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Court orders arbitration in Maryland wage claim dispute

On behalf of Bromberg Rosenthal LLP posted in Employment Litigation on Thursday, May 16, 2013.

A U.S. appeals court decided that an airport shuttle operator who accused his employer of misclassifying him as an independent contractor, and thus failed to properly pay him, must pursue his claims via arbitration. The man sued the company under the Fair Labor Standards Act and the Maryland Wage and Hour Law, also filing wage and hour" claims on the behalf of other drivers he claimed were incorrectly classified. A Maryland district court previously ruled that a class action waiver and other stipulations in the shuttle company's franchise agreement protect the man from being ordered to arbitrate, but the Appeals court overruled that decision, citing a Supreme Court case in which the highest court found that class action waivers do not necessarily prohibit arbitration agreements from being enforced.

The driver, who worked on behalf of the shuttle company at a Maryland airport, asserts that the company wrongfully classified him as a franchisee rather than an employee. He says this allowed the company to mislead him regarding the pay he would receive, as contractors are not necessarily entitled to the minimum wage and overtime pay enjoyed by full-time employees.

Maryland real estate brokerage faces $11M lawsuit

On behalf of Bromberg Rosenthal LLP posted in Business Litigation on Friday, May 10, 2013.

Two Maryland companies are accused of breaking federal laws by wrongfully exchanging kickbacks for over a decade in a recent lawsuit. The couple that filed the claim contends that Lakeview Title and its part owner gave over $500,000 in illegal kickbacks to Long and Foster Real Estate's Creig Northrop Team in exchange for referring buyers to the title company for its settlement services. Both companies have denied the accusations detailed in the lawsuit and plan on preventing the impending real estate litigation from going to trial..

The lawsuit demands over $11 million in damages from the two firms and could see thousands of additional Long and Foster customers join as plaintiffs if it is granted the class action status the plaintiffs' attorneys have requested. An attorney with Long and Foster, which is one of Maryland's largest residential real estate brokerages, added that the defendants will request that the claim's request class certification be rejected.

Maryland mill's commercial restoration nearly complete

On behalf of Bromberg Rosenthal LLP posted in Commercial Real Estate on Thursday, May 2, 2013.

A Maryland textile mill originally constructed in 1873 is set to reopen as an apartment and office complex following a $44 million restoration project. The project is the latest in a string of mill refurbishments in the Baltimore area, which has helped revitalize the industrial district that runs along the city's Jones Falls. Tenants are scheduled to move into the restored mill in May, with several offices, restaurants and a fitness center following soon after. The repurposed commercial real estate will house 84 apartments and parking for around 165 cars.

Residents who live near the refurbished mill have expressed some concern about the mill's potential effect on traffic congestion, but the project's developer stresses that the mill will have a markedly positive effect on the surrounding area. He explained that his company plans to use valet services and nearby parking lots to reduce traffic around the mill, adding that the company has invested in the rehabilitation of the shoreline near the complex and that the increased number of people visiting the area will draw more attention to Jones Falls.

Exelon meets merger agreement's donation requirement

On behalf of Bromberg Rosenthal LLP posted in Mergers and Acquisitions on Tuesday, April 23, 2013.

Exelon Corp. has donated over $300,000 to Maryland responders and provided a number of free and discounted services for homeowners this year, successfully complying with the terms of its 2012 acquisition agreement with the Maryland-based Constellation Energy Group. According to an official with United Way of Central Maryland, Exelon has been faithful and exceptional in fulfilling its volunteer commitments.

The state Public Service Commission required Exelon to make ongoing charitable investments in Maryland in the sales terms of the company's deal with Constellation. The Commission aimed to help assuage state officials who expressed concerns that the merger might hurt Maryland. Many of those who expressed concerns eventually supported the deal, however, some were still unsatisfied with the amount of Exelon's contributions, explaining that they still hoped to see them grow over time.

Retailers in court over Martha Stewart products

On behalf of Bromberg Rosenthal LLP posted in Business Litigation on Tuesday, April 16, 2013.

Macy's and J.C. Penney failed to agree to a settlement after a month of mediation, leaving the retailers to return to court regarding a dispute over the distribution of Martha Stewart home goods products. The two companies, which do business in Maryland, initially went to court in 2012 but were ordered into mediation during a recess.

Macy's commercial litigation accuses J.C. Penney of violating its exclusive deal with Martha Stewart by selling several of Stewart's home goods that were to be exclusive for their story only, per a previous contract. Macy's argues that Penney's Martha Stewart products are nearly identical to their own, pointing to a set of champagne flutes that it says "compete[s] directly" with its own. However, an attorney for Martha Stewart Living Omnimedia contends that those glasses are disposable plastic versions that are not intended to compete with the more expensive flutes available at Macy's. Martha Stewart is currently the top-ranking home goods brand at Macy's.

EEOC sues Toys "R" Us for discrimination in Maryland

On behalf of Bromberg Rosenthal LLP posted in Employment Litigation on Monday, April 8, 2013.

Toy retailer Toys "R" Us has been accused of discriminating against a deaf job applicant at one of its Maryland stores. The United States Equal Employment Opportunity Commission filed a disability discrimination lawsuit in a Baltimore court on the woman's behalf, arguing that the company failed to provide a sign-language interpreter for her when she applied to work at a Maryland store in 2011. The lawsuit claims that this constitutes a violation of the American with Disabilities Act, which requires employees to accommodate disabled applicants and employees.

The EEOC contends that the woman applied for a position at a Toys "R" Us location located in Maryland. The store contacted her for a group interview to learn more about the position, after which her mother informed the store that the woman is deaf and communicates primarily with American Sign Language. When the mother asked that the store hire a sign-language interpreter to attend the interview, the store allegedly informed her she would need to provide her own interpreter. Her mother attended the interview to act as her interpreter.

Maryland lawmakers consider bill protecting pregnant workers

On behalf of Bromberg Rosenthal LLP posted in Employment Litigation on Wednesday, April 3, 2013.

The Maryland General Assembly has nearly passed a law that would increase workplace protection for pregnant women, legislation that was partially sparked by the case of a Landover woman who claims her employer discriminated against her based on her pregnancy. The House of Delegates recently approved the bill, sending it to await the response of the Senate.

The employment discrimination dispute that helped inspire the potential law is centered around a mother of three who sued UPS, where she was employed as a delivery driver, after her supervisors told her not to return to work until she gave birth to her baby, informing her that she was a liability to the company while pregnant. Although the woman's midwife told UPS she could not lift over 20 pounds, she told her managers that she would continue working as usual if they could not assign her to less strenuous duties. She filed an employment discrimination lawsuit against UPS seeking damages and the health benefits she lost while denied work in 2007, though she was unsuccessful. She hopes to petition the Supreme Court to hear the case.

Legal dispute threatens to disrupt Maryland development project

On behalf of Bromberg Rosenthal LLP posted in Commercial Real Estate on Thursday, March 28, 2013.

A developer who had planned to develop an 11-acre Maryland property into a shopping complex centered around a Walmart may be forced to abandon the project due to a legal dispute with the site's owner. The property owner, Twenty Fifth Street LLC, argues that it terminated the parties' sale agreement after the developer, WV Urban Development, was unable to reach an acceptable purchase agreement with Walmart's real estate affiliate by a pre-established deadline. Twenty Fifth Street filed a petition asking a Maryland court to recognize that it ended the agreement legally and is entitled to pursue other development opportunities for the plot.

Twenty Fifth Street's owner said that the court filing does not necessarily end his partnership with the developer.

Maryland businessman sues arena operators over billboards

On behalf of Bromberg Rosenthal LLP posted in Business Litigation on Thursday, March 21, 2013.

A Maryland developer and one-time First Mariner Bancorp CEO alleges that the operators of 1^st Mariner Arena are using billboards that "are the sole property" of his own company, Arena Ventures, in a recent lawsuit . The commercial litigation contends that 1^st Marine Arena is still using the developer's billboards from his company's time employed as an advertising subcontractor for the arena and demands $5 million in damages for the wrongful use of his personal property. Both the firm that owns the arena, SMG Holdings, and the advertising company that replaced the developer's company, are named as defendants.

According to the lawsuit, the arena's billboards and video screens were dilapidated and shabby when SMG hired Arena Ventures for advertising work in 2002. The plaintiff claims to be responsible for the large-scale renovations that updated the arena's advertisements and brought the arena an atmosphere reminiscent of "Times Square."

Monster Beverage contests Maryland lawsuit

On behalf of Bromberg Rosenthal LLP posted in Business Litigation on Friday, March 15, 2013.

Energy drink manufacturer Monster Beverage is denying allegations that its product caused the death of a 14-year-old Maryland girl, contending that medical tests have proven the drinks to be safe and cleared the company of liability. Monster argues that medical staff never tested the deceased girl's blood for caffeine toxicity, which would have been necessary to link her death to the beverages.

The lawsuit claims the girl died after she drank 48 ounces of Monster in a 24-hour period. The civil litigation contends that the teenager's heart stopped as a direct result of her consumption of the energy drink. The plaintiffs' attorney asserts that the lack of a toxicology test does not protect Monster from being found accountable for the death. He argued that warning labels on Monster's cans, which caution pregnant women and children not to consume the beverage, are "ambiguous and intentionally misleading" as the company markets toward teenagers.

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