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Partner John Tremain May selected for inclusion to 2012 DC Super Lawyers List
Congratulations to Partner John Tremain May on his selection for inclusion to the 2012 DC Super Lawyers List. The Super Lawyers Magazine conducts an annual rating process that includes independent research, peer nominations and peer evaluations. This selection demonstrates that John has achieved a high degree of peer recognition and professional achievement
Posted by David B. Stratton on 04/27/2012 at 01:55 PM
Jordan Coyne & Savits, L.L.P. news •
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Jordan Coyne & Savits, L.L.P. selected for inclusion in 2011-2012 U.S. News List of Best Law Firms
Jordan Coyne & Savits, L.L.P. was named to the 2011-2012 U.S. News list of Best Law Firms. For 2011-2012, Jordan Coyne & Savits, L.L.P. was recognized as a Tier 1 firm for Legal Malpractice Law - Defendants, and Personal Injury Litigation - Defendants.
Posted by David B. Stratton on 03/13/2012 at 06:41 PM
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Twombly Motion Resolves Civil Rights Claim Arising From Suspicion of Shoplifting
Shoplifting can cause retailers to incur costs far greater than simply the value of the items stolen. Even when the store and its employees act in the utmost good faith, someone accused of shoplifting can turn around and sue the store. These suits sometimes include claims of racial discrimination. Until recently, it was difficult to get these suits dismissed. As a result, retailers could become embroiled in litigation involving an intrusive discovery process and significant defense costs that could last years and unfairly tarnish their reputation. Fortunately, two recent Supreme Court cases have made it much easier to have such cases dismissed with a relatively small amount of time, energy, and cost.
Jordan Coyne & Savits, L.L.P. recently defended a national clothing retailer sued in the U.S. District Court for the District of Maryland by a person who was ejected on suspicion of shoplifting. According to the plaintiff's complaint, he opened his shopping bag near some jeans on display to ascertain whether they matched the shoes in his bag. A store clerk notified the Mall's security guards that the plaintiff was a "suspicious person" who was "likely stealing." The security guards confronted the plaintiff and escorted him from the Mall. He brought a civil rights claim under 42 U.S.C. sec. 1981 against the retailer, the owner of the Mall, and the security guards, asserting that the incident was motivated by racial discrimination, seeking attorney's fees and damages for intentional infliction of emotional distress and invasion of privacy.
Jordan Coyne answered with a Rule 12 motion to dismiss the Complaint for failure to state a claim for relief. Relying on the Supreme Court's recent decisions in Twombly and Iqbal, we argued that the case should be dismissed because the plaintiff had not pled any facts tending to show that the acts were motivated by any intent to discriminate against plaintiff.
The Court agreed and dismissed the case without prejudice. Applying Twombly, the Court ruled that the Complaint did not allege facts sufficient to "state a claim to relief that is plausible on its face." The Court noted that "plaintiff has not alleged facts showing a causal link between his race and his removal, or that any of the defendants intended to discriminate against him because of his race." While the Complaint alleged that the "removal from the Mall was made solely for the reason that the plaintiff was an African-American and was made with malicious and discriminatory intent," this was deemed to be a "mere conclusory statement of the kind that Iqbal rejected." If anything, the plaintiff's factual allegations showed that the merchant's actions were the result of a legitimate belief that the plaintiff was shoplifting. The Court concluded that Plaintiff had "utterly failed to buttress his conclusory allegations with any facts that would support an inference of racial animus" on the part of any of the defendants.
Plaintiff never bothered filing an amended complaint. Consequently, the motion to dismiss resolved the case in months, not years. Moreover, the client did not have to participate in the time-consuming and intrusive discovery process or pay even a token amount in settlement. Perhaps most importantly, the client was able to protect its good reputation by having the Court recognize that, even if the plaintiff's factual allegations were assumed to be true, the removal of the plaintiff from the store was not motivated by racial animus, but rather, was "prompted by the belief that plaintiff's actions were consistent with attempted shoplifting."
Of course, all matters are decided on their own particular facts or merits, and, because each case is different and litigation is inherently unpredictable, the past record is no assurance of reaching a favorable result in any future case. For further information or to discuss the defense of a similar matter, call Steve Schwinn, Esq., at 202-496-2806.
Partner John O. Easton, Esq., selected for the 2012 Edition of The Best Lawyers in America
Congratulations to Partner John O. Easton, Esq., for his selection as in the 2012 Edition of Baltimore and Washington's Best Lawyers, in the area of Professional Malpractice Law (Defendants).
This list is excerpted from the 2012 edition of The Best Lawyers in America. Lawyers are chosen for inclusion based solely on a vote of their peers.
Posted by David B. Stratton on 10/31/2011 at 01:02 PM
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John Tremain May selected for inclusion in the 2012 edition of The Best Lawyers in America
Congratulations to Partner John Tremain May, Esq. on having been selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America (Registered) in the practice area of Legal Malpractice Law - Defendants. John May defends attorneys and accountants in professional malpractice actions in the District of Columbia and Maryland.
For nearly three decades, Best Lawyers has been regarded -- by both the profession and the public -- as the definitive guide to legal excellence in the United States.
Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.9 million confidential evaluations by attorneys), and because no fee or purchase is required to be listed, inclusion in Best Lawyers is rightly considered a singular honor.
Posted by David B. Stratton on 09/09/2011 at 04:28 PM
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DC team wins defense jury verdict in FDCPA action
In May of 2011, John Tremain May and Padraic Keane of Jordan Coyne & Savits, L.L.P. successfully defended a law firm in the United States District Court for the District of Columbia in a lawsuit alleging violations of the Fair Debt Collection Practices Act ("FDCPA"). The plaintiff alleged that the defendant law firm, in the course of foreclosing on the plaintiff's property, had failed to provide the plaintiff with notices required under the FDCPA, and had failed to respond to alleged facsimiles and telephone calls from the plaintiff to the defendant in an effort to challenge the foreclosure. After a three-day trial before the Honorable James Gwin, specially assigned from the Northern District of Ohio, the jury found in favor of the defendant. As always, matters are decided on their own particular facts or merits, and, because each case is different and litigation is inherently unpredictable, the past record is no assurance of reaching a favorable result in any future case.
For more information, please contact John Tremain May at (202) 296-4747.
JOCS Attorneys Participate In First Annual CLM Group Admission to the Supreme Court
Steve Schwinn, Esq., a partner in the firm, organized the first annual CLM Group admission to the Supreme Court of the United States in May 2011. During the course of this event, Chief Justice John Roberts granted the motion of James F. Jordan, Esq., one of the founding partners of the firm and presently Of Counsel, to admit twenty CLM members and fellows from across the country to the Bar of the Supreme Court of the United States on May 16, 2011.
The Council on Litigation Management ("CLM"), the largest fully inclusive defense organization, is comprised of thousands of insurance companies, corporations, corporate counsel, risk managers, insurance professionals, claims adjusters and attorneys.
The night before, CLM's D.C. Chapter hosted a welcome reception for the applicants and their guests at the historic Old Ebbitt Grill. Monday's ceremony was preceded with a continental breakfast in the lawyers' lounge and adjacent rooftop patio. Afterwards, the newly admitted members and their guests were given a tour and lecture on the architecture and traditions of the Court by the Curator. Then, in association with the Potomac RIMS, CLM sponsored an education and networking luncheon at Art & Soul on Capitol Hill.
In addition to being able to take cases before the Court, members of the Bar are entitled to preferential seating at oral argument and use of the Constitutional Law Library.
Next year, the CLM Group Admission will be held on the Tuesday following Memorial Day, May 29, 2012.
Posted by David B. Stratton on 05/15/2011 at 01:20 PM
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