Recent Articles from All Practice Groups

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

Short-Term Rental License – DCRA Extends Grace Period for Obtaining License.

The District regulates short-term residential rentals, such as "AirBNB". The regulations are found here The grace period for obtaining the license and endorsement is extended to June 9, 2022. A Basic Business license is required, with two, alternative endorsements available. Short-Term Rental Endorsement (Host is present during rental – such as renting out bedrooms). Eligibility for License: Must be within host/applicant's primary residence ... Read More

Summary judgment granted in premises case. Res ipsa loquitur inapplicable where mode of claimed injury required expert support.

Edward Sedlacek & Crystal Deese obtained summary judgment for their hospital client against a Plaintiff suing for premises liability and res ipsa loquitur.  Plaintiff claimed to have received an electrical shock forceful enough to fracture two different bones.  None of the medical experts agreed that electricity caused these twisting type fractures. The court rejected Plaintiff’s argument that a lay jury ... Read More

Using Intrafamily Loans to Transfer Wealth and Reduce Estate Taxes

With current interest rates at near-historic lows, intrafamily loans remain an effective way to shift wealth to the next generation while avoiding estate and income tax consequences. Such loans can be part of a complex estate planning strategy, including the transfer of a closely-held family business.  However, they can also be used as a simple mechanism to assist children with ... Read More

No Jurisdiction in Medical Malpractice Plaintiff’s Home State

The Health Law Practice Group recently secured dismissal for a local hospital sued in Plaintiff’s home state on jurisdictional grounds. The patient sued a facility with offices located in D.C., Maryland, and Virginia. Plaintiff filed suit in his home state of Pennsylvania claiming his injury manifested there.  However, the care at issue was rendered in Maryland weeks before any injury manifested.  ... Read More

DC Council Extends Foreclosure Moratorium, Shortens TOPA Tolling Period

In October 2021, D.C. Council provided Mayor Bowser, under Act 24-178 1 , the power to extend the foreclosure moratorium from November 5, 2021, to February 4, 2022. 2 The purpose of this extension was to allow the Housing Assistance Funds (‘HAF”) Program to be implemented. The goal of the HAF program is to prevent mortgage ... Read More

Texas High Court: Extrinsic Evidence Permissible in Limited Exception to Eight-Corners Rule

In a decision issued on February 11, 2022, the Texas Supreme Court, responding to a certified question from the United States Court of Appeals for the Fifth Circuit, held that extrinsic evidence can be considered in determining an insurer’s duty to defend in limited circumstances. In Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp., the United States Court of Appeals ... Read More

Mississippi Supreme Court Holds Pollution Exclusion Ambiguous

In a decision issued on January 20, 2022, the Mississippi Supreme Court held that a pollution exclusion contained in a general liability policy was ambiguous with respect to a claim for coverage by an insured for a damage caused by an explosion.  The court deemed the terms “contaminant” and “irritant” within an absolute pollution exclusion ambiguous in an insurance coverage ... Read More

Association Liability for Crimes Committed by Third Parties

On February 3, 2022, a final order was issued in Letellier v. The Atrium Unit Owners Association, et al. (Case No. CL19001103-00). The case tested the duty owed by condominium associations when a third-party commits a crime against a resident. On May 7, 2017, a man posed as a maintenance worker and entered the Atrium Condominium (the “Condominium”) in Arlington, Virginia ... Read More

The Diversity of the Supreme Court

At various points in the history of the United States, Presidential candidates and Presidents have made statements about the judicial nomination of the next Supreme Court Justice, indicating that issues of ethnicity and gender may provide the deciding factor in a selection process. Several Presidents have appointed individuals to add characteristics of diversity, as well as legal brilliance and judicial temperament. However, considerations of ... Read More

Court of Special Appeals of Maryland affirms expansion of general easement to allow for emergency vehicle use

Following seven years of litigation, and two appeals, the Court of Special Appeals of Maryland affirmed a circuit court’s widening of a general easement to effectuate the intent of long-dead parties. In Garrett v. Holloway, the Court added some measure of clarity to a 1903 conveyance which referenced a bisecting private road but did not expressly create an easement nor ... Read More

The COVID-19 Vaccination – Testing Mandate Is Not Completely Dead

  On January 13, 2022, the Supreme Court prohibited OSHA’s enforcement of its nationwide emergency vaccination and testing standard declaring the scope of the regulation beyond OSHA’s statutory authority. On January 25, OSHA conceded the point and withdrew the standard. But even as OSHA withdrew the standard, OSHA made clear that employers are not relieved of their obligation to protect employees from the risks of ... Read More

Recently Signed New York Law Sets New Mandatory Insurance Disclosures

[Update] On February 25, 2022, Governor Kathy Hochul passed into law Senate Bill 7882 scaling back the Act’s most stringent requirements including, among other things, eliminating the disclosure requirements for defendants in litigation pending prior to the Act’s passage, extending the time to make disclosures from sixty days to ninety days after service of an answer, and removing from disclosures information ... Read More

Charitable Conservation Easements Found A Friend In The 11th Circuit

Many Tax Court cases have been decided based upon an obscure Treasury Regulation, upholding the IRS’ 100% disallowance of charitable conservation easement deductions.  The 11th Circuit struck down the Regulation, holding that it is “arbitrary and capricious”.  A rare win for taxpayers. The Bloomberg article attached below was written by our own attorney, Nancy O. Kuhn. A Rare Victory For Taxpayers ... Read More

Attorneys Art Burger and Caroline Lee-Ghosal to Present “Discussing Common Ethical Dilemmas Today’s Attorneys Face” CLE for the DC BAR

On March 3, 2022, Attorneys Art Burger and Caroline Lee-Ghosal will participate in a CLE titled "Discussing Common Ethical Dilemmas Today’s Attorneys Face" for the DC BAR from 6:00-8:15PM. The link to register for the event is below. "Discussing Common Ethical Dilemmas Today’s Attorneys Face" for the DC BAR ... Read More

Court Limits Retirement Benefits For Those Who Received Civil-Service Pay

David Babcock was a dual-status military technician, which meant he received both military pay and pension payments through his service with the National Guard, and also received civil-service pay from the Office of Personnel Management. After he retired, he applied for Social Security benefits. The Social Security Administration considered his civil-service pay to be a “windfall” and reduced his SSA ... Read More

Court Blocks OSHA Rule Requiring COVID-19 Vaccinations For Workers

The Occupational Health and Safety Administration, to combat the spread of COVID-19, issued a rule mandating that all employers who have at least 100 employees require that those workers be vaccinated—affecting some 84 million workers nationwide. The rule was enacted under an “emergency temporary standard” process which avoided the typical notice-and-comment procedures for rules. States and private parties challenged the ... Read More

Court Allows Vaccination Mandate For Health Care Workers To Go Into Effect

The Secretary of Health and Human Services issued a rule in November of 2021 requiring all health care workers be vaccinated or have a valid exemption in order for the health care facility to receive Medicare or Medicaid funding. Certain states sued to block the mandate, and the lower courts enjoined enforcement of the rule pending a determination on the ... Read More

Now is the Time to Prepare for OSHA’s Enforcement of the Emergency Temporary Standard on COVID-19 Vaccination and Testing

On January 7, 2022, the Supreme Court heard argument on requests to stay enforcement of OSHA’s Vaccination, Testing and Face Coverings Standard, a workplace safety standard adopted to deter the spread of COVID-19. OSHA previously announced that enforcement of the non-testing requirements would begin as soon as January 10, 2022, with enforcement of the testing requirements delayed until February 9, 2022. Unless ... Read More

DC to Mandate Proof of Vaccination Status at Indoor Establishments- UPDATE

UPDATE: On Monday February 14, 2022, Mayor Bowser announced that, effective Tuesday February 15, 2022, DC will drop the requirement that patrons show proof of vaccination status before entering most businesses. On December 22, 2021, Mayor Muriel Bowser announced, via executive order, that the District of Columbia would join other major cities including Los Angeles, New York, Philadelphia, ... Read More

Sixth Circuit Dissolves Stay on OSHA’s Vaccine Mandate for Large Employers – UPDATE

On November 5, 2021, the Occupational Safety & Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring employers with 100 or more employees to take certain actions to minimize the spread of COVID-19 in their workplaces.  Enforcement of the ETS was initially set to begin on January 4, 2022.  Although often referred to as a “vaccine mandate,” the ETS ... Read More

SCOTUS Opinion: Court Permits Pre-Enforcement Challenge to Texas Abortion Law By Clinics, Not The Federal Government

The Court today resolved both challenges to Texas’ new abortion law, S.B. 8, which empowered private citizens to sue those who provided an abortion when a fetal heartbeat is detectable. In Whole Women’s Health v. Jackson, an abortion clinic sued a variety of defendants, seeking to enjoin enforcement of S.B. 8. The last time that case was before the Court, ... Read More

Estate Tax Considerations for 2022: How Clients Can Plan in an Uncertain Time

The Internal Revenue Service ("IRS") has released annual inflation adjustments for 2022. These include increased gift, estate, and generation-skipping transfer (“GST”) tax exemptions (the “unified credit”), annual gift tax exclusions, and retirement account limits. The changes are as follows: The unified credit will increase to $12.06 million for an individual (from $11.7 million in 2021). This means that a married ... Read More

SCOTUS Opinion: Equitable Apportionment Doctrine Applies To Interstate Aquifers

Typically in cases where states have a dispute over water use, usually involving water flowing above ground in a river or lake, the Court uses the doctrine of equitable apportionment to allocate the water resources between the states. In Mississippi v. Tennessee, Mississippi originally sued the City of Memphis for drawing too much water from the Middle Claiborne Aquifer, which ... Read More

New Video: The Women’s Initiative

https://youtu.be/FzPUmIUB2-0 Attorney Sarabeth Rangiah discusses the efforts of Jackson & Campbell's women attorneys to support one another in a legal world predominantly still run by men. Jackson & Campbell, P.C.'s attorneys are among the most respected in Washington, routinely winning national awards and high rankings from organizations like The Best Lawyers in America, Super Lawyers, Who's Who in America, and many ... Read More

Business Practice Group Spotlight: Vaccine Mandates

https://youtu.be/_gWg3jRdBU0 Firm President John J. Matteo discusses vaccine mandates & the efforts made by Jackson & Campbell's Business Law Practice Group to advise clients on evolving guidelines from the CDC. Follow our new YouTube channel for more video content from our attorneys! Jackson & Campbell, P.C.'s attorneys are among the most respected in Washington, routinely winning national awards and ... Read More

Trusts & Estates Practice Group | Video Overview

https://youtu.be/rieno5jqLVw Attorney Jamie K. Blair outlines the ways in which the Trusts & Estates Practice Group has helped residents of Maryland, Virginia, and the District of Columbia prepare their end-of-life documents for generations of families. Jackson & Campbell, P.C.'s attorneys are among the most respected in Washington, routinely winning national awards and high rankings from organizations like The Best Lawyers ... Read More