43 F.3d 918 (4th Cir. 1995), 94-1530, Labram v. Havel

Docket Nº:94-1530.
Citation:43 F.3d 918
Party Name:Susan LABRAM; Bart Labram, Plaintiffs-Appellants, v. James HAVEL, Defendant-Appellee.
Case Date:January 10, 1995
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

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43 F.3d 918 (4th Cir. 1995)

Susan LABRAM; Bart Labram, Plaintiffs-Appellants,


James HAVEL, Defendant-Appellee.

No. 94-1530.

United States Court of Appeals, Fourth Circuit

January 10, 1995

Argued Nov. 4, 1994.

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ARGUED: Keith Alan Rosenberg, Meyer, Faller, Weisman & Rosenberg, P.C., Washington, DC, for appellants. Dorothy Regina Fait, Fait & Malament, Rockville, MD, for appellee. ON BRIEF: M. Patricia Morrison, Colorado Springs, CO, for appellants.

Before WILLIAMS and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge WILLIAMS and Judge MICHAEL joined.

PHILLIPS, Senior Circuit Judge:

Susan and Bart Labram appeal the district court's grant of a Rule 12(b)(6) dismissal of her claims of sexual molestation, breach of fiduciary duty and constructive fraud, and his claim of loss of consortium. Reviewing the grant of a Rule 12(b)(6) dismissal de novo, Revene v. Charles County Comm'rs, 882 F.2d 870, 872 (4th Cir.1989), we affirm in part, vacate in part, and remand.


The Labrams' complaint alleged the following facts. During the summer of 1972, Susan Labram, then single, visited her sister and her husband James Havel at their home in Nevada for a period of about three months. At that time, Susan was almost eighteen years old. During that summer, Havel engaged in nonconsensual sexual relations with Susan at his home in Nevada, and in California, where the family vacationed for one week. Some two years later, Havel forced Susan to engage in sexual intercourse when Havel visited her at college in Michigan.

Some time later, Susan married Bart Labram and later gave birth to a daughter. In August 1992, because of her daughter's behavioral problems, Susan underwent psychotherapy. As a result of this psychotherapy, Susan realized for the first time the wrongfulness of Havel's conduct and the causal relationship between the alleged conduct and her own emotional and marital difficulties. In July 1993, Susan and Bart Labram brought their action against Havel. In a four-count complaint, Susan claimed sexual molestation, breach of fiduciary duty and constructive fraud, while her husband Bart claimed loss of consortium, all based on the incidents of nonconsensual sexual intercourse

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that allegedly had occurred in Nevada, California, and Michigan. Havel moved under Rule 12(b)(6) for dismissal of the action on two separate grounds: first, that the Labrams' claims were time barred and second, that the Labrams had failed to allege facts sufficient to state claims for relief. Considering Maryland limitations law to control on the untimeliness ground, the district court ruled that discovery would be required to resolve that issue. 1 Without ruling on that issue, the court then granted Havel's motion to dismiss all of the claims in the complaint, except that for loss of consortium, on other grounds. In a memorandum opinion, the district court pointed to the...

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