Recent Articles from All Practice Groups
|
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
TAGGED: TOPA, Real Estate Law, foreclosure moratorium, COVID Policy
|
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
TAGGED: Supreme Court, Judicial Diversity, Diversity
|
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
TAGGED: COVID-19, OSHA, covid, Vaccination, Covid-19 Vaccination
|
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
TAGGED: Insurance, new law, new york, insurance law, new developments, Governor Hochul
|
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
TAGGED: irs, tax, Treasury Regulation, 11th Circuit, taxpayers
|
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 ... 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
TAGGED: Business Law, COVID-19
|
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
TAGGED: news, Tax Law, legislation, estate planning, trust and estates, taxes & IRS
|
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
TAGGED: Women's Initiative, Video content
|
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
TAGGED: Wills, Video, Trusts & Estates
Jackson & Campbell Joins YouTube!
https://youtu.be/FB_ISnSAUIQ Firm President John J. Matteo introduces the viewer to Jackson & Campbell P.C., one of Washington, D.C.'s oldest and most respected law firms. Jackson & Campbell can now be found on YouTube! Subscribe to our channel here. Jackson & Campbell, P.C.'s attorneys are among the most respected in Washington, routinely winning national awards and high rankings from organizations ... Read More
TAGGED: Video, Jackson & Campbell
|
High Court Puts Abortion Cases On Fast Track
Without waiting for rulings on the merits by the Fifth Circuit, the Court today granted certiorari before judgment in both of the cases challenging the Texas Heartbeat Law (otherwise known as S.B. 8), which permits civil lawsuits to be filed by anyone against those who provide an abortion after a heartbeat is detectable. Both Whole Women’s Health v. Jackson and ... Read More
|
Blount v. Padgett’s Impact on Property Held as Tenants by the Entireties
The District of Columbia Court of Appeals has clarified a 45-year-old decision regarding the effects of a divorce on liens against property held as tenants by the entireties. In Blount v. Padgett, the Court of Appeals refined its 1976 holding in Travis v. Benson that an entry of a final divorce decree converts property to a tenancy in common allowing ... Read More
|
Supreme Court Reinstates Qualified Immunity Claims By Police Officers
In two unanimous per curiam opinions today, the U.S. Supreme Court indicated that qualified immunity for police officers was alive and well despite recent attacks on its propriety. In Rivas-Villegas v. Cortesluna, the Court reversed a ruling by the Ninth Circuit that denied qualified immunity to an officer responding to a violent domestic dispute who put his knee on an ... Read More
Attorney James Markels to Present “View from the Bench” CLE for Fairfax Bar Association
On October 26, 2021, Attorney James Markels will participate in a CLE titled "Annual Ultimate View from the Bench" for the Fairfax Bar Association. Mr. Markels will moderate the final panel of the event, "Issues in Civil, Criminal, and Family Practice" from 6:30-7:30PM. The list of speakers for the program, along with a link to register for the event, ... Read More
TAGGED: CLE, Fairfax Bar Association
|
Arthur D. Burger Will Speak at Panel During Legalweek 2022
On February 3, 2022, Arthur D. Burger, Chair of Jackson & Campbell's Professional Responsibility Practice Group, will speak in New York City at “Legalweek 2022,” Law.com’s annual conference, on a panel titled, “New Rules & New Realities: Ethically Managing Remote Work.” Joined by speaker Deborah Winokur, Esq., Professional Responsibility & Compliance Counsel at Cozen O'Connor, they will spotlight ethical challenges ... Read More
|
Virginia Supreme Court Authorizes Removal Of General Robert E. Lee Statue In Richmond
A large statue of Confederate General Robert E. Lee has stood for over 100 years on Monument Avenue in Richmond, along with statues of other Confederate notables. Times changed, and calls to remove the statues intensified. Governor Ralph Northam authorized the removal of the statues, but two lawsuits were filed by private individuals to protect Lee’s monument. In both cases, ... Read More