Jessica Butkera, a partner in the firm’s Maryland (Metropolitan D.C.) office, obtained Summary Judgment on behalf of a convenience store, its insurer, and the insurer’s third-party administrator in the Circuit Court of Maryland for Baltimore City in a case in which she previously defeated the Plaintiffs’ efforts to certify it as a class action.
Plaintiffs had prior premises liability claims and lawsuits against convenience store. Plaintiffs now alleged that the Defendants, individually and collectively, fraudulently misrepresented material facts regarding the availability of medical payments coverage (known as med-pay) while negotiating to resolve and litigate Plaintiffs’ prior claims and suits. The Plaintiffs’ attorneys attempted to certify the case as a class action, arguing that any past or present claimants or litigants with claims or lawsuits against convenience store that were insured by the insurer and adjusted by the insurer’s third-party administrator insured by should be included in the class. Attorney Butkera aggressively defended the action, tailoring discovery and deposition testimony in ways to support her eventual success in both defeating class certification and obtaining summary judgment.
The Plaintiffs appealed both rulings to the Appellate Court of Maryland. Attorney Butkera briefed the appeal and handled the oral argument before a three-judge panel. The Appellate Court's opinion is below.
If you have any questions about this case, please contact Jessica Butkera, Esq. at JButkera@c-wlaw.com or by phone at (410) 420-0700.