
Category Archives: News
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
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
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
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
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
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
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
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
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
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
The Best Lawyers in America 2024
Jackson & Campbell, P.C. is pleased to announce a number of our Directors have been named to The Best Lawyers in America© 2024 Edition. Congratulations to: Arthur D. Burger (2015) - Ethics and Professional Responsibility Law Christopher ... Read More
Appellate Court of Maryland confirms an “easement to nowhere” is terminated.
The Appellate Court of Maryland has confirmed that an “easement to nowhere,” if it existed, may be terminated by estoppel and adverse possession. In Holder v. Uncle Eddie’s Brokedown Palace, LLC, the Court examined an express easement which included purported rights to traverse lands not owned by the servient estate and how the conveyed rights, if any, may be terminated. In Holder, Justin Young ... Read More
TAGGED: #realestatelaw #DCrealestate
Condo Association Took Proper Disciplinary Action
On February 16, 2023, the D.C. Court of Appeals upheld a decision that a condominium association’s failure to precisely comply with certain provisions of its bylaws may not deprive a member of due process rights. In Rayner v. Yale Steam Laundry Condo. Ass’n, No. 21-VA-122 & 22-CV-58 (D.C. Cir. Feb. 16, 2023), the Association issued a written notice for a hearing ... Read More
Arthur D. Burger to present at 2023 MWELA Annual Conference
Arthur D. Burger, chair of Jackson & Campbell’s Professional Responsibility Group, will make a presentation at the Annual Meeting of the Metropolitan Employment Lawyers Association (“MWELA”) on March 3, 2023 on the topic of Ethics in Fee-Shifting cases at The Mayflower Hotel. For more details and to register, visit here. ... Read More
A Fond Farewell to Times New Roman: DEI Committees Recommend Changing to a Sans Serif for Accessibility
In May of 2020, Jackson & Campbell adopted a new policy for all firm communications: it replaced Times New Roman font with Calibri, a more accessible and easier-to-read font. If high-tech scanners had trouble reading Times New Roman font, chances were that some of the people reading our communications also found difficulty in reading that font. Earlier this ... Read More
Massachusetts Supreme Judicial Court Declines to Find Common-Law Duty for Insurer to Cover Mitigation Costs
In Ken’s Foods, Inc. v. Steadfast Insurance Co, Case No. SJC-13303 (Mass. Jan. 6, 2023), the Supreme Judicial Court of Massachusetts issued an opinion holding that there is no common law duty for insurers to cover mitigation costs incurred by an insured when the terms of the policy at issue are unambiguous and do not provide for such coverage. The ... Read More
Georgia Federal Court: General Liability Policy’s Pollution Exclusion Bars Coverage for Claims Arising from Discharge of PFAS into Waterways
In a December 5, 2022 decision, the Northern District of Georgia determined that a total pollution exclusion in a commercial general liability policy precluded coverage for damages arising out of the discharge of PFAS chemicals into waterways. Read more here ... Read More
Maryland and Virginia appellate courts issue decisions on statutory interpretation
In the Maryland case of Elsberry v. Stanley Martin Companies, LLC, the purchasers of a single-family home in Charles County filed suit alleging that the seller improperly imposed an amortized water and sewer charge for a period of thirty years after the date of the initial sale. The homeowners filed suit contending that Md. Code Real Prop. § 14-117 ... Read More
TAGGED: #realestatelaw #DCrealestate
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
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
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
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
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
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
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
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