In Memoriam - James F. Jordan
November 11th, 2016
James F. Jordan of Chevy Chase, Maryland, passed away peacefully on November 10, 2016. Jim was born on February 9, 1933 in Washington, D.C. He was preceded in death by his parents, John A. Jordan, Sr. and Margaret Ellen Leahan Jordan, his sisters, Mary Margaret Jordan McKeever, Rita Bridgett Jordan Marshall, Joanne Ellen Jo…
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Categories: News
Virginia Workers’ Compensation: Injury After Clocking Out
April 15th, 2016
In Jones v. The Woodlands, Inc., Jurisdiction Claim No. VA00001035833 (March 29, 2016), the Virginia Workers’ Compensation Commission ruled that an employee injured on the employer’s premises but after he had clocked out was not injured in the course of his employment. The Commission reversed the Deputy Commissi…
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Eastern District of Virginia rules on school restroom policy regarding transgender students
October 9th, 2015
In G.G. v. Gloucester County School Board, Civil No. 4:15cv54., the U.S. District Court for the Eastern District of Virginia considered whether a school board resolution requiring that the use of male or female restrooms and locker rooms be restricted to those of the corresponding biological gender constituted impermissible…
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Avoiding the Late Payment Penalty
September 8th, 2015
Compensation awarded in an Order must be “paid within 10 days after it becomes due” or a statutorily mandated twenty-percent penalty shall be imposed. D.C. Code § 32-1515. In Daly v. D.C. Dep't of Empl. Servs., 2015 D.C. App. LEXIS 359, 12-13 (D.C. Aug. 6, 2015), the Court held that payment becomes …
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D.C. Workers Compensation Act Amended to Provide for Reversion of Third Party Claims
September 2nd, 2015
The District of Columbia Workers Compensation Act provides for an automatic assignment of the right to sue a third party to the employer if the person entitled to compensation does not file suit within six months after being awarded compensation in an order. D.C. Code § 32-1535(b). This provision had been applied to ba…
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Indemnification in Maryland
August 4th, 2015
Frequently, when a party asserts a cross- or third-party claim, at least one count will assert that the cross- or third-party plaintiff is entitled to indemnification. It is almost boilerplate. However, Maryland law is fairly restrictive on the concept of indemnification, and frequently claims for indemnification are vulner…
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Categories: Maryland
District of Columbia: Duties of Local Counsel
August 2nd, 2015
The District of Columbia Court of Appeals has reminded the bar again that when an attorney undertakes to act on behalf of another person, no matter what the circumstances, he invokes upon himself the entire structure of the Code of Professional Responsibility. In re Thomas Fortune Fay, No. 14-BG-7 (D.C. March 19, 2015). The…
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Categories: Uncategorized
Virginia Legal Malpractice: The burden of proving non-collectibility is on negligent attorney
August 1st, 2015
In Shevlin Smith v. McLaughlin, the Virginia Supreme Court considered the issues of: (1) whether an attorney breaches the duty to a client by failing to correctly anticipate a judicial ruling on an unsettled legal issue; (2) whether collectibility is relevant to a legal malpractice claim when the alleged injury is the loss…
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Requirements to plead a legal malpractice action arising from a criminal matter in Virginia
July 27th, 2015
In Desetti v. Chester, the Virginia Supreme Court considered the issue of whether a plaintiff sufficiently pled a claim for legal malpractice that occurred during the course of an attorney's misrepresentation of the plaintiff in a criminal matter. The plaintiff, her husband, and her son were all involved in a criminal…
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Federal court in D.C. rejects dramshop liability claims arising from off-premises fight
May 15th, 2015
Partner Steve Schwinn, assisted by Raphael Cohen, of Jordan Coyne, LLP secured the dismissal of all claims against a District of Columbia nightclub owner seeking damages arising from the death of a graduate school student who became involved in a fight outside a fast food restaurant with three men who had been served alcoho…
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