Month: March 2022
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Summary judgment granted in premises case. Res ipsa loquitur inapplicable where mode of claimed injury required expert support.
Edward Sedlacek & Crystal Deese obtained summary judgment for their hospital client against a Plaintiff suing for premises liability and res ipsa loquitur. Plaintiff claimed to have received an electrical shock forceful enough to fracture two different bones. None of the medical experts agreed that electricity caused these twisting type fractures. The court rejected Plaintiff’s argument that a lay jury ... Read More
TAGGED: Premises Liability, Health Care, litigation, res ipsa loquitur
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Using Intrafamily Loans to Transfer Wealth and Reduce Estate Taxes
With current interest rates at near-historic lows, intrafamily loans remain an effective way to shift wealth to the next generation while avoiding estate and income tax consequences. Such loans can be part of a complex estate planning strategy, including the transfer of a closely-held family business. However, they can also be used as a simple mechanism to assist children with ... Read More
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No Jurisdiction in Medical Malpractice Plaintiff’s Home State
The Health Law Practice Group recently secured dismissal for a local hospital sued in Plaintiff’s home state on jurisdictional grounds. The patient sued a facility with offices located in D.C., Maryland, and Virginia. Plaintiff filed suit in his home state of Pennsylvania claiming his injury manifested there. However, the care at issue was rendered in Maryland weeks before any injury manifested. ... Read More
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DC Council Extends Foreclosure Moratorium, Shortens TOPA Tolling Period
In October 2021, D.C. Council provided Mayor Bowser, under Act 24-178 1 , the power to extend the foreclosure moratorium from November 5, 2021, to February 4, 2022. 2 The purpose of this extension was to allow the Housing Assistance Funds (‘HAF”) Program to be implemented. The goal of the HAF program is to prevent mortgage ... Read More
TAGGED: TOPA, Real Estate Law, foreclosure moratorium, COVID Policy
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Texas High Court: Extrinsic Evidence Permissible in Limited Exception to Eight-Corners Rule
In a decision issued on February 11, 2022, the Texas Supreme Court, responding to a certified question from the United States Court of Appeals for the Fifth Circuit, held that extrinsic evidence can be considered in determining an insurer’s duty to defend in limited circumstances. In Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp., the United States Court of Appeals ... Read More