Spring 2001 

• Virginia Legal Ethics 1750  clarifies advertising guidelines in Virginia

Winter 2001

• Maryland Landlords Face More Difficult Standard in Defending Against Lead-Based Paint Poisoning Claims

• Maryland Court of Appeals Examines What Constitutes Actual Prejudice to Insurer Justifying Disclaimer for Breach of Cooperation Clause

• Dwight D. Murray, Esq. was a Teaching Team Member for the Harvard Winter 2001 Trial Advocacy Workshop, held at Harvard Law School from January 22, 2001 to January 26, 2001.

• Carol Thomas Stone, Esq.  was a panelist during a one-day seminar for attorneys, Virginia Legal Ethics, held on January 24, 2001 in Arlington, Virginia.

• D. Stephenson Schwinn, Esq.  is one of five faculty members who will present a seminar entitled, Using Medical Records to Win Your Case in Maryland, to be held on April 26, 2001, in Baltimore, Maryland.  This basic-to-intermediate level course is designed for paralegals, legal assistants, legal secretaries and legal support staff involved in using medical records.

Fall 2000

• The 2000 Military Order of the Iron Mike award was conferred upon James F. Jordan, Esq. on September 20, 2000, for his many years of service to the Marine Corps.  For full details, click here. (This link will take you out of this website.

Spring 2000

• Summary Judgment In Legal Malpractice Case Reversed, Where Plaintiff Had Not Retained Expert Identified In Rule 26(b)(4) Statement, Based On Alleged Admission by Defendant  That He "Screwed  Up"

• Effect of Fiduciary Relationship On Application of Discovery Rule In DC Legal Malpractice Action

• Under D.C. Law, Oncoming Motorist's Contributory Negligence Barred Her Recovery, But Did Not Bar Her Husband's Claim For Loss of Consortium

• Assumption of Risk Defense Upheld Against Gas Line Repair Technician Injured in Gas Explosion

• A Conveyance of Property Insured Under a Title Insurance Policy, From the Gebhardts to Their Own Family L.L.C., Terminated the Title Insurance Policy. 

Winter 2000

• Wrongful Termination Verdict Reinstated Based on Breach of Contract and Employment Discrimination Against Employee With Hypertension -- Regardless of Disclaimer in Policy Manual

• District Of Columbia Consumer Protection Procedures Act Held to Apply to  Real Estate Mortgage Finance  Transactions Like Reverse Mortgages

• Exception  to Professional Rescuer's Doctrine Recognized In D.C.

• Employee's Receipt of Voluntary Workers' Compensation Payments In Another State Will Bar Compensation Under the D.C. Workers' Compensation Act, Regardless of the Employee's Knowledge of Rights

• Adoption Agency Held Not Liable For Medical Problems of Foreign-Born Child Adopted By American Client, Where Medical Problems Were Not Discovered Until After the Adoption

• Wrongful Discharge Claim Erroneously Dismissed By Trial Court In View Of Public Policy Exception To Employment At Will Doctrine, and Clear Public Policy Against Termination Of Special Police Officer Who Records And Reports A Bribe of a Government Official

• Reversible Error Where Trial Court Denied Plaintiff Enlargement of Discovery To Take Depositions of Defendant's Experts

• Long-Arm Jurisdiction Based on Advertising Within District of Columbia

• Long-Arm Jurisdiction Based On Internet Website Alone Is Rejected By D.C. Circuit

• Oral Argument Heard by U.S. Supreme Court in HMO Liability Case

• Maryland Rule 2-415(g), effective January 1, 2000, clarifies procedure for objections during depositions:

  • "The grounds of an objection need not be stated unless requested by a party.  If the ground of an objection is stated, it shall be stated specifically, concisely, and in a non-argumentative and non-suggestive manner.  If a party desires to make an objection for the record during the taking of a deposition that reasonably could have the effect of coaching or suggesting to the deponent how to answer, then the deponent, at the request of any party, shall be excused from the deposition during the making of the objection."

Fall Issue, 1999

• D.C. Court of Appeals Confirms Arbitration Award Requiring Developer to Pay $1 Million In Commercial Real Estate Broker's Commissions Immediately, Based On Tenancy Not Beginning Until August, 2002
• Maryland Court of Appeals Holds That Nonassignability Clause in Automobile Liability Policy Is Not Contrary To Public Policy And Is Enforceable, Foreclosing Direct Action by Health Care Provider to Collect UM Coverage

Summer Issue, 1999

• Off Duty Police Officer In Maryland Accorded Qualified Immunity for Hotel Lobby Shootout, Even Though Outside His Jurisdiction
• Internet Contacts Alone Can Be Sufficient To Establish Long-Arm Jurisdiction In Virginia
• Article, Pitfalls and Pratfalls of Establishing A Law Firm Website, by David B. Stratton, Esq.
• Article, Amendments to the DC Worker's Compensation Act Are Designed To Lower Costs to Employers, by D. Stephenson Schwinn, Esq.
• Underinsurance limits held not relevant in Maryland

Spring Issue, 1999

• New Maryland statute requires a certificate of a qualified expert to be filed in order that a suit against an architect, engineer, or certain other licensed professional may be maintained.
• Maryland Court of Appeals Holds That Remedy For Abuse of Discretion In Venue Transfer Under Rule 2-327(c) Is A New Trial, Refusing To Apply Harmless Error Doctrine

• D.C. Court of Appeals remands case in which surgeon alleged defamation based on a report to the National Practitioner Data Bank
• Virginia Supreme Court clarifies respondeat superior doctrine in context of assault on patron by supermarket clerk
• D. C. Court of Appeals reverses when plaintiff in legal malpractice case, who had obtained the entry of a default order, was still required to prove the case-within-the-case at the ex parte hearing on damages.
• D.C. Bar Legal Ethics Committee Opinion No. 290 Concerning Disclosure of Protected Information of Insureds to Insurers and Outside Auditing Agencies

Winter Issue, 1999

• Another Maryland Ruling on Pre-Impact Fright:  Pre-Impact Fright Damages May Be Sought In Motor Vehicle Case Where Decedent Tried To Avoid Oncoming Car By Accelerating.

• Virginia State Bar issues ethics opinion requiring full disclosure and consent by insured/client of insurer's litigation management guidelines

• . . . And Maryland follows with same ruling.

• En Banc D.C. Court of Appeals denies contribution or indemnity to successive tortfeasors

• D.C. Bar Legal Ethics Opinion No. 297, says that a lawyer may contact an unrepresented former employee of a party-opponent without obtaining consent from that party irrespective of the position formerly held by the ex-employee in the opposing organization

• In Maryland, only the party who propounded discovery requests is entitled to seek sanctions for opponent's failure to respond.

• Statute of limitations on insurer's breach of duty to defend begins to run against insured after the underlying tort action is terminated, under Maryland law.

Fall Issue, 1998

• Maryland Landlord Liable When Tenant's Pit Bull Killed Child While Mother and Child Were Visiting Tenant Within Tenant's Apartment -- Verdict in Excess of $5 Million Reinstated.

• D.C. Court of Appeals Reinstated Wrongful Discharge Action Based On Claim of Statutorily Banned Retaliation . . .
• . . .And Reinstates Another Wrongful Discharge Action by At-Will Employee Dismissed For Protesting Health Code Violations In Retirement Home Kitchen
• D.C. Court Affirms $300,000 Sex Discrimination Verdict But Reverses Award of Punitive Damages.
• Continuous Treatment Rule Applied to Medical Malpractice Actions in D.C.
• If it walks like a duck ... Chiropractor Can Be Sued For Psychological Malpractice in D.C. If He Adopts Counseling Role
• D.C. Bar Legal Ethics Committee issues Opinion No. 284, Advising and Billing Clients for Temporary Lawyers
• Maryland Court Affirms Malpractice Verdict of $125,000 Against Plaintiff's Attorney Based on Negligent Settlement 12 Years Before.
• Maryland Court of Appeals decides that damages for "pre-impact fright" are available under Maryland law.
• Virginia Supreme Court interprets "loading" in liability insurance policy covering a school bus, so as to provide coverage for student hit by a car while crossing the street to board the bus.
• Lead Contamination From Mini-Blinds

Summer Issue, I998

• District of Columbia Court of Appeals has recognized negligent spoliation, while Virginia Supreme Court says, not yet.
• D.C. Court of Appeals enforces contractual indemnification clause, making subcontractor indemnify general contractor for general contractor's own negligence.
• D.C. Court of Appeals reverses summary judgment awarded in favor of hospital where plaintiff failed to timely identify her expert witness.
• District of Columbia and Maryland take diverging approaches to continuous representation rule in legal malpractice cases.
• District of Columbia Court of Appeals refuses to broaden  recent exception to at-will employment doctrine in suit by associate against Skadden Arps.
• Virginia Supreme Court holds that insurer which defends negligent shooting case under reservation of rights is not estopped from later trying to prove shooting was intentional.
• Tenant's pit bull is "Trouble" for Maryland landlord.

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