Month: February 2020

Health Law Practice Group Privileged to Serve MedStar Washington Hospital Center

Earlier this month, Jackson & Campbell, P.C.'s Health Law Practice Group obtained a defense verdict in a malpractice case alleging that a patient suffered permanent nerve damage during a lower left wisdom tooth extraction. She alleged the surgical technique and procedure choice were improper and denied giving her informed consent to the procedure. After a six day trial, the... Read More >

SCOTUS Opinion: Court Strictly Interprets “Actual Knowledge” For ERISA Limitations Period

Under the Employee Retirement Income Security Act of 1974, a person with “actual knowledge” of an alleged fiduciary breach by the administrator of a pension plan must file suit within three years of gaining such knowledge—otherwise, a six-year limitations period applies. In Intel Corp. Investment Policy Committee v. Sulyma, Intel argued that its former employee filed such a claim... Read More >

SCOTUS Opinion: Criminal Defendant Preserves Appellate Claim by Arguing for Lesser Sentence

Under Federal Rule of Criminal Procedure 51(b), a criminal defendant wishing to “preserve a claim of error” for appeal must inform the trial judge “of the action the party wishes the court to take, or the party’s objection to the court’s action and the grounds for that objection.” In Holguin-Hernandez v. United States, when prosecutors sought a sentence of... Read More >

SCOTUS Opinion: Court Rejects Comparison of State Offenses to Generic Offenses for Armed Career Criminal Act Enhancement

The Armed Career Criminal Act mandates a 15-year sentence for defendants that have prior convictions for a “serious drug offense” that “involve[es] manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance.” Eddie Lee Shular had six prior Florida convictions for selling and possessing cocaine with intent to sell. The federal trial court deemed those to be... Read More >

February Real Estate Update | Gan v. Van Buren Street Methodist Church

On February 13, 2020, the District of Columbia Court of Appeals issued an opinion which expressly declined to follow a troubling earlier decision regarding tacking in the context of adverse possession. The decision is significant because the Court clarified the confusing and contradictory prior decision, which muddied the adverse possession waters in Washington, D.C. In Gan v. Van Buren Street Methodist... Read More >

SCOTUS Opinion: Court Permits Appellate Review of Added Mitigating Factor in Death Penalty Case

After James McKinney was convicted of two counts of first-degree murder, the trial court sentenced him to death upon the finding that he had two aggravating circumstances for each such murder. Twenty years later, a narrowly divided en banc Ninth Circuit reversed upon habeas review, holding that the state courts had not properly considered McKinney's post-traumatic stress disorder as a... Read More >

SCOTUS Opinion: Court Strikes Down The “Bob Richards Rule”

The IRS allows affiliated corporations to file a group tax return. When the IRS issues a tax return to the group as a whole, federal law does not describe how to allocate the funds. The Ninth Circuit created a rule for that when it decided In re Bob Richards Chrysler-Plymouth Corp., 473 F.2d 262 (1973). The "Bob Richards Rule" mandated... Read More >

SCOTUS Opinion: Court Declines To Extend Bivens To Allow Suit Against Border Agent For Shooting

U.S. Border Patrol agent Jesus Mesa, Jr. shot 15 year-old Sergio Adrian Hernandez Guereca while Mesa was on U.S. land, and Hernandez had run back across onto Mexican soil. Hernandez's family sued Mesa under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), which permits damages claims against federal agents even though no federal statute authorized the claim... Read More >

SCOTUS Opinion: Infant’s “Habitual Residence” Not Determined by Agreement of the Parents

The Hague Convention requires that a child wrongfully removed from her country of "habitual residence" must be returned to that country. In Monasky v. Taglieri, an infant was born in Italy to an American mother and Italian father. The relationship was abusive, and the mother soon relocated to America, taking the child with her. The father moved to have... Read More >

SCOTUS Opinion: Court Enforces Removal Jurisdiction In Vacating Orders Against The Catholic Church

The case of Roman Catholic Archdiocese of San Yuan, Puerto Rico v. Feliciano concerned complaints filed by employees of Catholic schools in Puerto Rico alleging wrongful termination of their pension plan. Initially, the Puerto Rico trial court determined that the Roman Catholic and Apostolic Church in Puerto Rico was the proper entity that owed obligations to the plan, and... Read More >

Davis v. Echo Valley Condominium Association, 945 F.3d 483 (6th Circuit Court, December 19, 2019)

In a recent case before the U.S. Court of Appeals for the Sixth Circuit, the court heard a matter involving the intersection between fair housing law and community association governance. In this case, Phyllis Davis purchased a second-floor unit in a four-unit condominium building within the Echo Valley Condominium Association in Farmington Hills, Michigan. Davis suffers from asthma and chemical... Read More >