Hermes, Netburn, O'Connor & Spearing,P.C.
Hermes Netburn Attorneys, Scott S. Spearing and Stephen Ryan, Jr., Obtain Decision on Behalf of Surety Company in Maryland Court of Special Appeals

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Hermes Netburn Attorneys, Scott S. Spearing and Stephen Ryan, Jr., Obtain Decision on Behalf of Surety Company in Maryland Court of Special Appeals

3/1/2015

(Boston, MA - March 1, 2015) – Hermes Netburn attorneys, Scott S. Spearing and Stephen Ryan, Jr. obtained an important decision for one of the firm's surety company clients in the Maryland Court of Special Appeals.  The case clarifies the law in an unsettled area and helps sureties to better understand their rights and obligations where separate judgments exist with respect to the merits and attorneys' fees.

In this decision, the Maryland Court of Special Appeals vacated a judgment upon a supersedeas bond (also known as an appeal bond) covering a statutory award of attorneys' fees.  The ruling shows that the plaintiff may not enforce the bond where the underlying judgment has been reversed and vacated, thus rendering the plaintiff no longer a "prevailing party" entitled to statutory fees.  This result should provide guidance to sureties in determining their duties within this jurisdiction, and also serves as an exemplar of how other jurisdictions should handle the issue.  The firm is proud to be part of this important clarification.

Scott S. Spearing is a shareholder and founding member of Hermes, Netburn, O'Connor & Spearing, P.C. and is a key member of Hermes Netburn’s risk management practice.  Scott’s national and international clients turn to his expertise in coordinating insurance and risk management legal activities within a multi-layered corporate structure, including negotiating cyber policies providing coverage for losses relating to data security and electronic communications.

Stephen Ryan, Jr. is an associate at Hermes Netburn who litigates civil actions in state and federal courts at both the trial and appellate level.  He handles a broad range of commercial disputes for clients including insurers, financial institutions, commercial lenders, corporations and individuals.  His experience includes defending insurers in coverage disputes, enforcement of secured and unsecured commercial loans, litigating the enforceability of negotiable instruments and guaranties, construction disputes, products and premises liability cases, and consumer protection violations.
 

About Hermes, Netburn, O’Connor & Spearing, P.C.
Hermes, Netburn, O’Connor & Spearing, P.C. is a Martindale-Hubbell AV-rated boutique firm located in the heart of Boston, where attorneys practice at the top of their fields.  They staff their matters leanly, believing that talent, experience and efficiency are more effective than a large, unwieldy team even on the biggest cases.  In this way, every attorney takes ownership of the entire matter, ideas are communicated and strategy developed promptly, and their clients can be sure that our fees reflect the quality of services they receive.