Litigation Gallagher's litigation practice is active and diverse. We regularly represent the firm’s clients at all levels of the federal and state courts, before administrative bodies, and before arbitrators, mediators and other alternative dispute tribunals. As litigators, we know that results matter most. Above all, we strive to solve problems for our clients on their terms. We are dedicated to our clients and take pride in their continued success. Our litigation team successfully handles disputes in many areas including: Appellate litigation; Business litigation, including matters involving breach of contract, partnership dissolution, business torts, unfair competition, breach of fiduciary duty, fraud, and professional negligence; Class action defense litigation, including consumer, ERISA, securities, and antitrust class actions; Constitutional law; Creditors' Rights and Bankruptcy litigation, including the representation of secured and unsecured creditors, trustees, receivers, and other parties in federal bankruptcy reorganization cases, state insolvency proceedings, loan restructuring, workout negotiations, and related litigation; Director / officer liability issues; Employment litigation, including claims of wrongful discharge, discrimination cases, violation of wage and hour standards, sexual harassment, and violation of non-compete covenants; Fiduciary, and estates and trusts litigation; Health Care litigation, including disputes involving federal and state regulatory issues, such as health planning (CON), licensing and certification, fraud and abuse allegations, medical malpractice, medical staff issues, compliance matters, and insurance coverage; Investigations; Real estate, land use, construction, fair housing, and tax assessment appeals; Securities litigation; and Tort claims on behalf of plaintiffs and defendants. Representative Matters Gallagher represented the court-appointed administrator of an insurance policy held by 49 investors who had purchased fractional interests in the policy through a now-defunct viatical settlement company. The U.S. Court of Appeals for the Fourth Circuit concluded eight years of litigation when it affirmed a summary judgment decision in favor of our client declaring that the policy is valid and that all benefits under the policy were due and payable. This was a pivotal case not only for Gallagher’s client, but also for the secondary life insurance market. The Fourth Circuit’s decision represents the first time a federal appellate court has announced the general rule that an insurable interest exists where an insured purchases insurance on his or her own life with an intent to later assign the policy to a third party, so long as no agreement to assign the policy exists when the policy is issued. Click to read "Viatical Vindication." Gallagher served as lead counsel in a receivership case involving a nationwide Ponzi scheme. Representing the court-appointed receiver and working closely with the Maryland Attorney General's office, the firm pursued actions from Maryland to California to shut down the $130 million scheme and recover assets for the 1,200 people who invested in the fraudulent securities. Click to read the criminal indictment based, in part, on the civil cases pursued by Gallagher. In a series of sixteen consumer class action lawsuits in six states involving alleged excessive secondary mortgage fees, Gallagher successfully defended the subsidiaries of one of Maryland's largest banks. All cases were dismissed and affirmed on appeal. In U.S. v. City of Baltimore, Gallagher was selected by Baltimore's Mayor and City Solicitor to defend environmental claims brought by the U.S. Department of Justice and EPA, resulting in a $900 million consent decree to renovate the City's aging sewer infrastructure over 15 years. In a breach of contract claim against our client, a leading publicly traded financial institution sued for damages allegedly arising out of the client's repurchase of GNMA mortgage-backed securities. Gallagher prevailed in obtaining summary judgment on important aspects of the plaintiff’s claims, thereby removing much of the exposure. The parties then settled on favorable terms. Representing a leading local developer in a project development and litigation case involving the construction of Baltimore's Marriott Waterfront Hotel, Gallagher defeated three separate lawsuits seeking to stop or delay the project. Recognizing that prompt resolution was nearly as important as winning, the Gallagher team moved these cases as quickly as possible through the trial court, the intermediate appellate court, and the state’s highest court to a final and successful resolution. The project was not delayed. Gallagher prevailed in a $20 million will-contest case. After a month-long trial, the jury ruled in favor of our client finding no fraud, as was alleged, and upholding the disputed will. After achieving this victory, in a second lawsuit, Gallagher again prevailed, recovering damages to help our client pay the estate taxes. Click to read "Peter Keith Wins Will Contest Litigation." Gallagher successfully represented Reaching Hearts International, a religious organization, in a two-week federal jury trial that resulted in a $3.7 million jury verdict on claims under the Equal Protection Clause of the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act (RLUIPA). Click to read the news report or Reaching Hearts Intern., Inc. v. Prince George's County. Gallagher represented a Montgomery County hospital in its successful quest to develop a state-of-the-art cardiac surgery, research, and training program, despite intense opposition from other hospitals wanting to initiate this service and from hospitals already providing cardiac surgery care. This ten-year legal battle included three decisions by the Court of Appeals (Maryland’s highest court), one decision by the Court of Special Appeals, five Circuit Court cases, and three contested administrative proceedings. Click to read "Legal Victory Makes State-of-the-Art Program Possible." Gallagher accepted the difficult undertaking of saving a man's life in a death penalty case. Convicted of first-degree murder and sentenced to death, Kenneth Lloyd Collins had exhausted all of his state court appeals. Leading a team of attorneys, Gallagher's Peter Keith represented Mr. Collins in challenging the adequacy of prior counsel, the sufficiency of evidence, and other issues in a long series of post-conviction proceedings in the federal and state courts. After briefing and a hearing, the court vacated the original death sentence and imposed a new sentence of life imprisonment plus 40 years. Click to read "Peter Keith Rescues Client from Death Row." Group Members