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Miller, Miller & Canby Lawyers Prevail in Complex Maryland Litigation Cases

Posted August 6, 2024 at 8:55 AM

Elder Law, Estates & Trusts, Litigation, MM&C Happenings, News & Events

A very busy spring at Miller, Miller & Canby resulted in several positive outcomes for firm clients in complex dispute litigation matters. In one case, MM&C attorneys represented the party challenging the estate, in another, attorneys defended the estate, in a third, MM&C defended a spouse in an alleged battery arising out of a family law matter. The three cases are highlighted below:

In Cleveland v. Rosell, Donna McBride and Diane Feuerherd represented a client who was sued by her brother. He alleged his sister intentionally interfered with his inheritance.  After a four-day jury trial in the Circuit Court for Montgomery County, MD, in which Feuerherd was lead counsel, the jury returned a verdict in favor of the MM&C client, denying all of the brother’s claims.

The client, Sandra Rosell, was extremely happy with the outcome: “Diane Feuerherd and Donna McBride of the esteemed law firm of Miller, Miller & Canby represented me in a contentious, protracted civil litigation over a challenge to my mother’s estate planning and decisions. My respect and gratitude grew as they navigated the complexities of an estate challenge. From the beginning they strategically anticipated and acted to facilitate the final decision in my favor. I will be eternally grateful for their counsel on my behalf.”

In Ottolenghi v. Ottolenghi, McBride represented the husband in a dispute between husband and wife, which arose out of their divorce case. The husband sought to defend himself against accusations levied by the wife to gain leverage in the divorce case. The case was first tried in October of 2023, when he was defended by another firm. In that trial, the jury returned a verdict against the husband.  The trial judge, however, granted a new trial after it was learned that the Plaintiff’s attorneys had not turned over certain evidence which contradicted testimony at trial. The case was re-tried in May in the Circuit Court for Montgomery County and after a four-day jury trial, the jury returned a defense verdict, finding in favor of MM&C’s client.

In Schwaner  v. Kachman, MM&C’s Joe Suntum represented a client whose family member attempted to evict him from the family home after the death of their parents. Shortly before their passing, the parents changed the title to their house to name the daughter a joint tenant with rights of survivorship. But-for the last-minute deed orchestrated by the daughter, the adult children would each have inherited one-half of the property. Evidence also revealed that the daughter had herself added to the parents’ bank account, to make her sole beneficiary upon their death.  In response to the eviction attempt, Suntum and MM&C’s client filed a complaint challenging the deed and other monetary transfers in the Circuit Court for Frederick County. After a three-day bench trial, the trial judge ruled in favor of MM&C’s client, saving him from eviction, and awarding him 50 percent of the parent’s bank account and the single-family home.

“In all three of these cases, we are very pleased that our hard work translated into success for our clients in the courtroom,” said Feuerherd, who chairs MM&C’s litigation practice. “Thorough preparation along with an efficiency-driven approach, guided by our clients’ goals, is truly what sets our firm apart.”

Miller, Miller & Canby’s litigation practice has been consistently recognized as a “Tier 1” Best Law Firm® in the metropolitan region in the following areas of litigation: trusts and estates, commercial, construction, real estate, and insurance. To learn more about Miller, Miller & Canby’s litigation practice, click here.

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