Representative Matters
Recent Matters
Defending numerous clients against previously time-barred claims revived by the Maryland Child Victims Act
Representing medical staffing company against prime contractor for unpaid services under state COVID-19 testing and vaccination contracts
Represents defense and aerospace companies in a variety of disputes
Argued before the Supreme Court of Maryland in an attorney grievance case, obtaining the requested disposition of a sanction materially less than sought by Bar Counsel
Obtained full dismissal of Trademark Infringement claim on personal jurisdiction grounds
Defended hospital against medical malpractice claim
Defended breach of fiduciary duty claims arising out of cash-out merger of publicly-traded Real Estate Investment Trusts
Serves as counsel to demand review committees and special litigation committees of various public companies, including Maryland REITs
Representing commodities trader in environmental litigation brought by the State of Maryland
Representing Class I railroad in various claims brought under the Federal Employer's Liability Act [FELA] and other federal statutes
Arbitration
Led 6-day arbitration in dispute between insurance brokerages over commissions and bonuses
Construction / Real Estate
Representing assisted living group home operator in Fair Housing Act claims against neighborhood HOA refusing to allow group home to open
Defended owner of multi-unit apartment complex against federal class action arising out of Baltimore City Code licensure provisions, including certified question proceedings in the Supreme Court of Maryland, ending in a class-wide settlement at a fraction of the damages originally sought
Represented construction project manager in dispute with former employer regarding enforcement of non-compete and other restrictive covenants following involuntary termination
Intellectual Property
Representing pharmaceutical research company in trade secret litigation regarding patented psilocybin therapy
Defended a photographer against federal claims under the Copyright Act and the Visual Artists Rights Act
Represented manufacturer of composite armor panels in patent infringement litigation in District Court and Federal Circuit
Obtained a temporary restraining order in favor of biotech firm against former employee who stole trade secrets and applied for international patents
Defense of Breach of Fiduciary Duty Claims in REIT Merger
Defended landlord and management companies of highway truck stops against claims of aiding and abetting breach of fiduciary duty by stockholders arising out of a cash-out merger of publicly-traded Real Estate Investment Trusts. Justin and colleague Jean E. Lewis were part of a multi-firm team that obtained a dismissal in the Circuit Court for Baltimore City, on the Business & Technology docket, and an affirmance on appeal to the Appellate Court of Maryland. Special Situations Fund III QP, L.P. v. Travel Centers of Am. Inc., 267 Md. App. 597, 347 A.3d 493 (2025). The opinion has important implications for the duties and liabilities of corporate directors and officers under Maryland law, where many publicly-traded REITs are incorporated.
Defense of Multi-Family Apartment Company in Licensing Class Action
Defended a landlord in federal court against claims under the Maryland Consumer Protection Act and Consumer Debt Collection Act based on the lapse of the landlord's Baltimore City rental license for multi-family dwellings, but without any allegation of a defect in the apartment. The case presented novel Maryland law issues, which the United States District Court certified to the Maryland Court of Appeals (now Supreme Court). Maryland's highest court reaffirmed that unlicensed status, without any allegation of actual damages, does not give rise to a Consumer Protection Act claim, but held for the first time that efforts to collect rent attributable to an unlicensed period could support a claim under the Consumer Debt Collection Act. Assanah-Carroll v. L. Offs. of Edward J. Maher, P.C., 480 Md. 394, 281 A.3d 72 (2022). The greatly narrowed claims settled on terms approved by the federal court.
Defense of Copyright and VARA Claims
Defended a professional photographer against Copyright Infringement claims, as well as lesser known claims pursuant to the Visual Artists Right Act. The VARA claim pertained to the artist's moral rights in the objects depicted in the photographs. The case presented an issue of first impression in the Fourth Circuit as to whether moral rights under VARA attached to photographs of the original works. The case settled on grounds favorable to the firm's client.
Federal Religious Discrimination and Land-Use Permitting Litigation
Represented a residential homebuilder in OT, LLC, et al. v. Harford County, et al., United States District Court for the District of Maryland, Case No. 1:17-cv-02812-GLR/SAG, a high-profile religious discrimination lawsuit against Harford County, Maryland, its County Executive, other County officials, and two Maryland state legislators. In the underlying transaction, the homebuilder agreed to build and sell houses to be purchased by several members of the Muslim community. The project became subject to an anti-Muslim campaign led by local citizens who were opposed to the project. Harford County stopped issuing building permits for the residential subdivision and refused to approve use and occupancy permits for houses that had been constructed. The homebuilder and an entity associated with the Ahmadiyya Muslim Community brought suit asserting federal discrimination claims and other claims for relief. After a one-week evidentiary hearing, the federal court granted a preliminary injunction in favor of Kramon & Graham's client compelling the County to issue permits for the homes that had so far been constructed. Before the matter proceeded to a jury trial, a settlement was reached resulting in a payment of $4.95 million to the plaintiffs and agreements for the resumption of the project.
Shareholder and Bankruptcy Trustee Litigation Against Corporate Officers
Represented shareholders of a now-defunct medical software company against certain directors and officers to recoup the shareholders' significant investments. In addition to the complaint filed on behalf of the investor group, Kramon & Graham also represented the bankruptcy trustee of the company as the plaintiff in a related case. In the parallel lawsuits in D.C. Superior Court, the Kramon & Graham team withstood a personal jurisdiction challenge and conducted national discovery, and obtained a settlement that was ultimately approved by the Bankruptcy Court.
Defense of Fraud, RICO, and Misrepresentation Class Action
Successfully obtained a dismissal of a putative class action lawsuit alleging, among other counts, fraud, RICO violations, and negligent misrepresentation, on behalf of a medical professional. The case was covered in the Law360 article, “Miners Can't Sue Johns Hopkins Over Black Lung Benefits,” August 29, 2017. The United States Court of Appeals for the Fourth Circuit affirmed the decision in favor of the firm's client by published opinion. See Day v. Johns Hopkins Health Sys. Corp., 907 F.3d 766 (4th Cir. 2018).
Criminal Defense in Freddie Gray-Related Prosecution
Served as a member of the defense team that successfully represented one of six Baltimore police officers who were charged in connection with the death of Freddie Gray. The firm's client faced the most serious charges among the six officers charged. Following extensive discovery, motions, and a two-week bench trial, the defense team secured acquittals on all seven counts of the indictment, including second-degree murder, three manslaughter counts, assault, reckless endangerment, and misconduct in office. In this highly publicized trial, the defense team relied on the depth of its criminal defense experience, exceptional facility with complex medical issues, and extensive trial experience. By obtaining key pre-trial evidentiary rulings combined with the team's presentation at trial, the firm succeeded in acquiring a not-guilty verdict as to all charges.
Chapter 11 Spoliation Sanctions and Asset Recovery Litigation
As a member of the special litigation counsel team to the Chapter 11 Bankruptcy Trustee, successfully argued before the U.S. Bankruptcy Court for the District of Maryland in Schlossberg, Chapter 11 Trustee v. Vincent Abell et al., Adversary Proceeding No.: 14-00417-TJC, that spoliation by the defendants was so egregious that terminating sanctions were justified. The Court entered a judgment that effectively required the turnover of scores of properties and bank accounts to the firm's client. The case is significant both for its use of the continuing concealment doctrine in the recovery of assets and for the Court's opinion on spoliation, which provides the latest, most comprehensive judicial discussion of sanctions for the destruction of ESI.
Defense of Alleged Financial and Electronic-Transaction Crimes
Member of the defense team that secured an acquittal on all counts in a three-day bench trial before the Circuit Court for Prince George's County. Charges against the firm's client alleged different types of theft arising out of electronic banking and other financial transactions.
Fire-Loss Subrogation and Complex Causation Litigation
Represented an insurance company in a subrogation case against an HVAC service company that worked on a residential heating system just before a fire severely damaged the covered home. The case involved complicated fire cause-and-origin issues. Kramon & Graham's subrogation team defeated numerous defense motions seeking dismissal, striking of experts, and summary judgment, and ultimately obtained a favorable settlement before trial.
