Legal Opinion

Brandon Berkenfeld v. Gary Lenet

Court of Appeals for the Fourth Circuit

Decided April 8, 2019No. 18-1106PublishedCited by 7 opinions

1Opinion of the Court

WYNN, Circuit Judge:

Plaintiffs Brandon Berkenfeld, Sandra Ricki Diamond, and Barbara Holland-Eytan allege that negligent advice from Defendants-their financial advisor, Gary Lenet, and his employer, Morgan Stanley & Co., LLC-resulted in less favorable tax distribution options on their annuities inherited from the estate of Claire Blumberg. The district court found that Plaintiffs were barred from recovery under Maryland's contributory negligence law. But Maryland has a high bar for taking questions of contributory negligence from a factfinder and Plaintiffs' evidence offers a basis for a…

2Cases cited19 opinions

  1. Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
  2. Brian C. Lee, Sr. v. Town of SeaboardCourt of Appeals for the Fourth Circuit · 2017
  3. Tyrone Andrews v. J. M. Daw, in His Individual CapacityCourt of Appeals for the Fourth Circuit · 2000
  4. Harrison v. Montgomery County Board of EducationCourt of Appeals of Maryland · 1983
  5. Baltimore Gas & Electric Co. v. FlippoCourt of Appeals of Maryland · 1998

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3Cited by7 opinions

  1. Alcantar v. Costco Wholesale CorporationDistrict Court, D. Maryland · 2023
  2. Beach Mart, Inc. v. L&L Wings, Inc.Court of Appeals for the Fourth Circuit · 2019
  3. Davis v. Home Depot USA, Inc.District Court, D. Maryland · 2022
  4. Erie Insurance Property & Casualty Company v. James CooperCourt of Appeals for the Fourth Circuit · 2025
  5. Lockard v. Star Coaches, Inc.District Court, D. Maryland · 2021

2 more not listed; retrieve them via the Exa API.

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