Category Archives: News

SCOTUS Opinion: Eighth Amendment Bars Execution Of Defendant Without “Rational Understanding” Of The Reason For Execution

After he was sentenced to death for killing a police officer, Vernon Madison suffered a series of strokes and was diagnosed with dementia. In a prior series of appeals by Madison, the U.S. Supreme Court held that his mere inability to remember his crime did not establish that Madison was incompetent to be executed. When his execution was rescheduled on... Read More >

SCOTUS Opinion: Failure To File Appeal Is Constitutionally Deficient Even After Defendant Signs Appeal Waiver

In Garza v. Idaho, Garza signed two plea agreements for state crimes, each of which included a waiver of his appeal rights. After he was sentenced, Garza told his counsel that he wanted to appeal. His counsel did not file any appeal, telling Garza that his waivers made any such appeal “problematic.” After the deadline to appeal passed, Garza... Read More >

SCOTUS Opinion: Deadline To Appeal Class Decertification Not Subject To Equitable Tolling

Under Rule 23(f) of the Federal Rules of Civil Procedure, a party has 14 days to file with the federal circuit appeals court a petition for permission to appeal an order certifying or decertifying a class action. In Nutraceutical Corp. v. Lambert, when the district court decertified his class action, Troy Lambert chose to file a motion for... Read More >

SCOTUS Opinion: Judges Cannot Vote On Cases After Death

In Yovino v. Rizo, the Ninth Circuit heard the case en banc (with 11 then-sitting judges) to restate that circuit’s interpretation of the Equal Pay Act. Judge Stephen Reinhardt authored the majority opinion that was joined by six of the judges, including Reinhardt himself. The other five judges filed concurrences that reached a similar result but under different... Read More >

Arthur D. Burger Will Participate on a Panel at this Spring’s American Bar Association’s 34th Annual Intellectual Property Law Conference

On Friday, April 12, Arthur D. Burger will participate in the American Bar Association’s (ABA) 34th Annual Intellectual Property Law Conference in Arlington, Virginia as part of a panel titled, “Rocks and Hard Places for IP Practitioners.”  The panel will discuss various ethical issues that IP attorneys need to navigate in order to successfully represent their clients... Read More >

In Two Orders, SCOTUS Stays Louisiana Abortion Law, Permits Execution—Both Over Four Dissenters

In June Medical Services, LLC v. Gee, a five-Justice majority (the Chief Justice and Justices Ginsburg, Breyer, Sotomayor, and Kagan) granted a stay of the Fifth Circuit’s mandate upholding a Louisiana law that required abortion providers to have admitting privileges at a hospital. The law is therefore on hold until the Court resolves the petition for certiorari of that... Read More >

Arthur D. Burger Will Participate on a Panel at the 2019 American Bar Association’s Annual National Conference on Professional Responsibility

On Thursday, May 31, Arthur D. Burger will participate in a risk management panel with colleagues from Aon Risk Solutions and Hogan Lovells. The panel is a part of the American Bar Association’s (ABA) Annual National Conference on Professional Responsibility in Vancouver, British Columbia and will cover how to evaluate and improve a law firm’s risk management standards and how... Read More >

Once Sold (Even Under Term Of Confidentiality), An Invention May Not Be Patented

Under the Leahy-Smith America Invents Act, an invention may not be patented if it has been “in public use, sold, or otherwise available to the public before the effective filing date of the claimed invention.” In Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., the issue was whether an invention had been “sold” within the ambit of the... Read More >

Tax Treaty Interpretation: Nonjusticiable Political Question?

The U.S. Court of Appeals for the District of Columbia reversed and remanded the lower court’s decision in a case involving the interpretation of the US-Switzerland tax treaty. In Starr International Company, Inc. v. United States, No. 1:14-cv-01593  (D.C. Cir. Dec. 7, 2019), Starr sought a tax refund for a portion of the 30 percent withholding taxes automatically... Read More >

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 >

Arthur D. Burger to Participate on Panel at the 2018 Judicial Conference of the Occupational Safety & Health Review Commission

On September 13, 2018, Arthur D. Burger will participate on a two-person panel on professionalism and ethics at the 2018 Judicial Conference of the Occupational Safety & Health Review Commission at the Darcy Hotel in Washington, D.C. Assistant Virginia Bar Counsel Kathleen Uston, formerly president of the National Organization of Bar Counsel, is also on the Panel, which... Read More >

Housing Licensing and TOPA in the District of Columbia

Recent changes to the Tenant Opportunity to Purchase Act (TOPA) in the District of Columbia have had broad repercussions in the single-family rental market. Since TOPA’s inception, the competing purposes of maintaining a rental market and encouraging tenants to leave the rental market and become homeowners have resulted in a structure that is difficult to follow and has... Read More >

Arthur D. Burger to Participate on Panel at the National Legal Malpractice Conference of the American Bar Association

Arthur D. Burger will be a speaker at the National Legal Malpractice Conference of the American Bar Association at Las Vegas on September 27, 2018. He will be joining a panel of legal malpractice experts from the firms of Williams & Connolly, Gibson Dunn, and Lewis Brisbois. The Panel will discuss strategies for defending suits involving allegations against... Read More >

Health Law Group Privileged to Serve Children’s National Medical Center

Recently Jackson & Campbell’s Health Law Practice Group successfully defended Children’s National Medical Center in a wrongful death lawsuit. Judge Anthony Epstein entered judgment for the hospital after Plaintiff rested his case at trial. Attorneys Crystal S. Deese and Diona Howard-Nicolas, along with the entire Health Law Practice Group, are honored to have served our client in... Read More >

Arthur D. Burger Moderates Panel Presentation on Client Misconduct at the American Bar Association’s Annual Conference

The June 13th edition of the ABA/BNA Manual on Professional Conduct includes a summary of the ABA’s annual Conference on Professional Ethics panel presentation on proper handling of client misconduct. Leading the discussion as moderator was Arthur D. Burger, chair of Jackson & Campbell’s Professional Responsibility Practice Group. Click here to read the summary... Read More >

Arthur D. Burger Quoted By Bloomberg Law

Arthur D. Burger, Chair of the Professional Responsibility Practice Group, was asked by Bloomberg Law to comment on the case of Joffe v. King & Spalding LLP, in which a former associate of the law firm was fired after raising ethical concerns about a case. Burger was quoted for his comments regarding prudent risk management procedures that law firms... Read More >

D.C. Real Estate Loan Drafting Guidance

Practical Law, a Thomson Reuters company that publishes online resources for attorneys, recently launched a state-by-state survey providing Real Estate Loan Drafting Guidance that caters to real estate finance practitioners.  Erica Litovitz and Brian W. Thompson contributed the DC-specific content, which Practical Law published on May 29, 2018 and is now available to subscribers of Practical Law. Published... Read More >

TOPA Update – Single-Family Homes, DC Legislation Passed

This is an update from the articles posted March 9, April 4, April 6, and April 10, 2018 relating to Single-Family Homes – DC Legislation Proposed to Exclude from TOPA. The District of Columbia Council passed legislation today, April 10, 2018, that excludes single-family homes from TOPA. Bill 22-315, was first introduced last... Read More >

TAGGED:

Emotional Support Animals in Cooperative Apartment and Condo Communities: What Every Association and Owner Should Know

By DAVID A. RAHNIS An emotional support animal (commonly referred to as an “ESA”) is a companion animal (typically a dog or cat) that provides therapeutic benefit to an individual with a mental or psychiatric disability.  An ESA is not the same thing as a “pet”.  Rather, for a resident of a Coop or Condo who is living with a mental... Read More >

Are You Ready? DC’s Overhauled Zoning Regulations Become Effective September 6

DC’s new zoning regulations – referred to as “ZR16” – become effective September 6.  They are the product of a multi-year review by the Zoning Review Taskforce of the original zoning regulations enacted in 1958 and amended or updated through a patchwork process in the succeeding decades.  The Zoning Review Taskforce was comprised of representatives of the DC Government, the... Read More >

Analysis of Key Changes To GCAAR Documents

Analysis of Changes in 10/2015 Version Roy L. Kaufmann Jackson & Campbell, P.C. A well-formatted, printable .pdf of this article is available here. GCAAR SALES CONTRACT (GCAAR FORM 911) [1] General Comments             The new GCAAR Sales Contract (here, we will call it the “Contract”, formerly called the “Regional Sales Contract”) to be implemented on... Read More >

TAGGED:

Conservation Lawsuit Revived—Whether Act Is Inconsistent With Another Law Does Not Deprive Court Of Jurisdiction

The Fourth Circuit again reversed dismissals under Rule 12(b) in Goldfarb v. Mayor and City Council of Baltimore, in a case regarding contamination claims brought under the Resource Conservation and Recovery Act, 42 USC sec. 6901, et seq. The City of Baltimore gave a parcel of land near the Patapsco River, formerly used for... Read More >

U.S. Supreme Court: Same-Sex Marriage Is a Right

[caption id="attachment_315" align="alignright" width="150"] Photo Credit: US Rep. Mark Pocan Twitter[/caption] Coincidentally timed on the anniversary of the decisions in Lawrence v. Texas and U.S. v. Windsor, two prior gay-rights cases, Justice Kennedy announced the majority opinion in Obergefell v. Hodges, in which the five-person majority held that the Fourteenth Amendment requires all... Read More >