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Edward M. Buxbaum
Partner
7 Saint Paul Street
Baltimore, MD 21202-1636
Phone: 410.347.9408
Fax: 410.223.4308
ebuxbaum@wtplaw.com
Awards

Ed is the Chair of the firm’s Business Litigation Section. He has represented numerous national and international companies, including DHL, Exel, Office Depot, Inc. and Kohl's Corporation, in civil litigation matters pending in Maryland State and Federal Courts. Ed also has significant experience with Insurance Coverage & Defense Litigation, Food Liability Litigation, and Accountant & Auditing Malpractice/Professional Liability. Ed has tried numerous jury trials to verdict.

Business Litigation

Tried approximately 30 jury trials to verdict.

Argued extensively in Maryland Appellate Courts and the United States Court of Appeals for the 4th Circuit.

Have represented numerous national and international companies, including DHL, Exel, Office Depot, Inc. and Kohl's Corporation, in civil litigation matters pending in Maryland State and Federal Courts.

Director & Officer Corporate Governance/Special Counsel Services

Counsel to Chapter 7 Trustee of Rowe Furniture, Inc. and the estate of Storehouse, Inc., a furniture manufacturer and retailer, in the investigation and prosecution of director and officer claims in Virginia. This matter was settled very favorably with the recovery by the Trustee of almost $7,000,000.

Special Litigation counsel to Chapter 7 Trustee in Delaware liquidation of Just for Feet, Inc. (the second largest national shoe and sporting apparel retailer) with successful litigation of claims in Alabama against the Debtors' former officers, directors, and independent accounting and auditing firm.

Counsel to multiple lenders (DDJ Capital Management, LLC; DDJ Total Return Loan Fund, LP; and Airlie Opportunity Master Fund Ltd.) in joint pursuit of claims against an international auditing firm and the directors and officers of an automobile parts reconditioning company in the Supreme Court of New York Commercial Division seeking approximately $50 million in damages. Case settled with a favorable settlement for our clients.

Counsel to Liquidating Trustee in investigation and pursuit of claims against officers and members of In re Shapes/Arch LCC, an aluminum extrusion industrial company, and its affiliates in New Jersey.

Insurance Coverage & Defense Litigation

Represent numerous insurers with regard to insurance coverage litigation and the provision of insurance coverage opinion letters.

Represent Maryland's Property & Casualty Insurance Company in coverage and defense matters relating to the insolvency of insurers in the state.

Food Liability Litigation

Defended a Baltimore restaurant in litigation arising out of a customer, diagnosed with typhoid fever, who claimed to have contacted the disease as a result of eating in our client's establishment. Despite the fact that subsequent testing revealed that a worker in the restaurant was an unknowing and asymptomatic carrier of the disease, that same testing established that the plaintiff's disease pattern differed significantly from that of the food service worker. The case was tried before a Baltimore City jury which returned a defense verdict resulting in the complete exoneration of the restaurant, and the verdict was upheld on appeal.

Accountant and Auditing Malpractice/Professional Liability

Special Litigation Counsel to Litigation Trust in a professional liability action in Maryland against a worldwide accounting firm arising from an international airline's (Tower Air, Inc.) liquidation in New York and Delaware.

Appellate

Moscarillo v. Property and Casualty Guaranty Corporation, et al - Maryland Court of Appeals (Published Opinion) -- Representation of Appellee in an insurance coverage dispute. Court of Appeals affirmed both the trial court and the Court of Special Appeals in finding that there was no duty to defend the Insured because there was no potentiality of coverage for the intentional acts asserted in the underlying case.

Lerner Corporation v. CNA Insurance Company, et al - Maryland Court of Special Appeals (Published Opinion) -- Representation of an Appellee in an insurance coverage dispute. This opinion serves as the seminal case in Maryland regarding whether a Commercial General Liability (CGL) policy will cover an Insured for damages arising out of defective workmanship. The Court of Special Appeals, in affirming the rulings below, held that the costs to repair defective work itself, as opposed to unexpected personal injury or property damage, are not covered.

Offen v. Brenner - Maryland Court of Appeals on Certified Question from the United States Court of Appeals for the 4th Circuit (Published) -- Representation of Appellant in a defamation case involving the applicability of Absolute Privilege in the context of an administrative proceeding. Court ruled on the certified question favorable to our client and remanded the case back to the 4th Circuit for further proceedings.

Rosenthal v. Property and Casualty Insurance Guaranty Corporation - Maryland Court of Special Appeals -- Representation of the Guaranty Fund in an insurance coverage dispute wherein the Court of Special Appeals affirmed the trial court's ruling that attorney fees incurred by defense counsel in an underlying lawsuit are not "covered claims" under the Guaranty Fund statute and thus are not the responsibility of the Guaranty Fund.

Metz v. D'Alesio's of Little Italy, Inc. - Maryland Court of Special Appeals -- Representation of a restaurant in an appeal by the plaintiff subsequent to a defense verdict in an alleged food liability case tried before a  jury in the Circuit Court for Baltimore City. Appeal focused on certain evidentiary issues, specifically the "Public Records" exception set forth in Maryland Evidence Rule 5-803(b)(8).  Court of Special Appeals affirmed the ruling below in finding that the trial court correctly excluded from jury consideration various opinions and conclusions, as opposed to facts, contained in a report generated by The Maryland Department of Health and Mental Hygiene.

Recognitions

Listed as a "Local Litigation Star" in Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms and Attorneys, 2010

Listed in Maryland Super Lawyers, 2009 - present; Named among "Top 50 / Top 100 Maryland Lawyers," 2011, 2012, 2013 and 2014

Listed in Best Lawyers in America for Commercial Litigation and Insurance Law, 2012-present

AV Peer Review Rated: Martindale-Hubbell

Memberships & Activities

Member:  Maryland State Bar Association

Member:  District of Columbia Bar Association

Chair: Business Litigation Section

Member:  Bar Association of Baltimore City; ADR Committee; Bench Bar Committee

Member:  Baltimore County Bar Association

Member:  Defense Research Institute

Member:  Maryland Defense Trial Counsel

Volunteer Settlement Judge: Baltimore City Circuit Court

Education

  • American University, Washington College of Law (J.D. 1984)
    • Note and Comment Editor, The American University Law Review 1983-1984
  • Tufts University (B.S. 1980) magna cum laude