Recent Articles from All Practice Groups

A Fond Farewell to Times New Roman: DEI Committees Recommend Changing to a Sans Serif for Accessibility

In May of 2020, Jackson & Campbell adopted a new policy for all firm communications: it replaced Times New Roman font with Calibri, a more accessible and easier-to-read font. If high-tech scanners had trouble reading Times New Roman font, chances were that some of the people reading our communications also found difficulty in reading that font. Earlier this ... Read More

Jackson & Campbell attorneys Arthur D. Burger and Caroline Lee-Ghosal to teach D.C. Bar CLE on legal ethics on March 15, 2023.

On March 15, Arthur D. Burger and Caroline Lee-Ghosal will teach a D.C. Bar CLE course on legal ethics issues. This course, a follow-up to one they taught in 2022, provides commentary on a series of video vignettes that present fact scenarios for ethical dilemmas that lawyers often face. The course will be presented in-person and will also be available through ... Read More

Massachusetts Supreme Judicial Court Declines to Find Common-Law Duty for Insurer to Cover Mitigation Costs

In Ken’s Foods, Inc. v. Steadfast Insurance Co, Case No. SJC-13303 (Mass. Jan. 6, 2023), the Supreme Judicial Court of Massachusetts issued an opinion holding that there is no common law duty for insurers to cover mitigation costs incurred by an insured when the terms of the policy at issue are unambiguous and do not provide for such coverage. The ... Read More

Maryland and Virginia appellate courts issue decisions on statutory interpretation

In the Maryland case of Elsberry v. Stanley Martin Companies, LLC, the purchasers of a single-family home in Charles County filed suit alleging that the seller improperly imposed an amortized water and sewer charge for a period of thirty years after the date of the initial sale. The homeowners filed suit contending that Md. Code Real Prop. § 14-117 ... Read More

Dismissal – forum non conveniens: Foreign medical malpractice plaintiff’s choice to pursue a claim in D.C. outweighed by public and private interest factors in favor of the forum where alleged negligence occurred.

Attorneys Crystal Deese and Benjamin Harvey secured dismissal of a medical malpractice case from D.C. Superior Court on forum non conveniens grounds. Defendants’ motion was successful despite the fact that the defendant hospital system was incorporated in the District and its nurse employee was licensed in both the District and in Maryland. The court weighed the private and public interest ... Read More

Massachusetts Federal Court Upholds Denial of Coverage for Defense Costs Under an Excess Policy Because Insured Failed to Provide Timely Notice Under a Claims-Made and Reported Policy

In President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., Harvard University filed suit against Zurich American Insurance Company for defense costs under an excess claims made and reported policy. The United States District Court for Massachusetts sided with Zurich and found that the University failed to timely satisfy the notice requirements ... Read More

California Appellate Court: “Other Insurance” Dispute Resolved by Reference to Plain Meaning of Policy Terms

In an unreported decision issued on September 8, 2022, the California Court of Appeal resolved a priority of coverage dispute for an underlying settlement when it found that one excess carrier’s reference to the primary policy in its definition of Underlying Limits entitled another excess carrier with no such reference to equitable subrogation. Read about this case here: ... Read More

Arthur Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, is quoted by Bloomberg Law in its October, 25, 2022 Litigation newsletter

Arthur Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, is quoted by Bloomberg Law in its October, 25, 2022 Litigation newsletter as a legal expert with respect to a ruling by a federal judge in Pennsylvania, sanctioning a lawyer for plagiarizing from an argument by opposing counsel in the same case ... Read More

Lack of Standing: Failure to disclose dooms med-mal claim

Attorneys Crystal Deese and Sarah Godfrey recently secured a case law setting win on behalf of Northern Virginia Eye Surgery Center in the Circuit Court of Fairfax County when a shocking eve-of-trial discovery resulted in the suspension and ultimate dismissal of the entire case before opening arguments could even be heard. When defense counsel uncovered a bankruptcy petition, filed by the ... Read More

Client Alert: New D.C. Law Narrows the Sweeping Ban on Non-Competes

Following harsh criticisms from the local business community, the D.C. Council has enacted an amendment to the near-total ban on non-competes that was set to go into effect.  The amended law, which goes into effect October 1, 2022, prohibits D.C. employers from imposing non-compete provisions on individuals who are not highly-compensated employees.  A more detailed look at the amendment is ... Read More

Court of Special Appeals of Maryland affirms quiet title dismissal and vacates public road decision

The Court of Special Appeals of Maryland vacated a trial court determination that a public road was not established where St. Mary’s County contended that it closed the roadway and no longer maintained the parcel. In Wilkinson v. Board of County Commissioners, the Court noted the trial court had “blurred” methods establishing public roads ... Read More

Christopher P. Ferragamo elected as a Fellow in the American College of Coverage Counsel

Jackson & Campbell, P.C. is pleased to announce that Director Christopher P. Ferragamo has been elected as a Fellow in the American College of Coverage Counsel. The American College of Coverage Counsel, established in 2012, is comprised of over 370 preeminent coverage and extracontractual counsel in the United States and Canada, representing the interests of both insurers and policyholders. Mr ... Read More

A Legislative Solution for Conservation Easements

A Legislative Solution for Conservation Easements:  Jackson & Campbell’s Tax Chair, Nancy Ortmeyer Kuhn, provides insightful commentary on charitable conservation easements and the proposed tax legislation that caps charitable deductions for taxpayers.  She also discusses the Supreme Court’s recent decision in West Virginia v. EPA, and how that may impact Treasury Regulations. Read more here: CE Legislation Article ... Read More

Massachusetts High Court Rules that a Business Owners Liability Policy Does Not Cover Attorney’s Fees Awarded under the Massachusetts Consumer Protection Statute

On July 6, 2022, the Supreme Judicial Court of Massachusetts determined that an award for attorney’s fees under the Massachusetts consumer protection statute, M.G.L. c. 93A (“Chapter 93A” or “the statute”), was not covered under a business owners liability policy because attorney’s fees awarded under the statute do not constitute damages “because of” bodily ... Read More

Celebrating Pride Year-Round

Whether you are a member of the LGBTQ+ community, a friend or an ally, or someone who wants to know more about Pride, celebrating Pride in the workplace should not just be celebrated once a year, but something to honor year-round. June is a particularly important month for the LGBTQ+ community, as it marks what is historically considered ... Read More

Undisclosed Bankruptcy can be fatal to Plaintiff’s Medical Malpractice case

On June 6, 2022, Crystal Deese and Sarah Godfrey appeared in the Circuit Court for Fairfax County, Virginia, for Day 1 of what was supposed to be a 5-day jury trial.  Plaintiff had filed a suit against our client, a medical practice, claiming $2.3 million in past and future damages after a routine cataract surgery allegedly rendered her ... Read More

Diversity 2.0- How Juneteenth Continues to Contribute to Workplace Diversity Initiatives

June 19, or Juneteenth, marks the commemoration of the date on which the full force of the Emancipation Proclamation was finally realized and legal slavery in America brought to an end. Despite the fact that the Emancipation Proclamation was issued on January 1, 1863, news of its issuance was delayed and did not reach enslaved Americans until June 19, 1865 ... Read More

California Governor Signs Legislation Raising Non-Economic Damages Cap on Medical Malpractice Awards

On May 22, 2022, California Governor Gavin Newsom signed into law Assembly Bill 35 (“A.B. 35”) resulting in major changes to the state’s Medical Injury Compensation Reform Act (“MICRA” or “the Act”). These changes include among other changes, an increase to the cap of noneconomic damages awarded to plaintiffs in medical malpractice lawsuits. Originally enacted in 1975, MICRA established a ... Read More

When to Hang Up the Phone—Hazards of Talking to Prospective Clients

Arthur D. Burger, Chair of the Firm’s Professional Responsibility Practice Group, has an article published in today’s Bloomberg Law relating to legal ethics and law firm practices when communicating with “prospective clients.” See attached in a BLaw Insight here. Reproduced with permission. Published May 5, 2022. Copyright 2022 The Bureau of National Affairs, Inc. 800-372-1033. For further use, please visit  ... Read More

Court of Special Appeals of Maryland finds ambiguity in easement and reversed trial court order to demolish dwelling

This week, the Court of Special Appeals of Maryland found an ambiguity in an open space and conservation easement and reversed a trial court’s grant of summary judgment. In Roxbury View, LLC v. Edward McCauley, the Court held that Maryland Environmental Trust’s victory at the trial court – mandating that a new residential dwelling be demolished within six (6) months ... Read More

Nancy Ortmeyer Kuhn on the latest development regarding charitable conservation easements

Is the Supreme Court likely to take up a tax case regarding a clear split between the 6th and 11th Circuits regarding conservation easements? Read an analysis in this Bloomberg article written by our own attorney, Nancy O. Kuhn. Conservation Easements: A Circuit Split on the Validity of a Treasury Regulation Adds to Uncertainty for Donors   ... Read More