Recent Articles from All Practice Groups
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
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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
TAGGED: #RealEstateLaw, #DCRealEstate, #MDRealEstate
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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
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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
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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
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Corporate Transparency Act: What Business Owners Need to Know
The Corporate Transparency Act, which goes into effect on January 1, 2024, has sweeping ramifications for small businesses and their owners. This articles offers a primer on the Act’s reporting requirements, exceptions, and penalties for non-compliance. Read more here ... Read More
TAGGED: #CorporateTransparencyAct #CTA
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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
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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