Recent Articles from All Practice Groups

Court of Appeals of Virginia opens door to second round of easement litigation

The Court of Appeals of Virginia affirmed the denial of an implied easement absent evidence of its location but may have encouraged the parties to further litigate the issue. In Morris v. Parker, the central issue initially before the trial court was whether the Morrises had established an implied easement to use a platted ... Read More

Arthur D. Burger to sit on American University Law Review Symposium Panel

Arthur D. Burger, Of Counsel at Jackson & Campbell P.C.,  will sit on a panel at the American University Law Review Symposium on artificial intelligence on February 9, 2024, from 3:15 p.m. to 4:35 p.m., addressing how the principles of legal ethics will adapt to the use of this burgeoning technology by lawyers and law firms. The program will be ... Read More

New York Appellate Court Concludes That Insurer Waived Coverage Defense by Failing to Timely Deny Coverage

Courts in many jurisdictions generally recognize that coverage for an otherwise uncovered claim cannot be created through the doctrine of waiver.  A New York appellate court has recently taken a different approach. In Titan Indus. Servs. Corp. v. Navigators Ins. Co., 2024 NY Slip Op 00041 (App. Div. Jan. 4, 2024), the New York ... Read More

Upcoming DC Bar CE Course: Discussing Common Ethical Dilemmas Today’s Attorneys Face

Join Arthur D. Burger and Caroline Y. Lee-Ghosal for an upcoming CE class through the DC Bar, "Discussing Common Ethical Dilemmas Today's Attorneys Face". The class will take place on February 13 from 6:00 PM - 8:15 PM EST. This interactive class uses a series of video vignettes that the Association of Professional Responsibility Lawyers (APRL) has produced that APRL designed ... Read More

Fifth Circuit Proposes Expansive AI Disclosure Rule

After a pair of New York attorneys were aggressively sanctioned in June by a federal district court for submitting wholly fictional case citations they obtained from ChatGPT, lawyers, and legal scholars around the country, have rapidly become more aware of the dangers associated with irresponsible use of artificial intelligence and generative algorithms. Now, one federal appellate circuit court ... Read More

Maryland Appeals Court gives Defendants Burden of Proving Apportionment of Damages

In Williams v. Dimensions Health Corp., No. 0036, 2023 WL 5523951 (Md. App. Ct. Aug. 28, 2023), defendant challenging damages as having a proximate cause other than its negligence has the burden of proving apportionment. Plaintiff claims his physician negligently caused a right leg amputation after a car accident.  The MVA – not ... Read More

United States District Court for the District of Maryland grants summary judgment on 3(a) exclusion

Earlier this week, the United States District Court for the District of Maryland granted, in part, summary judgment against a title insurer for failing to provide a defense to an underlying fraud and conspiracy action. In Sharestates Investments, LLC v. WFG National Title Ins. Co., the Court reaffirmed that the duty to defend is significantly broader than the duty to ... Read More

Virginia Court of Appeals Rules that Statements Made by Decedent to His Heirs About the Cause of His Fall at a Hospital Were Sufficiently Collaborated by Statements Made to Disinterested Witnesses to be Admissible Under the Dead Man’s Statute

In Bon Secours-DePaul Med. Ctr., Inc. v. Rogakos-Russell, No. 1134-22-1, 2023 WL 7134822 (Va. Ct. App. Oct. 31, 2023), Father Constantine Rogakos, a Greek Orthodox priest, died after falling in an ultrasound examination room.  His Estate sued and at trial, the evidence established that Father Rogakos was elderly and had difficulty standing and walking ... Read More

Upcoming Class: Tort Damages in the District of Columbia 2024

Crystal S. Deese, chair of Jackson & Campbell P.C.'s Health Law Practice Group, will be teaching an upcoming virtual class on Tort Damages in the District of Columbia 2023 for the D.C. Bar Continuing Legal Education Program. The class will take place on Tuesday, December 12, 2023, from 6:00 p.m. – 9:15 p.m and will be worth 3.0 credit ... Read More

Best Law Firms® 2023 Rankings

A number of Jackson & Campbell, P.C.’s practice groups received national and metro rankings in the Fourteenth Edition of the Best Law Firms® rankings. As a firm, we strive for excellence in our work and are very proud to be recognized as a part of this elite group ... Read More

Upcoming Webinar: The Economics of Law Firm Ownership

Arthur D. Burger will be participating on a webinar panel with George Mason University Law School on October 20 from 12:00 pm – 1:00 pm on the topic of ownership of law firms. Investment in litigation by third parties — i.e., when neither the litigants nor lawyers on contingency are the primary funders for a case (often labelled “Third Party Litigation ... Read More

Blue Book Rules Seminar for the DC Bar

Crystal Deese, Director of J&C’s Health Law Practice Group, is teaching a one hour seminar on the Blue Book rules today for the DC Bar at noon.  The course is a refresher from your first year law school curriculum and she tries to keep the dry material entertaining. Register for the webinar and find the course details here ... Read More

Maryland Employers – Requirement To Establish Retirement Savings Program

In recognition of the advantages of employees establishing retirement savings accounts, with few exceptions, Maryland employers (including non-profits) are now required to establish a payroll deposit retirement program for employees and must file an annual certification of compliance every December 1.  Employers could offer 401(k), SEP or Simple IRA, or similar programs, but, fortunately, the State of Maryland ... Read More

Court of Appeals of Virginia holds private easement not a public dedication.

The Court of Appeals of Virginia affirmed a summary judgment grant finding that language included in a subdivision plat did not create a public easement. In Salunkhe v. Christopher Customs, LLC, the Court held that language stating, “24’ Ingress-Egress Esm’t” and “35’ Rad. Turnaround Esm’t” failed to satisfy the Virginia Code requirements to create ... Read More

The Best Lawyers in America 2024

Jackson & Campbell, P.C. is pleased to announce a number of our Directors have been named to The Best Lawyers in America© 2024 Edition. Congratulations to: Arthur D. Burger (2015) - Ethics and Professional Responsibility Law Christopher ... Read More

Supreme Court of Maryland has clarified how public roads are established

In Board of County Commissioners v. Aiken, the Supreme Court of Maryland has clarified how public roads are established, recognizing that its prior case law “has caused confusion.” The Court agreed with the Appellate Court of Maryland’s “well-reasoned analysis and affirm[ed] its judgment in all respects.” The Appellate Court’s decision was discussed here in August, 2022.  At issue ... Read More

Appellate Court of Maryland confirms an “easement to nowhere” is terminated.

The Appellate Court of Maryland has confirmed that an “easement to nowhere,” if it existed, may be terminated by estoppel and adverse possession. In Holder v. Uncle Eddie’s Brokedown Palace, LLC, the Court examined an express easement which included purported rights to traverse lands not owned by the servient estate and how the conveyed rights, if any, may be terminated. In Holder, Justin Young ... Read More

Vermont Extends Assisted Suicide Law to Nonresidents

In a precedent-setting move, Vermont has become the first state in the U.S. to amend its assisted suicide law, extending its provisions to terminally ill nonresidents. Signed into law by Republican Governor Phil Scott on May 2, 2023, the legislation removes the decades-old residency requirement, demonstrating a significant shift in the nation's approach to end-of-life care. This ... Read More

Security Deposit Requirements for DC Residential Leases

The District of Columbia, with its rich history of protecting the rights of tenants, has strict rules governing security deposits on residential leases.  Landlords who manage their own properties and professional managers should be familiar with these rules. Limitations on the amount of the security deposit.  The deposit shall not exceed ... Read More

Arthur D. Burger will participate in a CLE Class called “Attorney Fees and Ethics” on May 25, 2023

Arthur D. Burger, Chair of Jackson & Campbell’s Professional Responsibility Group, will be participating in a CLE presentation of the National Association of Legal Fee Analysis (“NALFA”) on the topic of “Attorney Fees and Ethics” on May 25, 2023 in Chicago. For more information on the conference, visit: NALFA - Specializing in Attorney Fees and Legal Billing.   ... Read More

Massachusetts High Court: Abuse Exclusion Requires Imbalance or Misuse of Power Attendant to Physically Harmful Conduct

In a March 16, 2023 decision, the Supreme Judicial Court of Massachusetts concluded that an abuse exclusion in a homeowners’ policy was inapplicable to an unprovoked attack by an insured . The Massachusetts Supreme Judicial Court again considered whether, under the terms of a homeowners’ insurance policy, conduct by an insured constituted “physical abuse” within the terms ... Read More