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Gordon & Simmons wins appeal in Maryland Court of Special Appeals and court doubles original award • On December 2, 2009, Gordon & Simmons, Roger C. Simmons and Matthew S. Johnston for the firm, prevailed before the Maryland Court of Special Appeals in an appeal of the Montgomery Bankers, Inc. v. Montgomery Distributors, Inc. which was a case that Roger C. Simmons had won in April of 2008 for $654,000. In a 94 page unreported opinion written by Judge Hollander of the Court of Special Appeals, the Court upheld the judgment, agreeding with nearly each argument posited by Gordon & Simmons on behalf of Montgomery Bakers. Significantly, the Court of Special Appeals found that the trial court had erred by reducing the requested damage award at trial to $654,000 from the requested $1,308,000, vacated that judgment and ordered the trial court to increase the damage award to the original amount requested, over $1.3 million. The case is titled Fischer v. Montgomery Bakers, Inc., Case No. 0380 of September 2008 Term. | Roger Simmons and Matthew S. Johnston | December 2009 | Gordon & Simmons fends off a challenge to an estate in Montgomery County • Jacob I. Weddle successfully defended a Personal Representative who disallowed a $57,000 claim against an estate. During an October 2009 evidentiary merits hearing in the Circuit Court for Montgomery County, Mr. Weddle used the Claimant's own testimony to prove that the claim was time-barred. Mr. Weddle also invoked the Dead Man's Statute to preclude the Claimant from testifying to basis for the claim. As a result, the remaining estate was distributed to the decedent's chosen charity - Doctors without Borders. | Jacob I. Weddle | October 2009 | Shawn and Roger assist Dewey Jordan, Inc. stockholders to obtain $825,000 for a stock redemption • During the month of October, 2009, attorneys Shawn Cavenee and Roger Simmons were successful in obtaining a stock redemption for two Dewery Jordan, Inc., shareholders which produced $825,000 in cash for our clients in less than a month in a matter that had been stalled for more than two years before we were asked to become involved. | Roger Simmons and Shawn Cavenee | October 2009 | Summary Judgment Granted to Creditor Investor for Approximately $3,000,000 Stephen J. Garchik et al. v. Stelor Productions, LLC et al. (Case No. 307631-V) • On August 12, 2009, Judge Durke G. Thompson of the Montgomery County Circuit Court entered judgment in favor of Plaintiffs for almost $3,000,000 in principal, which amount will exceed $3,000,000 once attorneys’ fees and interest are determined by the Court. Plaintiffs invested approximately $3,000,000 in Defendants' internet, start-up business, which operated its on-line business under the domain name googles.com. Due to Defendants' default under the loan documents and the Court’s grant of summary judgment, Plaintiffs now own the legal rights to Defendants' business assets, collateral and intellectual property, including the domain name googles.com. | Gordon & Simmons, LLC | August 2009 | • The firm's Brian M. Maul recently represented a major real estate developer in West Virginia against a major house builder in the Maryland - West Virginia area in a breach of contract action, resulting in a successful settlement of more than $900,000 for the client. | Brian M. Maul | Summer 2009 | • On August 13, 2009, Gordon & Simmons (Roger Simmons and Matthew Johnston for the firm) won dismissal of a copyright action in the United States District Court for the District of Maryland. The case was a suit brought by a Pickle Partners, the purported copyright holder of artwork that Coin X Change had used in the conduct of its business. The principles of Pickle Partners had brought other suits against the owner of Coin X Change, LLC in other courts. In October, 2008, when counsel for Pickle Partners withdrew from the case, the Court ordered Pickle Partners to obtain new counsel, which Pickle Partners failed to do. After Gordon & Simmons moved for the dismissal of the case for failure to follow a Court order, the owners of Pickle Partners attempted to circumvent the Court's order by substituting themselves as individuals Plaintiffs in order to proceed pro se. The Court denied the attempted substitution and then dismissed and closed the case. The case is Pickle Partners, LLC v. Coin X Change, LLC, case No. 08-cv-01761. | Roger Simmons and Matthew Johnston | August 2009 | • During 2008, the firm settled a Federal District trademark infringement case its attorney, Roger Simmons, had brought against a Florida entity that was using the name and mark owned by Frederick-based Gutters For Less, and the monies paid by this Florida infringer to the firm's client were finally all collected. | Roger Simmons | 2009 | • During the closing months of 2008, Roger Simmons tried a case against a District of Columbia resident, in estate of Frances W. Johnson v. Charles E. Joyner, before the Superior Court of Washington, D. C., Case No. 2007 CA 003758 B, Judge Maurice Ross. The plaintiff, Estate of Frances W. Johnson, filed a Petition seeking partition by sale of property located in Washington, DC 20019, in which the Estate sought a determination by the Court that it held property as Tenants in Common with the defendant, Charles E. Joyner, who claimed to own it in its entirety. In early 2009, the firm learned that it had won the case for the estate and also obtained an award of attorneys' fees in an opinion by Judge Ross. | Roger Simmons | End of 2008 | • In August of 2009, Roger Simmons appeared in Montgomery County Circuit Court as lead counsel in a matter involving an insurance broker client seeking an emergency Temporary Restraining Order requiring the return of files wrongfully taken by a departing insurance agent. The Court's Judge Boynton granted the relief requested by Mr. Simmons's client. | Roger Simmons | August 2009 | • The firm's client, a local ticket broker, was dismissed from a North Carolina Federal Class Action ticket scalping suit seeking more than $5,000,000 in damages. Asserting a vigorous defense, Roger C. Simmons and Jacob I. Weddle negotiated the dismissal of their client from a class action suit originally brought in the North Carolina state court system. Mr. Simmons and Mr. Weddle removed the suit to the North Carolina federal court system under the Class Action Fairness Act by arguing that the amount in controversy of the class action suit surpassed $5,000,000. After removal, the Plaintiff class agreed to dismiss the defendant ticket broker, with prejudice, for no fee -- eliminating the local ticket broker's multi-million dollar exposure. | Roger C. Simmons and Jacob I. Weddle | 2009 | • The firm's Jacob Weddle represented a small, local wire and metals dealer in a Federal trademark infringement suit filed against it by North America's leading manufacturer of wire and cable. Mr. Weddle negotiated an amicable settlement in which the client modified its logo, but retained the use of its established tradename. | Jacob Weddle | 2009 |
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