Month: April 2019
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SCOTUS Opinion: Federal Tort Claims Act Does Not Shield The Tennessee Valley Authority From Tort Suits
Congress created the Tennessee Valley Authority (TVA) as a wholly owned public corporation of the United States to promote the economic development of the Tennessee Valley, and established that it could “sue and be sued in its corporate name.” One day, TVA workers were raising a power line that had fallen into the Tennessee River when Gary Thacker speedily drove ... Read More
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April Real Estate Update | Elm Cabin John, LLC v. United Bank
On April 19, 2019, Judge Messitte of the United States District Court for the District of Maryland issued an unpublished opinion in Elm Cabin John, LLC v. United Bank that is certainly noteworthy for real estate practitioners. In this matter, Ms. Nancy Long owned three parcels in Montgomery County. As an individual in her 80s during the subject transactions, she is ... Read More
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DC Circuit Applies Discovery Rule To Erroneous Land Surveys Of Commercial Land
The case of Commonwealth Land Title Insurance Company v. KCI Technologies, Inc., concerns a title insurance company’s suit against two surveyors whose surveys failed to find a 12-inch encroachment on a parcel of commercial real property. Before purchasing the property, ICG 16th Street Associates commissioned a land survey that found no encroachment. The next year, it purchased the property ... Read More
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SCOTUS Opinion: Ambiguous Arbitration Provision Not Sufficient To Compel Class Arbitration
In a 2010 case, the U.S. Supreme Court ruled that a court could not compel class arbitration under the Federal Arbitration Act when the agreement was silent on that issue, since class arbitration was fundamentally different from “traditional individualized arbitration.” In Lamps Plus, Inc. v. Varela, the arbitration provision did not expressly state that the parties agreed to ... Read More
Congratulations to our Attorneys and Practice Groups
Jackson & Campbell, P.C. is proud to announce our 2019 Super Lawyers. Please join us in celebrating Nathan J. Bresee, Richard W. Bryan, Arthur D. Burger, David H. Cox, William E. Davis, Christopher P. Ferragamo, Robert N. Kelly, James N. Markels, Nicholas S. McConnell, and Brian W. Thompson; and ... Read More
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Conservation Easements: Saving Our Green Spaces or Illegal Tax Shelters?
A property owner who donates an easement of his or her property to a charitable organization for conservation or historical purposes is permitted to take a charitable deduction for the value of that donated property easement. The statutory requirements are set forth in Internal Revenue Code §170(h). There are many conservation easements that are fulfilling the intent of the legislation ... Read More
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Changes to Paid Leave Policy Go into Effect for District of Columbia Employers
Employers in Washington, D.C. have been waiting for the Universal Paid Leave Amendments Act of 2016 (the Act) to go into effect. Much to the chagrin of many small employers, that time is here. The Act creates a mandatory, employer-funded, paid leave program, which provides up to eight weeks of paid leave to covered employees working in the District of Columbia ... Read More
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Tax Filing Deadlines – A Good Time to Confirm Other Compliance Issues for Businesses
Corporations, limited liability companies (LLCs), and other business entities are certainly aware of tax filing deadlines in the month of April, but tax season is also a good time to perform a business audit for other important dates, including applicable state and local requirements and personal property return deadlines. It is also advisable to review other corporate compliance issues, such as ... Read More
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SCOTUS Opinion: Refusal To Produce Vocational Data Not Preclusive Of Effect On Worker’s Social Security Claim
In Biestek v. Berryhill, Michael Biestek applied for Social Security disability benefits, claiming he could no longer work due to physical and mental ailments. His case was heard by an administrative law judge (ALJ), who analyzed whether there was other work Biestek might be able to perform. The Social Security Administration offered the testimony of a vocational expert as ... Read More
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SCOTUS Opinion: Court Rejects As-Applied Challenge To Execution By Pentobarbital
After being convicted of murder in Missouri, Russell Bucklew was set to be executed through the lethal injection of the sedative pentobarbital. He raised an as-applied challenge, arguing that he suffered from a medical condition that would result in extreme pain if he received the pentobarbital. Bucklew suggested that he be executed through nitrogen hypoxia instead, which had never been ... Read More
What’s in a Name? Well-Known Insurance Coverage Case Concepts That All Claims Handlers and Insurance Coverage Professionals Should Know
By Christopher P. Ferragamo and Susan Knell Bumbalo “You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney, if you cannot afford one, one will be provided to you …” Anyone that has ever watched a crime drama ... Read More
TAGGED: Insurance Coverage Case Concepts, Insurance Coverage Professionals, Miranda rights, Allocation Concepts, Boston Gas Allocation, Carter Wallace Allocation, Keene Allocation, Keyspan Gas East Rule, Lamb-Weston Rule, Holt Demand Letter, Rova Farms Claim, Shamblin Demand, Stowers Demand, Tyger River Doctrine, Morris and Damron Agreements, Bashor and Nunn Agreements, Bashor Agreement, Nunn Agreement, Coblentz Agreement, Miller-Shugart Agreement, Truck Insurance (or “537.065”) Agreement, Truck Insurance Agreement, 537.065 Agreement, Buss Rule, Cumis Counsel, Monstrose (Known Loss) Doctrine, Peppers Counsel, Peppers Doctrine, Mighty Midgets Rule, White Waiver, Wilton/Brillhart Abstention Doctrine