Recent Articles from All Practice Groups

Client Alert: Canova Land and Investment Company v. Carolyn Lynn

This morning, the Supreme Court of Virginia interpreted a restriction contained within a 146-year-old deed as not being an unreasonable restraint on alienation. In Canova Land and Investment Company v. Carolyn Lynn, the Supreme Court analyzed whether ancient deed restrictions, undiscovered by a subsequent lender, vitiate the security for its loan. In 1875, Edna and Levi Lynn granted a deed to ... Read More

SCOTUS Opinion: Court Lifts Restrictions On In-Home Religious Gatherings

As part of its effort to combat COVID-19, California enacted a policy limiting in-home religious gatherings to no more than three households. Several California pastors filed suit and asked that the courts enter an injunction preventing the application of the policy as a violation of their First Amendment religious rights. The district court and the Ninth Circuit rejected the application, ... Read More

Client Alert: Wilson v. Eagle National Bank

The United States District Court for the District of Maryland has allowed a complaint alleging Sherman Act violations by a lender in purported conspiracy with its internal title company and competitor title company to proceed. In Wilson v. Eagle National Bank, the Court held that allegations of horizontal price-fixing in title and settlement services, if proven true, constitute per se ... Read More

SCOTUS Opinion: Google Allowed Fair Use Of Oracle’s Java Code

After Google acquired Android, it copied about 11,500 lines of Oracle’s Java SE code without Oracle’s permission so that programmers could use it to develop apps for Android phones. Oracle filed suit arguing that Google violated its copyrights over that code. The Federal Circuit held that the copied lines were copyrightable under the Copyright Act, and reversed a jury’s determination ... Read More

SCOTUS Opinion: Facebook’s Security Feature Not A Prohibited Autodialer

The Telephone Consumer Protection Act of 1991 prohibits telemarketers from using autodialers, which “store or produce telephone numbers to be called, using a random or sequential number generator,” and then dial those numbers. Meanwhile, Facebook has a security feature that automatically texts a phone number associated with an account if that account is accessed from a new device or browser ... Read More

SCOTUS Opinion: Court Re-Institutes Federal Communications Commission’s Repeal Of Media Ownership Rules

The Telecommunications Act of 1996 requires the FCC to review its rules restricting entities from owning multiple media outlets every four years to ensure that competition, localism, and viewpoint diversity were promoted. In 2017, the FCC determined that three of its rules were no longer necessary to promote those values, and that repealing the rules would likely not harm minority ... Read More

SCOTUS Opinion: Georgia Prevails In Dispute Over Water Rights

The interstate rivers that make up the Apalachicola-Chattahoochee-Flint River Basin flow from Georgia into Florida. Florida claimed that its upstream neighbor was consuming too much of the Basin waters, resulting in downstream harm to Florida’s oyster fisheries and wildlife. The Special Master appointed to the case originally recommended dismissal of Florida’s claim for lack of redressability, but the Court requested ... Read More

Client Alert: A New Holding in the Court of Appeals of Maryland That May Affect Enforcement of Condominium Liens

Earlier this week, the Court of Appeals of Maryland held that condominium liens perfected under the Maryland Contract Lien Act cannot secure unpaid amounts which accrue subsequent to the recordation of the lien. In in re Anthony D. Walker, the Court answered a certified question from the United States Bankruptcy Court for the District of Maryland which had grappled with ... Read More

D.C. Court of Appeals Issues Decision On Condominium Lien Foreclosures And When An Appeal May Be Taken in a Consolidated Action

On March 25, 2021, the D.C. Court of Appeals issued its decision in RFB Properties II, LLC v. Deutsche Bank Company Americas (Nos. 19-CV-0529 and 19-CV-069). This decision has important ramifications on two fronts: (1) whether a party can appeal from a “final order” issued in only one of two consolidated cases; and (2) in the context of a D.C ... Read More

SCOTUS Opinion: Court Rejects Ineffective Assistance Of Counsel Claim

Despite a mountain of circumstantial evidence demonstrating that Anthony Hines killed motel worker Katherine Jenkins and stole her car and money, leading to his murder conviction in state court, the Sixth Circuit held that Hines received ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984) because Hines’ counsel failed to develop the argument that the murder might ... Read More

SCOTUS Opinion: A Police Shooting Can Constitute An Unreasonable Seizure Under The Fourth Amendment

Two officers approached Roxanne Torres while she stood near her car. They intended to question her, but she thought they were carjackers and sped away. The officers shot at Torres 13 times, wounding her twice. She crashed her car, then stole another car, and drove to a hospital 75 miles away. She was arrested the next day. Torres sued the ... Read More

SCOTUS Opinion: Court Refuses To Narrow Personal Jurisdiction Over Claims Against Global Companies

  The case of Ford Motor Co. v. Montana Eighth Judicial District Court involved two separate accidents, both resulting from alleged defects in Ford cars. Each case was brought in the state where the accident occurred. Ford argued that those state courts could not have personal jurisdiction over Ford because the cars in question were not shown to have been designed, ... Read More

A Statement from the Firm

When our firm president, John J. Matteo, wrote this statement in June of last year, he was responding to a wave of peaceful protests across the country held in response to a long history of police violence and discrimination that has harmed generations of African-Americans. Those issues have not been resolved, and as a firm we remain committed to bringing about ... Read More

National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of March 8, 2021)

 [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 pandemic and the declared national ... Read More

Client Alert: Exempt Organizations Engaged in Illegal Activities – Will They Be Held Accountable?

  In the aftermath of the January 6, 2021 insurrection, the focus has shifted to the entities that may have financed the insurrection. Thousands of individuals travelled to Washington, D.C. for the rally and insurrection, and news reports have alleged that charitable organizations may have assisted in funding the participants’ expenses. On January 13, 2021, members of the Ways and Means ... Read More

SCOTUS Opinion: Claim For Nominal Damages Saves Civil Rights Case From Mootness

In Uzuegbunam v. Preczewski, two evangelical Christian students sued their college when campus police officers shut down their attempts to evangelize in designated “free speech expression areas,” requesting injunctive relief and nominal damages for the violation to their First Amendment rights. The college decided to get rid of the challenged policies, and then moved to dismiss the case for being ... Read More

SCOTUS Opinion: Court Upholds Deliberative Process Privilege Against FOIA Claim

The Environmental Protection Agency consulted with two other government services to determine whether particular cooling water intake structures jeopardized aquatic wildlife. The services issued draft opinions that a particular rule would jeopardize certain species, which were never approved in final form. The EPA modified the rule, and the services issued a “no jeopardy” opinion. The Sierra Club sued under the ... Read More

SCOTUS Opinion: Immigrants Bear Burden Of Proving Eligibility For Discretionary Relief From Removal

The Immigration and Nationality Act allows immigrants facing an order of removal to petition for discretionary relief from that removal. To be eligible for that relief, an immigrant must show that they have not been convicted of a “crime of moral turpitude.” In Pereida v. Wilkinson, an immigrant facing such a removal order was convicted under Nebraska law for “attempted ... Read More

Client Alert: Yacko v. Mitchell

The Court of Special Appeals of Maryland has issued an opinion adverse to lenders decrying the “high volume of foreclosure cases” in which lenders “often treat these matters as routine and expect our courts to rubber-stamp the foreclosure with methodical expediency.”  In Yacko v. Mitchell, the Court noted that the Maryland Rules mandate that trial courts slow the foreclosure action ... Read More

SCOTUS Opinion: Dismissal of Claims Under Federal Tort Claims Act Bars Bivens Claims

In Brownback v. King, a student at the University of Michigan was mistaken for a fugitive and tackled and punched by two federal officers. The student sued, alleging tort claims against the federal government under the Federal Tort Claims Act, and separately sued the individual officers under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388  (1971). The district ... Read More

Client Alert: Few Tax Exempt Organizations Examined By the IRS

The Treasury Inspector General for Tax Administration (“TIGTA”) recently issued a report about its review of the Internal Revenue Service’s (“IRS”) examination of tax-exempt organizations.[1] (“TIGTA Report”) The TIGTA Report analyzed examinations conducted by the IRS during fiscal year 2019. TIGTA found that there are many obstacles to overcome in order for IRS’ examiners to detect noncompliance by ... Read More

SCOTUS Opinion: Court Deals Trump Two More Defeats

Today the U.S. Supreme Court declined to hear two appeals by former President Donald Trump, one of which may be setting up further legal troubles for him. In Trump v. Vance, the Court, without any dissent, declined to hear Trump’s last-gasp attempt to stop the Manhattan district attorney’s subpoena seeking Trump’s tax records as part of an investigation into Trump’s ... Read More

SCOTUS Opinion: Court Enjoins California’s Ban On Indoor Church Services

Due to the ongoing coronavirus pandemic, California’s governor issued several restrictions on indoor church services: (1) a 25% capacity limitation; (2) a prohibition on singing and chanting; and (3) a total prohibition on all indoor worship services. Several churches filed suit, and sought an order to preliminarily enjoin the restrictions because they violated the First Amendment. A fractured Court, by a ... Read More

Year in Review: Outcomes of Professional Licensing Board Matters in 2020

Jackson & Campbell’s Health Law Practice Group regularly represents doctors, dentists, nurses, and other healthcare providers in investigations before state licensing boards. Despite the decrease in visits to outpatient practices this year due to the pandemic, complaints against healthcare providers continued unabated. During 2020, Jackson & Campbell’s attorneys defended more than a dozen healthcare providers against complaints filed with ... Read More

SCOTUS Opinion: Judicial Review Available For Claims Under Railroad Retirement Act

  In Salinas v. United States Railroad Retirement Board, a Union Pacific Railroad employee applied for disability benefits under the Railroad Retirement Act of 1974. His first three applications were denied, but he was awarded benefits on the fourth. He then moved to reopen his third application, but the Board denied the request. The employee sought judicial review, but the Fifth ... Read More

SCOTUS Opinion: Court Thwarts Efforts To Reclaim German Artifacts

  During the Weimar Republic, a consortium of German Jewish art dealers purchased a collection of medieval relics known as the Welfenschatz for preservation. When the Nazis took over Germany, they forced the consortium to sell the relics to the government for a third of their value. Heirs of the consortium failed to recover the artifacts in Germany, so they filed ... Read More

Client Alert: Chicago Title Insurance Co. v. Allynnore M. Jen

Last Thursday, the Court of Special Appeals of Maryland issued an opinion on an insurance coverage matter that only eight (8) jurisdictions have issued a published decision on since 1951. Fortunately for the title insurer, the Court of Special Appeals sided with the majority and joined seven (7) of those jurisdictions. While the case raises other issues such as the ... Read More

National Survey of COVID-19 Medical Malpractice Immunity Legislation (as of January 20, 2021)

Last updated January 20, 2021. [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More

SCOTUS Opinion: Passive Retention of a Debtor’s Property Does Not Violate Bankruptcy Automatic Stay

After Chicago impounded their vehicles for unpaid fines, the owners filed petitions for bankruptcy. The Bankruptcy Code automatically creates an estate comprising of all of the debtor’s property interests, requires those in possession of such property to deliver it to the trustee, and creates a stay prohibiting “any act to obtain possession of the property of the estate or of ... Read More

Client Alert: Key Provisions in the Consolidated Appropriations Act of 2021

The Consolidated Appropriations Act, 2021 (“CAA 2021") was passed by Congress on December 21, 2020 and signed into law by the President on December 27, 2020.  A few highlights of the new law include the following: Small businesses with fewer than 300 employees which can establish a 25% or more drop in gross receipts during the 1st, ... Read More