Recent Articles from All Practice Groups

Health Law Practice Group Privileged to Serve MedStar Washington Hospital Center

Earlier this month, Jackson & Campbell, P.C.'s Health Law Practice Group obtained a defense verdict in a malpractice case alleging that a patient suffered permanent nerve damage during a lower left wisdom tooth extraction. She alleged the surgical technique and procedure choice were improper and denied giving her informed consent to the procedure. After a six day trial, the... Read More >

SCOTUS Opinion: Court Strictly Interprets “Actual Knowledge” For ERISA Limitations Period

Under the Employee Retirement Income Security Act of 1974, a person with “actual knowledge” of an alleged fiduciary breach by the administrator of a pension plan must file suit within three years of gaining such knowledge—otherwise, a six-year limitations period applies. In Intel Corp. Investment Policy Committee v. Sulyma, Intel argued that its former employee filed such a claim... Read More >

SCOTUS Opinion: Criminal Defendant Preserves Appellate Claim by Arguing for Lesser Sentence

Under Federal Rule of Criminal Procedure 51(b), a criminal defendant wishing to “preserve a claim of error” for appeal must inform the trial judge “of the action the party wishes the court to take, or the party’s objection to the court’s action and the grounds for that objection.” In Holguin-Hernandez v. United States, when prosecutors sought a sentence of... Read More >

SCOTUS Opinion: Court Rejects Comparison of State Offenses to Generic Offenses for Armed Career Criminal Act Enhancement

The Armed Career Criminal Act mandates a 15-year sentence for defendants that have prior convictions for a “serious drug offense” that “involve[es] manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance.” Eddie Lee Shular had six prior Florida convictions for selling and possessing cocaine with intent to sell. The federal trial court deemed those to be... Read More >

February Real Estate Update | Gan v. Van Buren Street Methodist Church

On February 13, 2020, the District of Columbia Court of Appeals issued an opinion which expressly declined to follow a troubling earlier decision regarding tacking in the context of adverse possession. The decision is significant because the Court clarified the confusing and contradictory prior decision, which muddied the adverse possession waters in Washington, D.C. In Gan v. Van Buren Street Methodist... Read More >

SCOTUS Opinion: Court Permits Appellate Review of Added Mitigating Factor in Death Penalty Case

After James McKinney was convicted of two counts of first-degree murder, the trial court sentenced him to death upon the finding that he had two aggravating circumstances for each such murder. Twenty years later, a narrowly divided en banc Ninth Circuit reversed upon habeas review, holding that the state courts had not properly considered McKinney's post-traumatic stress disorder as a... Read More >

SCOTUS Opinion: Court Strikes Down The “Bob Richards Rule”

The IRS allows affiliated corporations to file a group tax return. When the IRS issues a tax return to the group as a whole, federal law does not describe how to allocate the funds. The Ninth Circuit created a rule for that when it decided In re Bob Richards Chrysler-Plymouth Corp., 473 F.2d 262 (1973). The "Bob Richards Rule" mandated... Read More >

SCOTUS Opinion: Court Declines To Extend Bivens To Allow Suit Against Border Agent For Shooting

U.S. Border Patrol agent Jesus Mesa, Jr. shot 15 year-old Sergio Adrian Hernandez Guereca while Mesa was on U.S. land, and Hernandez had run back across onto Mexican soil. Hernandez's family sued Mesa under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), which permits damages claims against federal agents even though no federal statute authorized the claim... Read More >

SCOTUS Opinion: Infant’s “Habitual Residence” Not Determined by Agreement of the Parents

The Hague Convention requires that a child wrongfully removed from her country of "habitual residence" must be returned to that country. In Monasky v. Taglieri, an infant was born in Italy to an American mother and Italian father. The relationship was abusive, and the mother soon relocated to America, taking the child with her. The father moved to have... Read More >

SCOTUS Opinion: Court Enforces Removal Jurisdiction In Vacating Orders Against The Catholic Church

The case of Roman Catholic Archdiocese of San Yuan, Puerto Rico v. Feliciano concerned complaints filed by employees of Catholic schools in Puerto Rico alleging wrongful termination of their pension plan. Initially, the Puerto Rico trial court determined that the Roman Catholic and Apostolic Church in Puerto Rico was the proper entity that owed obligations to the plan, and... Read More >

Davis v. Echo Valley Condominium Association, 945 F.3d 483 (6th Circuit Court, December 19, 2019)

In a recent case before the U.S. Court of Appeals for the Sixth Circuit, the court heard a matter involving the intersection between fair housing law and community association governance. In this case, Phyllis Davis purchased a second-floor unit in a four-unit condominium building within the Echo Valley Condominium Association in Farmington Hills, Michigan. Davis suffers from asthma and chemical... Read More >

Employers Receive Additional Guidance with the New Department of Labor Rule, Making It Easier to Avoid Classification as a Joint-Employer

The Department of Labor issued a final rule on January 12, 2020 regarding the interpretation of joint employer status under the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay employees the federal minimum wage for every hour worked and to pay overtime for every additional hour worked over 40 during a workweek. Liability for making such payments falls... Read More >

Settlement Considerations on Acquisitions of DC Commercial Property – Plan Early and Keep Lines of Communication Open Between Settlement Company and Lender

The settlement process on commercial transactions and, more particularly, the completion of the FP7/C (Real Property Recordation and Transfer Tax Form) is markedly different than residential transactions. One particular pitfall has recently come to light that has plagued and delayed some transactions and has resulted in more money being due for recordation taxes than the buyer or lender had anticipated... Read More >

SCOTUS Opinion: ERISA Case Remanded To Consider Alternative Arguments

Retirement Plans Committee of IBM v. Jander concerned a claim by Employee Retirement Income Security Act of 1974 (ERISA) plan beneficiaries that the fiduciaries in control breached their duty of prudence on the basis of insider information. The standard for stating such a claim had been previously set forth by the Court in Fifth Third Bancorp v. Dudenhoeffer,... Read More >

SCOTUS Opinion: Denial Of Request For Relief From Automatic Bankruptcy Stay Is A Final, Appealable Order

After Ritzen Group, Inc. sued Jackson Masonry, LLC over a contract, Jackson filed for Chapter 11 bankruptcy, which immediately halted Ritzen’s litigation. Ritzen moved the bankruptcy court for relief from the automatic stay, which was denied. Ritzen then filed a proof of claim, which was eventually disallowed. Ritzen then opted to file a notice of appeal of the bankruptcy court’s... Read More >

SCOTUS Opinion: Court Enforces The “American Rule” Of Costs Against The Patent And Trademark Office

The Patent Act provides that when an applicant for a patent brings suit against the Patent and Trademark Office (PTO) when the Office rejects the applicant’s patent, the applicant must pay “[a]ll the expenses of the proceedings.” In Peter v. Nantkwest, Inc., a patent applicant sued the PTO under the Act when the PTO denied its application for a... Read More >

SCOTUS Opinion: Court Rejects Discovery Rule For Fair Debt Collection Practices Act Claims

The Fair Debt Collection Practices Act requires that claims be brought “within one year from the date on which the violation occurs.” In Rotkiske v. Klemm, a debt collector filed suit against Kevin Rotkiske, served him where he no longer lived, and obtained a default judgment against him in 2009. Rotkiske learned of the judgment in 2014, and sued... Read More >

Expansion of Home Purchase Assistance Program to Include Construction/Repair Money

A new bill has been introduced before the Council of the District of Columbia that would amend the Home Purchase Assistance Program (HPAP). This program provides assistance to first time home buyers of lower and medium income households by offering interest free loans towards down payments and some assistance towards closing costs. These loans generally take the form of... Read More >

End of the Calendar Year: A Good Time to Confirm Compliance Issues for Businesses

Corporations, limited liability companies (LLCs), and other business entities are certainly aware of the need to make certain end of year decisions for income tax purposes, but it also is a good time to perform a business audit for possible state, local, and personal property tax return deadlines. It is also advisable for businesses to review other corporate compliance issues, such... Read More >

December Real Estate Update | Rae Lee Davis v. J. Garnett Davis, Jr.

On December 5, 2019, the Supreme Court of Virginia issued an opinion invalidating three gift deeds executed and delivered in 2013. The decision is significant in that evidence outside of the recorded documents – and, presumptively, outside of the review of any title examiner – was relied upon by the Court in reaching its decision. In Rae Lee Davis v. J... Read More >

Virginia Supreme Court Adopts Partial Subordination Rule

The case of Futuri Real Estate, Inc. v. Atlantic Trustee Services, LLC involved a question of first impression in Virginia regarding what should happen when a first-priority position lien subordinates itself to a third-priority position lien. Under the complete subordination rule, the first-priority position lien becomes junior to the other two liens on the property, the second-priority lien moves... Read More >

SCOTUS Opinion: Court Remands Alaska Political Contribution Limits Case For Closer Review

The first opinion handed down by the Court in its 2019 Term concerned Alaska’s law limiting contributions to candidates or election-oriented groups to $500 per year. The Ninth Circuit upheld the law, but the Court, in a per curiam decision in Thompson v. Hebdon, reversed and remanded. The Court noted that the Ninth Circuit chose not to apply the... Read More >

Is the Lender’s Title Policy Coverage Triggered in the Underlying Battle Between the Lender and the Homeowners Association in a Super-Priority Lien State?

In Wells Fargo Bank, NA, as Trustee v. Fidelity National Insurance Company, Case No. 3:19-cv-00241-MMD-WGC in the United States District Court for the District of Nevada (decided October 29, 2019), the trial court was recently confronted with an issue which has been brewing over the past several years in those states that provide Homeowners Association (HOA)/condominium liens with a super-priority... Read More >

Maryland Real Estate Update | October 2019

On September 27, 2019, the Court of Special Appeals of Maryland issued an opinion reversing a judgment against Security Title Guarantee Corp. of Baltimore. The decision is significant not merely for what the Court held, but for what claims were not raised by the property owners. In Lawrence R. Carver, Jr. v. RBS Citizens, N.A., Nancy and Lawrence Carver purchased multiple... Read More >

Virginia Real Estate Update | September 2019

On August 22, 2019, the Supreme Court of Virginia issued an opinion denying a developer’s claim of vested rights in a dedicated road. In Loch Levan Land L.P. v. Board of Supervisors of Henrico County, the Court affirmed the Circuit Court’s judgment and brought major disruptions to plans for development of 1,089 acres of land located only a few miles... Read More >

Supreme Court of Virginia Holds That Insurer is Entitled to Equitable Contribution From Another Covering Insurer and that Consent to Settlement Conditions Are Waived by Denial of Coverage on Other Grounds

In a decision issued on July 18, 2019, the Supreme Court of Virginia vacated a judgment entered in favor of a liability insurer seeking contribution against another liability insurer and remanded the case to the trial court on the grounds that the complaint had stated a claim for equitable contribution. Nationwide Mut. Fire Ins. Co. v. Erie Ins. Exchange, 829... Read More >

Commercial Recordation/Transfer Tax Increase and Mandatory Use of New FP7

The Washington, D.C. Office of Tax and Revenue has issued an official notice of the increase on transfer and recordation tax on commercial properties where the consideration (real or imputed) is more than $2 million. The increase is effective on October 1, 2019 and is scheduled to expire on September 30, 2023. A... Read More >

The Best Lawyers in America 2020

Jackson & Campbell, P.C. is pleased to announce a number of our Directors have been named to The Best Lawyers in America© 2020 Edition. Congratulations to: Arthur D. Burger, Ethics and Professional Responsibility Law David H. Cox, Real Estate Law, Real Estate Litigation William E. Davis, Trusts and Estates, Trusts... Read More >

Attorney Spotlight: Arthur F. Konopka

Arthur F. Konopka is of counsel in the Real Estate and Trusts and Estates Practice Groups. Previously, Mr. Konopka was at the National Science Foundation and NASA. As part of the 50th anniversary of the landing of the Apollo mission, Mr. Konopka shared his experience of witnessing the mission’s launch... Read More >

Virginia Code Expands Uses for Discovery Depositions and Affidavits

On July 1, 2019, an amendment to the Virginia Code took effect which allows discovery depositions and affidavits to be “used in support of or in opposition to a motion for summary judgment in any action when the only parties to the action are business entities and the amount at issue is $50,000 or more.” See Va... Read More >