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Federal Circuit Rejects Narrow Standard for Breach of the Duty of Good Faith and Fair Dealing Claims
March 28th, 2014
Over the years, the long-standing legal theory of breach of an implied duty of good faith and fair dealing has been eroding. Contractors seeking to sue the government for breaching this implied duty were frequently unsuccessful because of the difficu…
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Categories: Legal Updates
Fourth Circuit Affirms Judgment in Favor of Miller Act Claimant Against Successor Company
December 26th, 2013
In L&W Supply Corp. v. Greenway Enterprises, Inc., 2013 WL 583224 (4th Cir. Oct. 31, 2013), the Fourth Circuit affirmed the entry of summary judgment by the U.S. District Court for the Eastern District of Virginia under the Miller Act in favor o…
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Categories: Legal Updates
Shannon J. Briglia Named Among the Best Lawyers in America
October 24th, 2013
Shannon J. Briglia has been selected to be included in the Best Lawyers in America 2014 in the field of Construction Law. Best Lawyers in America is the oldest and most respected peer-review publication in the legal profession, and awardees are s…
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Categories: Firm News
BrigliaMcLaughlin Obtains Summary Judgment on Behalf of Surety Client
October 24th, 2013
In September, BrigliaMcLaughlin obtained summary judgment in the U.S. District Court for the Eastern District of Virginia on behalf of a surety client against corporate and individual…
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Categories: Firm News
Maryland Federal Court Grants Summary Judgment in Favor of Surety in Indemnity Action and Permits Cause of Action Under Trust Fund Statute
September 26th, 2013
Since the 2004 decision of Atlantic Contracting & Material Co., Inc. v. Ulico Cas. Co., 380 Md. 285 (2004), sureties in Maryland state and federal courts have faced great difficulty obtaining summary judgment in contractual indemnification actio…
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Categories: Legal Updates
Fourth Circuit Holds that False Payment Applications May Constitute Fraud for Purposes of Bankruptcy Nondischargeabilty
August 14th, 2013
This June, the U.S. Court of Appeals for the Fourth Circuit affirmed a bankruptcy court’s ruling that false certifications contained in payment applications constitute fraud for the purposes of making those debts attributable to the certifications…
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Categories: Legal Updates
Robert J. Dietz Wins Directed Verdict For Contractor Client
July 9th, 2013
This June, BrigliaMcLaughlin won a directed verdict for a general contractor client against two sub-subcontractors in a multi-day bench trial in Maryland state court. Lead counsel…
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Categories: Firm News
BrigliaMcLaughlin Attorneys Author Maryland and District of Columbia Chapters of the Surety Underwriter's Deskbook
July 8th, 2013
Attorneys from BrigliaMcLaughlin authored state-specific chapters of The Surety Underwriter’s Desk Book, which was distributed to attendees of the ABA Fidelity & Surety Law Commi…
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Categories: Firm News
U.S. Supreme Court Holds That Virginia Can Exclude Non-Citizens From Access to Public Records
June 11th, 2013
Last month, in McBurney v. Young, the Supreme Court of the United States considered whether Virginia’s Freedom of Information Act, which provides open access to and copying of public records solely to citizens of the Commonwealth of Virginia, viol…
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Categories: Legal Updates
Maryland Court of Special Appeals Finds Per Diem Liquidated Damages Award Appropriate
May 13th, 2013
In Cuesport Properties, LLC v. Critical Developments, LLC, 209 Md. App. 607, 61 A.3d 91 (2013), the Maryland Court of Special Appeals examined and affirmed the Anne Arundel Circuit Court’s decision awarding Critical Developments liquidated damages…
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Categories: Legal Updates