Category Archives: Legislation
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National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of September 23, 2020)
The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 pandemic and the declared national and state ... Read More
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Client Alert: D.C. Council Declined to Vote on First-of-Its-Kind Legislation Requiring Certain Insurers to Retroactively Cover COVID-19 Business Interruption Losses; Other States Are Still Considering
On Tuesday, May 5, 2020, the D.C. Council declined to vote on a portion of the Coronavirus Omnibus Emergency Amendment Act of 2020, called the Business Interruption Insurance Amendment Emergency Act, which would have required every business interruption and loss of use or occupancy insurance policy currently in force in the District of Columbia be read to cover business ... Read More
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Families First Coronavirus Response Act
On March 18, 2020, the 118th Congress of the United States signed into law the Families First Coronavirus Response Act, which will go into effect on April 2, 2020. The primary details of this newly enacted law are as follows: EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT (Section 3101) Applies to employers with fewer than 500 employees, but more than 25 ... Read More
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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
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D.C. Superior Court Amends Landlord/Tenant Rules
On July 23, 2019, the Superior Court of the District of Columbia issued amendments to the Landlord and Tenant Branch Rules of Procedure. Generally, the amendments made stylistic changes that are consistent with the recent amendments to the Superior Court Rules of Civil Procedure (i.e., the replacement of the word "shall" with "must"). Along with the stylistic changes, the amendments made several ... Read More
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Conservation Easements: Saving Our Green Spaces or Illegal Tax Shelters?
A property owner who donates an easement of his or her property to a charitable organization for conservation or historical purposes is permitted to take a charitable deduction for the value of that donated property easement. The statutory requirements are set forth in Internal Revenue Code §170(h). There are many conservation easements that are fulfilling the intent of the legislation ... Read More
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Changes to Paid Leave Policy Go into Effect for District of Columbia Employers
Employers in Washington, D.C. have been waiting for the Universal Paid Leave Amendments Act of 2016 (the Act) to go into effect. Much to the chagrin of many small employers, that time is here. The Act creates a mandatory, employer-funded, paid leave program, which provides up to eight weeks of paid leave to covered employees working in the District of Columbia ... Read More
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SCOTUS Opinion: Copyright Act’s Award Of Costs Limited To Those Available Under Typical Bill Of Costs
Oracle accused Rimini Street, Inc. of violating various copyrights, and won at trial. Under the Copyright Act, the district court awarded Oracle $12.8 million in litigation expenses under the Act. The district court acknowledged that it was awarding Oracle costs that were not within the six designated categories set forth under 28 U.S.C. secs. 1821 and 1920, ... Read More
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SCOTUS Opinion: Court Limits Immunity Afforded Under The International Organizations Immunity Act Of 1945
Originally, the International Organizations Immunity Act of 1945 (IOIA) granted foreign corporations virtually absolute immunity from suit. In 1952, the State Department adopted a more restrictive view, carving out commercial acts from that immunity. Congress then passed the Foreign Sovereign Immunities Act (FSIA) in 1976, which specifically excepted commercial activity with a sufficient nexus in the United States ... Read More
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Burglary Includes Structures Or Vehicles Adapted To Overnight Accommodation
The criminal defendants in United States v. Sims and United States v. Stitt were both sentenced under the mandatory minimum 15-year prison term provided by the Armed Career Criminal Act, which applies where a defendant had three prior convictions for certain crimes, including “burglary.” Sims and Stitt had each been previously convicted of burglary under state laws, which ... Read More
DC: Home Seller is not a merchant under CPPA; Buyer’s Claim of Withholding Information fails – no detrimental
In Sundberg v. TTR Realty, Buyers entered into a contract to purchase a home and alleged that, after the contract was signed, but before closing, the Seller and his real estate agent and brokerage withheld information and provided false information about construction that was to occur across the street. Buyers further allege ... Read More
How the ‘Drummer Boy’ Decision May Affect Us Locally
The D.C. Court of Appeals recently ruled that the super-priority status given to six months’ worth of condominium liens under D.C. Code sec. 42-1903.13 can wipe out all other liens on the condo unit, including a first-position mortgage, but that Court has not yet determined whether the six months ... Read More
VA Supreme Court Opinion: DRHI, Inc. v. Hanback
In DRHI, Inc. v. Hanback, The Virginia Supreme Court considered appeals in a property development dispute. The Court heard this case because it was not immediately apparent from the petitions for appeal whether this case involved a monetary judgment, a civil contempt fine, or both, in the interests of ... Read More
DC Court Clarifies Requirements for an Easement or a Prescriptive Easement
On September 18, 2014, the D.C. Court of Appeals provided a “clearer explication of the requirements to claim an implied grant of an easement or a prescriptive easement” to help guide D.C. landowners as to their rights. In Martin v. Bicknell, two neighboring townhouse owners got into a fight over a ... Read More
TAGGED: easement, washington dc, DC Court, prescriptive easement
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Online Filing – Income and Expense Report DC and Building Permits.
DC moves its technology forward to facilitate easy on-line filing. Commercial property owners can anticipate receipt of notification from OTR that on-line filing of Income and Expense forms is available. While online filing will be option for this year, it will be mandatory next year. The due date for the form remains unchanged: April 15. The paper forms are available at the OTR website ... Read More