Recent Articles from All Practice Groups
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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
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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
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Texas Court: Ohio Law Applies to Bar Coverage for Construction Defect Claims
In a September 23, 2022 decision, the Southern District of Texas recently resolved a coverage dispute arising out of a construction defects arbitration in Texas by applying Ohio law, which excludes claims for faulty or defective workmanship. Read the full decision here: Liberty Ins. Corp. v. Omni Constr. Co. article (11.11.22). ... Read More
Introducing Jackson & Campbell, P.C.’s New President-Elect and Member of our Executive Committee
We are pleased to announce Marie VanDam as the newest member of Jackson & Campbell, P.C.'s Executive Committee, effective January 1, 2023. Marie will take the seat vacated by Dan Lynn, who has completed three full terms on the committee. We congratulate Marie and are grateful to Dan for his years of service. For the first time ever, ... Read More
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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
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California Court: COVID-19 Not “Pollution Condition” under Pollution Policy
The Eastern District of California, partly relying on California precedent interpreting the pollution exclusion, determined that COVID-19 did not constitute a ‘pollution condition’ in a pollution liability policy. Read more about this court case here: Vision Serv. Plan Plaintiff v. Illinois Union Ins. Co. et al. article (11.11.22) ... Read More
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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
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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
Celebrating Jackson & Campbell P.C.’s Best Lawyers in the 29th edition of The Best Lawyers in America®
Jackson & Campbell, P.C. is proud to have three lawyers named as Best Lawyers in the 29th edition of The Best Lawyers in America®. Congratulations to Arthur D. Burger (Ethics and Professional Responsibility Law), David H. Cox: (Litigation - Real Estate and Real Estate Law), and Roy L ... Read More
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Jackson & Campbell’s Arthur Burger quoted by Bloomberg News regarding discovery sanctions in defamation suit by Bob Dylan
Arthur Burger, Chair of Jackson & Campbell’s Professional Responsibility Practice Group, was quoted by Bloomberg Law in an August 16, 2022 article regarding discovery sanctions that are being sought on behalf of Bob Dylan in a New York defamation suit. He is quoted as an expert in legal ethics regarding ... Read More
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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
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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
TAGGED: #realestatelaw #DCrealestate
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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
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A Legislative Solution for Conservation Easements
A Legislative Solution for Conservation Easements: Jackson & Campbell’s Tax Chair, Nancy Ortmeyer Kuhn, provides insightful commentary on charitable conservation easements and the proposed tax legislation that caps charitable deductions for taxpayers. She also discusses the Supreme Court’s recent decision in West Virginia v. EPA, and how that may impact Treasury Regulations. Read more here: CE Legislation Article ... Read More
TAGGED: Real Estate Law, Tax Law
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Massachusetts High Court Rules that a Business Owners Liability Policy Does Not Cover Attorney’s Fees Awarded under the Massachusetts Consumer Protection Statute
On July 6, 2022, the Supreme Judicial Court of Massachusetts determined that an award for attorney’s fees under the Massachusetts consumer protection statute, M.G.L. c. 93A (“Chapter 93A” or “the statute”), was not covered under a business owners liability policy because attorney’s fees awarded under the statute do not constitute damages “because of” bodily ... Read More
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Celebrating Pride Year-Round
Whether you are a member of the LGBTQ+ community, a friend or an ally, or someone who wants to know more about Pride, celebrating Pride in the workplace should not just be celebrated once a year, but something to honor year-round. June is a particularly important month for the LGBTQ+ community, as it marks what is historically considered ... Read More
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Undisclosed Bankruptcy can be fatal to Plaintiff’s Medical Malpractice case
On June 6, 2022, Crystal Deese and Sarah Godfrey appeared in the Circuit Court for Fairfax County, Virginia, for Day 1 of what was supposed to be a 5-day jury trial. Plaintiff had filed a suit against our client, a medical practice, claiming $2.3 million in past and future damages after a routine cataract surgery allegedly rendered her ... Read More
TAGGED: bankruptcy, chapter 7, Standing, Medical Malpractice, nonsuit
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California Governor Signs Legislation Raising Non-Economic Damages Cap on Medical Malpractice Awards
On May 22, 2022, California Governor Gavin Newsom signed into law Assembly Bill 35 (“A.B. 35”) resulting in major changes to the state’s Medical Injury Compensation Reform Act (“MICRA” or “the Act”). These changes include among other changes, an increase to the cap of noneconomic damages awarded to plaintiffs in medical malpractice lawsuits. Originally enacted in 1975, MICRA established a ... Read More
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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
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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
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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
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Federal court finds Art Burger “more than qualified to give his expert opinions on legal ethics…
Federal court finds Art Burger “more than qualified to give his expert opinions on legal ethics” and denies Daubert challenge to his expert report. Full Report: Daubert Order S.D. Fla. Diamond Resources March 31, 2022 ... Read More
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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 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. Must ... Read More
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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
TAGGED: Premises Liability, Health Care, litigation, res ipsa loquitur
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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
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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
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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
TAGGED: TOPA, Real Estate Law, foreclosure moratorium, COVID Policy
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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
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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
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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