfully obtaining summary judgment on two occasions against Errors & Omissions insurer, including (i) a ruling that the insurer was required to defend the insured under an E&O policy against a class action lawsuit alleging “wrongful acts” in connection with the insured’s debt management and credit counseling activities; and (ii) a ruling that a subpoena constitutes a “claim” under an E&O policy and that the claim was not barred by an exclusion for claims arising out of the prior class action lawsuit.

Counseled government contractor in fraud claim involving terminated employee.

Defended publicly traded corporation against multi million-dollar consumer tort claim.

Engaged in all aspects of federal and state court litigation practice, including research and analysis, discovery, motions practice and trial.

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.

Obtained summary judgment dismissing lien priority action filed against a real estate developer and noteholder.

Obtained summary judgment dismissing title claim against real estate developer.

Obtained summary judgment in Eastern District of Virginia in favor of commercial landlord against former tenant alleging landlord failed to mitigate damages.

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 construction firm in breach of fiduciary duty case involving former business partner.

Represented numerous property owners in title disputes in Washington, D.C. and Maryland.

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

Represented renewable energy company in breach of contract action against defaulted subcontractor.

Routinely advise and represent manufacturers, suppliers and franchisors in variety of industries in the context of franchise and dealer termination disputes under applicable state and federal laws.

Defended an international manufacturer in FMLA employment litigation in the United States District Court of the Western District of Virginia. Obtained a favorable settlement for the client.

Successfully dissociated managing member of limited liability company in Fairfax County Circuit Court due to willful and persistent material breaches of the company’s operating agreement in a lawsuit brought on behalf of a minority member.

Obtained summary judgment and significant monetary judgment in favor of client in breach of software license agreement lawsuit in the United States District Court for the Eastern District of Virginia. Negotiated favorable settlement of breach of software license agreement lawsuit for a client in Loudoun County Circuit Court.

Successfully negotiated a favorable settlement for our client, a government contractor, in prime contractor/ subcontractor mediation involving business torts and breach of contract.

Obtained complete defense judgment in favor of client in real estate litigation involving home owner’s association easement dispute in Fairfax County Circuit Court. Successfully defended on appeal to the Virginia Supreme Court.

Represented international industrial manufacturer in trademark infringement and false designation of origin litigation under the Lanham Act in the United States District Court for the Northern District of Ohio. Obtained permanent injunction and favorable settlement for the client.

Obtained multi-million dollar judgment for high net worth individual client in breach of settlement agreement fiduciary litigation in Fairfax County Circuit Court. Defended judgment on appeal to the Virginia Supreme Court. Successfully defended client in related guardianship and conservator litigation and prosecuted judgment in related fraudulent conveyance and fraudulent transfer litigation.

Obtained significant monetary judgment, and preliminary and permanent injunctive relief for our title insurer client in defalcation lawsuit in Virginia Beach Circuit Court.

Successfully defended financial institution in breach of contract, fraud, and unjust enrichment lawsuit brought by individual borrower facing foreclosure in Fairfax County Circuit Court. Obtained dismissal of the lawsuit with prejudice.

Successfully defended trustee in breach of fiduciary duty lawsuit filed in Arlington County Circuit Court. The court granted our motion to strike the Plaintiffs’ expert witnesses forcing the Plaintiff to voluntarily dismiss the lawsuit the week before trial.

Successfully represented a land owner of multi-million dollar property adjacent to a public transit station in declaratory judgment and breach of contract arbitration involving ground lease disputes.

Successfully represented government contractor client in LLC buyout dispute in Fairfax County Circuit Court. Defended client against trade secret and computer fraud and abuse claims under DTSA and CFAA in related action in the Eastern District of Virginia. Resolved all lawsuits with favorable settlements for the client.

Represented an international designer, manufacturer and supplier of jewelry in a dispute with the former exclusive franchisee and distributor of our client’s products in certain South American countries.  Matter involved international arbitration proceedings before the Danish Institute of Arbitration (“DIA”), and related civil litigation in the state and federal courts of Florida.

Represented an international supplier of farm equipment against a former employee accused of misappropriating trade secrets and other confidential information in violation of federal and state law, and for violations of the federal Computer Fraud and Abuse Act.

Represented a global manufacturer of power tools against a major United States retailer for breach of a trademark license agreement relating to one of our client’s most important brands.

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.

Defend and prosecute actions involving title disputes with respect to real property located in Washington D.C. and Maryland including issues relating to ownership, lien validity and priority, including cases involving forged deeds, challenges to foreclosure proceedings, easements, improper lis pendens filings, as well as suits to correct deeds and other land records.

Successfully obtained summary judgment in the District of Columbia in favor of lender against the holder of a foreign judgment which claimed that its foreign judgment had priority over the lender’s deed of trust, which would have effectively nullified the lender’s interest in the real property at issue.  The case involved the issue of whether or not the lender was a bona fide purchaser for value or had actual or constructive knowledge of the foreign judgment prior to the loan transaction at issue.  The Court ultimately held that the lender was a bona fide purchaser for value and held no such knowledge of the foreign judgment which would have defeated its bona fide purchaser status.

Successfully defended a lender in Anne Arundel County Circuit Court and on appeal against multiple challenges to the validity of the lender’s right to foreclose on real property. The case involved the issue of whether the lender could properly foreclose under a deed of trust which it had acquired by way of assignment from an originating lender. Challenges to the validity of the assignment were raised by way of exceptions to the foreclosure sale filed by a subsequent lender and a straw purchaser of the property--likely involved in a foreclosure rescue scheme. The Circuit Court rejected those challenges and entered a final order of ratification. A subsequent declaratory judgment action brought by the losing parties in their attempt to raise the same challenges to the lender’s right to foreclose was later dismissed based upon principles of res judicata. The judgments entered in both the foreclosure action and the declaratory judgment action were affirmed by the Court of Special Appeals.

Successfully defended a property owner in a dispute in Queen Anne’s County Circuit Court against multiple neighbors claiming easement rights over client’s property to access beach area on the eastern shore of the Chesapeake Bay.  The case raised the novel issue of whether the neighbors had an implied easement based on a Subdivision Plat recorded in 1952, which the Court ultimately rejected.  The Court also rejected alternative claims made by the neighbors that they held prescriptive easements based upon their prior alleged use of the property at issue.

Conducted an internal investigation of a global company regarding certain tax practices in over 70 countries and resolved related issues with all foreign jurisdictions.

Conducted an internal investigation of a global company regarding certain state tax discrepancies and resolved related issues with regulatory authorities.

Defended a multi-family housing landlord in Baltimore City Circuit Court in a 40+ plaintiff personal injury and constitutional rights litigation related to allegations that the landlord’s security guards were harassing residents and that the guards were allegedly abusing their “Special Police” powers.

Conducted an internal investigation for a global business advisory firm stemming from a whistle-blower complaint regarding financial issues.

Represented a healthcare company in Department of Justice’s investigation of alleged False Claims Act and Anti-Kickback Statute violations.

Conducted an internal investigation of an insurance company regarding certain investment issues and resolved related issues with several state regulatory authorities.

Served as counsel to former Secretary of Defense William S. Cohen in connection with his independent review of the U.S. Environmental Protection Agency’s regulatory processes surrounding potential mining development in Bristol Bay, Alaska.

Routinely draft antitrust compliance policies and provide antitrust guidance on pricing and distribution practices in accordance with federal and state antitrust laws.

We represented a Baltimore-based financial publishing company when one of its employees forged his boss’ signatures to use the company credit card to finance millions of dollars of personal expenses. We have referred the case to federal law enforcement and are assisting the client in all aspects of the investigation with the authorities.