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Brault Graham, LLC

Results & Verdicts

  • 2015 – James M. Brault represented the Plaintiffs in an action for specific performance to compel Defendants to comply with a buy-sell provision in a real estate partnership agreement involving student housing property. Following a bench trial, the Court entered judgment in favor of Plaintiffs enforcing the buy-sell provision resulting in a buy-out in excess of $9 million. The case is on appeal.
  • 2015 – Albert Brault and James Brault represented a local mall owner in an action brought to declare that that the mall’s termination of a commercial tenant’s lease for violation of a radius restriction provision was unlawful. They successfully obtained summary judgment early in the case prior to discovery. The United States Court of Appeals for the Fourth Circuit affirmed.
  • 2015 – James M. Brault represented the Plaintiffs in an action for specific performance to compel Defendants to comply with a buy-sell provision in a real estate partnership agreement involving student housing property. Following a bench trial, the Court entered judgment in favor of Plaintiffs enforcing the buy-sell provision resulting in a buy-out in excess of $9 million. The case is on appeal.
  • 2015 – Albert Brault and James Brault represented a local mall owner in an action brought to declare that that the mall’s termination of a commercial tenant’s lease for violation of a radius restriction provision was unlawful. They successfully obtained summary judgment early in the case prior to discovery. The United States Court of Appeals for the Fourth Circuit affirmed.
  • 2014 –  James M. Brault represented a real estate owner in an arbitration proceeding arising out of a window replacement project in an apartment building. The owner counterclaimed for damages for alleged workmanship and other breaches. The dispute was arbitrated through AAA Arbitration in January 2014. The arbitrator ruled in the owner’s favor with respect to several claims in its counterclaim.
  • 2014 – James M. Brault and Daniel L. Shea represented a non-profit corporation and its officers and directors in a lawsuit brought by members alleging that the defendants wrongfully attempted to amend the bylaws to disband a property management committee and misappropriated building funds. Following discovery, the claims were dismissed by the trial court, and Plaintiffs appealed. The Court of Special Appeals affirmed in part and remanded in part. On the core issue of whether the bylaws could be amended, the Court of Special Appeals agreed with Defendants that there was no prohibition against the amendment of the bylaws to disband the property management committee. On remand, the case was resolved.
  • 2014 – James M. Brault represented a real estate owner in an arbitration proceeding arising out of a window replacement project in an apartment building. The owner counterclaimed for damages for alleged workmanship and other breaches. The dispute was arbitrated through AAA Arbitration in January 2014. The arbitrator ruled in the owner’s favor with respect to several claims in its counterclaim.
  • 2014 – James M. Brault and Daniel L. Shea represented a non-profit corporation and its officers and directors in a lawsuit brought by members alleging that the defendants wrongfully attempted to amend the bylaws to disband a property management committee and misappropriated building funds. Following discovery, the claims were dismissed by the trial court, and Plaintiffs appealed. The Court of Special Appeals affirmed in part and remanded in part. On the core issue of whether the bylaws could be amended, the Court of Special Appeals agreed with Defendants that there was no prohibition against the amendment of the bylaws to disband the property management committee. On remand, the case was resolved.
  • 2012 – January, David Mulquin successfully obtained the dismissal of a defamation and civil conspiracy lawsuit against his client. The lawsuit alleged that the client had defamed the plaintiff on the internet under the disguise of a pseudonym. After hearing the firm’s arguments that the time period for bringing the action had expired and that the alleged comments were not defamatory under the law, the court dismissed the case. The case is on appeal.
  • 2012 – James Brault and Daniel Shea obtained summary judgment in an action brought by eight members of a non-profit corporation against the corporation and its officers and directors. The action involved issues of corporate governance and the right to control a multi-million dollar building fund.
  • 2011 –  Albert Brault, James Brault and Joan Brault obtained a favorable opinion from the Court of Appeals in an insurance case. The firm represented an insured who failed to comply with a policy provision requiring that it give notice as soon as practicable but in no event later than ninety (90) days after the end of the Policy Period. The policy was a claims made policy. The Court of Appeals held that Maryland’s notice-prejudice statute precluded the insurer from denying coverage based on the insured failure to comply with the policy provision since the insurer was not prejudiced by the late notice. Sherwood Brands, Inc. v. Great American Insurance Co., 418 Md. 300, 13 A.3d 1268 (2011).
  • 2011 – Albert Brault, James Brault and Joan Brault obtained a favorable opinion from the Court of Appeals in an insurance case. The firm represented an insured who failed to comply with a policy provision requiring that it give notice as soon as practicable but in no event later than ninety (90) days after the end of the Policy Period. The policy was a claims made policy. The Court of Appeals held that Maryland’s notice-prejudice statute precluded the insurer from denying coverage based on the insured failure to comply with the policy provision since the insurer was not prejudiced by the late notice. Sherwood Brands, Inc. v. Great American Insurance Co., 418 Md. 300, 13 A.3d 1268 (2011).
  • 2011 – December, David Mulquin obtained summary judgment in a survival and wrongful death automobile negligence case in favor of the defendant-driver on the basis that the decedent was contributorily negligent. Following the ruling, the plaintiff appealed the case to an en banc panel of judges. In March 2012, following written and oral argument by David Mulquin, the en banc panel affirmed the grant of summary judgment.
  • 2011 – December, Albert Brault successfully defended county officials from a motion to hold the officials in contempt of court. The issue was whether the officials had complied with the federal court’s previous injunctive order that had concluded a civil rights action brought against the county. Although the court found that the officials had not complied with the previous order, it nevertheless denied the contempt motion.
  • 2011– In June, Stuart Herschfeld defended a practitioner in the field of internal medicine in which it was alleged that she failed to manage and follow up on a patient who had developed a pericardial effusion after a cardiologist had been consulted. Mr. Herschfeld was successful in obtaining judgment on behalf of the internist at the close of plaintiffs’ case in chief. Mr. Herschfeld remained involved in the same trial to assist in the defense of a thoracic surgeon through the remainder of the trial, which was followed by a defense verdict on behalf of the thoracic surgeon.
  • 2011– In May, Mr. Herschfeld defended the treatment and care of a general surgeon in which it was alleged that he breached the standard of care in the performance of a laparoscopic cholecystectomy resulting in injury to the common bile duct and biliary leak. After six days of hearing evidence, the jury returned a verdict in favor of the surgeon.
  • 2011– In March, Stuart Herschfeld and an attorney at the firm obtained a defense verdict in favor of a hospital with respect to allegations of medical negligence involving treatment by a neonatologist. The plaintiffs’ claimed that the neonatologist breached the standard of care in failing to properly manage the newborn’s vital signs resulting in intracranial hemorrhage bleeding to the development of permanent neurological injuries. After a three week trial, a jury returned verdict in favor of the hospital in less than one hour.
  • 2011 – the directors scheduled a vote of the members to amend the bylaws to consider disbanding the property management committee and/or clarifying its authority. The plaintiffs claimed that the corporation was estopped from amending the bylaws and that the property management committee had the exclusive power to control the building fund indefinitely. The plaintiffs also claimed that they had vested rights to participate on the committee. The case is on appeal.
  • 2011 – On March, an attorney at the firm secured the dismissal of a claim against his internist client with prejudice. The Plaintiff alleged that the physician had misdiagnosed her with Lyme disease and thereafter negligently administered antibiotics which caused her c. difficile colitis. The Plaintiff voluntarily dismissed her claim with prejudice after Mr. Roegge retained an investigator to videotape her performing activities that significantly undermined her damages claim.
  • 2010 – On November 10, Mr. Herschfeld obtained a defense verdict in favor of a physiatrist where Plaintiffs alleged that the physiatrist failed to prevent deep vein thrombosis and further failed to recognize the signs and symptoms of pulmonary embolus, and then provide timely treatment and transfer. After seven days of trial, a jury in the Circuit Court for Montgomery County, Maryland returned a verdict in less than ninety minutes of deliberaton in favor of the health care provider.
  • 2010– On November, Stuart Herschfeld and an attorney at the firm obtained a defense verdict in favor of a physiatrist who cared for a patient during rehab after brain surgery. The patient’s family alleged the physician negligently failed to recognize and treat his signs and symptoms of a pulmonary embolism resulting in his death. After six days of trial, a Montgomery County jury returned a verdict in the doctor’s favor after less than two hours of deliberation.
  • 2010 – On August 20, Mr. Herschfeld, obtained a defense verdict in favor of a hematologist who allegedly failed to recognize the signs and symptoms of deep vein thrombosis and pulmonary embolus which allegedly resulted in the patient’s death. After seven days of trial, a Montgomery County jury unanimously returned a verdict in favor of the health care provider, indicating that the health care provider comported with the national standard card.
  • 2010 – On July 26, Mr. Herschfeld obstained a defence verdict on behalf of an oral and maxillofacial surgeon who predeceased the trial regarding allegations of negligent performance of dental implantation and lack of informed consent. After a week long trial in the Circuit Court for Montgomery County, the jury returned a verdict in favor of the health care provider.
  • 2010 – On April, an attorney at the firm obtained a defense verdict in favor of a urologist who was alleged to have negligently torn a patient’s ureter during a kidney stone extraction procedure. After five days of trial, a Montgomery County jury found that the doctor did not violate the standard care after less than 2 hours of deliberation.
  • 2009James Brault, and Albert Brault successfully defended a case against various entities that owned and managed a number of properties. The plaintiffs were investors in various real estate entities. The structure of the entities changed over the years. The plaintiffs alleged, among other claims, that when the properties were sold in 2002-2004 they did not receive the correct amount of distributions. The plaintiffs also attempted to bring a class action on behalf of other partners. Their motion to certify a class was denied. After a six day bench trial, the court granted defendants’ motion for judgment. In an unreported opinion, the Court of Special Appeals affirmed the ruling.
  • 2008 – An attorney at the firm and Albert D. Brault prevailed in a 10-day trial in Montgomery County, Maryland. We represented a neurologist against malpractice allegations that he negligently failed to diagnose symptoms of cerebellum tumor resulting in delayed surgery and neurological injuries. The jury found that our physician provided appropriate care to the patient.
  • 2008 – An attorney at the firm prevailed in the District of Columbia Court of Appeals, which affirmed the summary judgment entered in favor of his client in the trial court. Mr. Roth had successfully argued that his clients were entitled to judgment as to all claims that his health care provider clients were negligent in providing medical care to the plaintiff while he was incarcerated in D.C. Jail. Both Courts ruled in favor of Mr. Roth’s clients.
  • 2008James Wilson obtained a verdict on his client’s favor after a three day trial in the Montgomery County Circuit Court. Mr. Wilson represented one of three drivers involved in automobile accident on interstate highway, in which Plaintiff had injuries including insertion of rod and screws in leg.
  • 2008Stuart Herschfeld and an attorney at the firm were successful in securing the dismissal of the case against their clients in the Superior Court for the District of Columbia. We represented a general surgeon and hospital against medical malpractice claim that defendants were negligent in the performance of a laparoscopic cholecystectomy. The dismissal occurred during the trial, prior to the close of the plaintiff’s case, and was the result of zealous advocacy.
  • 2008 – An attorney at the firm secured the dismissal of all claims against her physician client, without any indemnity payment in the Montgomery County Circuit Court. Ms. Fallon represented an orthopedic surgeon against a claim of that he negligently performed a discectomy leading to a bleeding complication. Ms. Fallon obtained reviews of the medical care by experts who concluded the care was appropriate and did not cause the injuries alleged.
  • 2008David F. Ryder successfully defended two first-party failure to act in good faith claims for a national insurer before the Maryland Insurance Administration.
  • 2008Stuart Herschfeld obtained a jury verdict in their client’s favor after a 4-day trial. Mr. Herschfeld represented an obstetrician and hospital against allegations that the obstetrician failed to obtain the patient’s informed consent prior to performing a vaginal delivery which resulted in a fourth degree perineal tear that was subsequently repaired. The jury’s verdict was a vindication of the care provided by the physician and hospital.
  • 2008 – An attorney at the firm obtained the dismissal of the Superior Court for the District of Columbia based on the Statute of Limitations. Ms. Fallon represented an orthopedic surgeon against claim of negligence in performance of a total knee replacement leading to disability. The Court ruled that the patient could not pursue the physician as a result of Ms. Fallon’s argument.
  • 2008Daniel L. Shea achieved the dismissal of claims against an individual and on a business entity involving claims of breach of a non-competition clause in an employment contract.
  • 2008James Brault,negotiated a favorable settlement on behalf of his client, who was alleged to have been engaged in a joint venture with the driver/owner of a tow truck that struck a minor pedestrian, resulting in a comminuted fracture and degloving injury to the lower extremity.
  • 2008 – An attorney at the firm and Albert D. Brault obtained a verdict in their client’s favor after a 7-day jury trial in Montgomery County, Maryland. We represented an orthopaedic spine surgeon against malpractice claim that he negligently caused paraplegia after spinal surgery resulting in her subsequent death due to complications from paraplegia. The jury found neither the paraplegia nor the death was caused by any actions of the physician.
  • 2008David F. Ryder successfully defended a Washington County couple sued civilly for allegedly causing a wildfire which destroyed two homes and damaged three others.
  • 2007James Brault was local counsel for a major investment firm in a case in which an investor claimed it had improperly swept some earnings into a fixed-income account. The investor attempted to bring a class action, but the case was dismissed, and the Court of Special Appeals affirmed.
  • 2007David Mulquin successfully defended a physician’s assistant against claims by a health insurance carrier for reimbursement of alleged improperly paid claims. Physician’s assistant maintained that he was properly credentialed and entitled to payments received. The case was successfully defended with judgment entered for the physician’s assistant.
  • 2007 – An attorney at the firm secured a defense verdict following a jury trial in the Superior Court for the District of Columbia. Mr. Roth represented a university-employed emergency room intern who was alleged to have misdiagnosed an ectopic pregnancy. Mr. Roth argued that the intern’s care was appropriate and that he was not negligent and the jury agreed, vindicating the young physician.
  • 2007Jim Wilson secured a verdict for his client after a jury trial in the Superior Court for the District of Columbia. Mr. Wilson represented the Defendant Driver in the intersectional collision, in which Plaintiff claimed serious injuries.
  • 2007David Mulquin successfully resolved claims against three (3) different insurance carriers arising out of “Accidental Death” policies, on behalf of an elderly client who died after being injured in a motor vehicle accident. Among the issues resolved in the client’s favor was the relationship of motor vehicle accident injuries to his demise.
  • 2006James Brault and Albert Brault successfully represented a country club in a dispute over the validity of a vote to make improvements to the club. The dispute involved the rights of absentee members, and the question of what law would be applied to internal corporate governance issues. The firm represented the country club and obtained summary judgment in its favor.
  • 2005James Brault and Albert Brault represented the defendants in a case involving claims of lack of competence and undue influence in connection with an amended trust. The trust was amended shortly before the decedent’s death. The case was tried as a bench trial. In the middle of trial, a favorable settlement was reached.
  • 2001 – After years of litigation between a minority shareholder and the corporation, the corporation instituted a reverse stock split to cash out the minority stockholder’s interest. Albert Brault and James M. Brault represented the corporation and majority stockholder. The case was tried as a bench trial, and resulted in a judgment finding for the defendants that the reverse stock split was lawful. The judgment was affirmed on appeal.
  • 1991 – as part of the corporation’s effort to raise money for a building fund, the members approved an amendment to the bylaws establishing a property management committee consisting of members to oversee the investment and expenditures of the building funds. Those members who contributed a certain amount to the building fund were automatically members of the property management committee.
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101 South Washington Street
Rockville, Maryland 20850

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