Recent Articles from All Practice Groups

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

Louisiana Federal Court Holds No Coverage for Oil Spill Based on Insured’s Late Notice and Applicability of the Policy’s Pollution Exclusion

In Jaxon Energy, LLC v. Admiral Insurance Company, No. CV 22-940, 2023 WL 2499135 (E.D. La. Mar. 14, 2023), the United District Court for the Eastern District of Louisiana, applying New York law, granted summary judgment to Admiral Insurance Company (“Admiral”) upon finding that the insured, Jaxon Energy LLC (“Jaxon”), failed to provide notice within the timeframe required by its ... Read More


Condo Association Took Proper Disciplinary Action

On February 16, 2023, the D.C. Court of Appeals upheld a decision that a condominium association’s failure to precisely comply with certain provisions of its bylaws may not deprive a member of due process rights. In Rayner v. Yale Steam Laundry Condo. Ass’n, No. 21-VA-122 & 22-CV-58 (D.C. Cir. Feb. 16, 2023), the Association issued a written notice for a hearing ... Read More

The Supreme Court of Virginia has reversed a trial court and upheld a prescriptive easement where the issue of permission was hotly contested in Kevin Horn v. James Webb

The Supreme Court of Virginia has reversed a trial court and upheld a prescriptive easement where the issue of permission was hotly contested. In Kevin Horn v. James Webb, the Court examined the issue of whether prescriptive rights could arise from a pre-1976 grant of permission by the servient estate which was never expressly ... Read More

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