Recent Articles from All Practice Groups
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In new TOPA case, DC Court of Appeals does not apply court-approved settlement exemption to limit tenant purchase rights.
In the District of Columbia, a tenant’s right to the first opportunity to purchase a housing accommodation through the Tenant Opportunity to Purchase Act (TOPA) does not arise where the initiating third-party transfer does not qualify as an arms-length “sale.” Transfers pursuant to foreclosure sales, bankruptcies, court orders or court-approved settlements are exempted from TOPA and tenants have ... Read More
TAGGED: #realestatelaw #DCrealestate
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Federal Court Tosses DeafBlind Patient’s Claim of Discrimination against Eye Practice
The United States District Court for the Eastern District of Virginia granted our Motion to Dismiss all claims against an eye practice in Northern Virginia. Plaintiff claimed that the eye practice discriminated against her in violation of the Affordable Care Act (ACA) and Virginians with Disabilities Act (VDA). Plaintiff, a DeafBlind individual, was seen at the eye ... Read More
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Corporate Transparency Act Update
In the continuing developments surrounding the implementation of the Corporate Transparency Act, on March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued an interim final rule that removes the former requirement for U.S. persons to report beneficial ownership information (BOI to FinCEN under the Corporate Transparency Act. The definition of “reporting company” under the interim rule was ... Read More
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Legal Victory: Leveraging the Medical Malpractice Proceeding Act of 2006 to Dismiss Meritless Claims
Crystal Deese and Miranda Ross successfully obtained a dismissal for their local hospital client accused of baseless medical malpractice, discrimination, conversion, and assault. Utilizing the Medical Malpractice Proceedings Act, we acted swiftly to shut down this meritless lawsuit before it could result in unnecessary litigation costs. We strategically filed a Motion to Dismiss, which was ruled on before ... Read More
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Court of Appeals of Virginia traces church property disputes back to English Reformation to determine lack of jurisdiction.
Unlike other property ownership disputes, challenges regarding ownership by churches begin with a more fundamental question of whether the matter should be brought in civil or ecclesiastic courts. The Court of Appeals of Virginia, in Atlantic Korean American Presbytery v. Shalom Presbyterian Church of Washington, Inc., decided on March 11, 2025, issued a lengthy ... Read More
TAGGED: #RealEstateLaw, #DCRealEstate, #VARealEstate
Celebrating Growth: Announcing Two New Elevations at Jackson & Campbell, P.C.
Congratulations to Caroline Lee-Ghosal, who was recently elevated to Director and Benjamin S. Harvey, who was recently elevated to Senior Counsel at Jackson & Campbell, P.C. Ms. Lee-Ghosal is a member of the General Litigation and Trial and Real Estate Practice Groups. Prior to joining the Firm, Caroline represented clients in a broad range of civil litigation matters, including complex ... Read More
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Summary judgment for client accused of negligent elevator maintenance
Pam Diedrich and Crystal Deese obtained summary judgment for their local hospital client accused of negligent elevator maintenance. Plaintiff claimed she injured her hand when the elevator dropped two floors suddenly. Her attorney failed to identify a liability expert and first sought leave to extend the deadline after Defendants sought summary judgment. This is a nice, citable order, ... Read More
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Upcoming Webinar: Assessment of Six Common Ethics Dilemmas as Depicted in On-Screen Video Vignettes
Arthur D. Burger will present an ethics law CLE webinar on February 12 from 1:00 pm to 3:10 pm. Participants will view the vignettes and engage in a guided discussion on the application of ABA Model Rules, best practices, and practical solutions. Each scenario raises critical questions about confidentiality, conflicts of interest, client communication, and other ethical challenges, ... Read More
DC Court Of Appeals Interprets Amended Provisions Regarding Condo Lien Priorities
In a decision issued last week, the D.C. Court of Appeals held that when a condominium association forecloses on its super-priority lien and its subordinate lien for more than six months of unpaid assessments, the sale must be made subject to the first deed of trust. This Court in Wonder Twins Holdings, LLC v. 450101 ... Read More
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Another Physician Found Not Liable for Suicide in Virginia
A jury in Virginia Beach returned a defense verdict for a family medicine physician in December 2023. Plaintiff alleged that the defendant failed to recognize suicidal ideation in her patient and was therefore liable when the patient ultimately took her own life. But the jury disagreed, finding that plaintiff was of sound mind during the act, and therefore ... Read More
Corporate Transparency Act Update
Businesses and their beneficial owners have less than four months to comply with the reporting requirements set forth in the Corporate Transparency Act (CTA), which took effect January 1, 2024. The CTA is designed to combat money laundering and other financial crimes by requiring a broad range of entities to disclose information about their owners and ... Read More
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No ‘Occurrence’ For Ghost Gun Seller
In Granite State Insurance Co. et al., v. Primary Arms, LLC, the U.S. District Court for the Southern District of New York recently addressed the issue of whether an insurance company has a duty to defend a firearms retailer in lawsuits alleging that the retailer's sale of "ghost guns" contributed to gun violence. Granite State Insurance Co., No. 23 ... Read More
Jackson & Campbell 3rd Quarter Newsletter 2024
For the latest news, attorney spotlights and more, check out our Q3 newsletter here ... Read More
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D.C. Court of Appeals Rules in Favor of Homeowners on Single-Family Exemption Act of 2018
On August 22, 2024, the D.C. Court of Appeals in Lashawn Lane v. District of Columbia Department of Housing and Community Development held that the Single-Family Exemption Act of 2018, D.C. Law 22-120, § 409, 65 D.C. Reg. 5077 (2018) (“Single-Family Exemption Act”) applies to all tenants of single-family properties regardless of when their ... Read More
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Massachusetts Appellate Court Holds Construction Defects Not “Property Damage” Under Commercial General Liability Policy
In a significant decision issued on August 14, 2024, the Massachusetts Appeals Court in Lessard v. R.C. Havens & Sons, Inc. held that widespread construction defects in the construction of a home were not covered by the construction company’s general liability (CGL) policy. The appellate court upheld a trial court decision granting summary judgment for an insurer who had argued that ... Read More
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The Best Lawyers in America 2025
Jackson & Campbell, P.C. is pleased to announce a number of our Directors have been named The Best Lawyers in America© 2025 Edition. Congratulations to: Nathan J. Bresee (2025) - Real Estate Law Arthur D. Burger (2015) - ... Read More
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Appellate Court of Maryland leaves unresolved issue of whether riparian owners have right to unobstructed view.
The Appellate Court of Maryland recently declined to decide whether riparian owners have a right to unobstructed water views, noting that other states have approached the issue differently. In Buck v. Steele, the court reminded litigants that legal arguments to create new law must be predicated upon actual facts and one cannot skip over ... Read More
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David H. Cox testifies before Council of District of Columbia Committee on the Judiciary & Public Safety
J&C's David H. Cox, Esquire recently testified before the Committee on the Judiciary & Public Safety on behalf of the Council for Court Excellence in support of the Strengthening Probate Administration Amendment Act of 2024. ... Read More
CAI Files Amicus Brief in NSBA v. Treasury – Corporate Transparency Act
The Corporate Transparency Act (“CTA”), which went into effect on January 1, 2024, was enacted to curb tax fraud, terrorism financing, money laundering, and other illicit activity by requiring business entities to report information about their owners. Specifically, entities covered under the CTA are required to file a Beneficial Ownership Information (“BOI”) Report with the U.S. Department of ... Read More
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How to Make Sure You Know the Boundaries of Your Property: The Difference Between a House Location Drawing and a Survey
How to Make Sure You Know the Boundaries of Your Property The Difference Between a House Location Drawing and a Survey By Roy L. Kaufmann Prudent buyers of real estate (excluding most condos and co-ops) will want to know where the property ... Read More
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Congratulations to our 2024 Super Lawyers and Super Lawyers Rising Stars
Please join us in congratulating our firm’s attorneys who were selected as 2024 Super Lawyers and Super Lawyers Rising Stars. Honorees for these awards have achieved a multitude of professional achievements and earned recognition and respect from their peers ... Read More
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Upcoming Webinar: The Litigator’s Guide to Evidentiary Objections
Arthur D. Burger and Caroline Y. Lee-Ghosal are participating in a live-broadcast webinar on April 26 to discuss ethical considerations in litigation strategy. The webinar begins at 12 pm, and all attendees will earn 2 hours of CLE credit. ... Read More
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Federal court in Maryland confirms “unmarketable” relates to title, not property.
The United States District Court for the District of Maryland recently dismissed a title policy holder’s claim regarding an allegedly unmarketable title and provided especially useful language to the industry. In Kiritsis v. Stewart Title Guaranty Co., the court confirmed that “unmarketable” as used in the policy was not ambiguous and that the term ... Read More
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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
TAGGED: #RealEstateLaw, #DCRealEstate, #VARealEstate
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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
TAGGED: #artificialintelligence, #panel, #lawreviewsymposium
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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
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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
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The Appellate Court of Maryland addresses choice of law question
The Appellate Court of Maryland addresses choice of law question, holding law from the place where the injury initially developed applies. In Blackston v. Drs. Weight Loss Centers Inc., No. 553, Sept. Term,2022, 2023 WL 4247374 (Md. Ct. Spec. App. June 29, 2023), cert. granted sub nom. Doctor's Weight ... Read More
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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
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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