Limit on Virginia courts to enforce subpoena duces tecum on nonresident non-parties
April 30th, 2015
In Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 2015 Va. LEXIS 51 (April 16, 2015), the Supreme Court of Virginia considered the issue of whether a Virginia Circuit Court was empowered to enforce a subpoena duces tecum against a non-party California company having a registered agent in Virginia. The Court held that Virginia…
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D.C. Court of Appeals adopts the economic loss doctrine
October 13th, 2014
In Aguilar v. RP MRP Washington Harbor, LLC __ A.3d __ (D.C. Sept. 4, 2014), the D.C. Court of Appeals considered the issue whether the District of Columbia will follow the majority of jurisdictions by adopting the “economic loss doctrine” which prohibits claims of negligence where a claimant seeks to recover pu…
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Failure to issue reservation of rights letter does not waive per claim/per claimant deductible
August 25th, 2014
We previously noted the decision in Cincinnati Insurance Co. v. All Plumbing, Inc., Civil Action No. 12-851 (D.D.C. Oct. 18, 2013)(Kollar-Kotelly, J.), where the Court held that Cincinnati Insurance's failure to properly reserve its rights and five-month delay in disclaiming coverage while controlling important actions…
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DC: Legal malpractice verdict in favor of plaintiff reversed on appeal due to lack of privity
August 16th, 2014
In Scott v. Burgin, No. 12-V-1474 (D.C. Aug. 14, 2014), the Court reversed a $255,000 jury award in a legal malpractice case against a divorce attorney. The plaintiff was not a client of the defendant law firm, and consequently the Court held that the defendant's duty of care did not extend to the Plaintiff, and revers…
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Expert witness ruling in District of Columbia cell phone litigation
August 10th, 2014
“Can cell phones cause brain cancer?” That is a fundamental issue in Murray v. Motorola, Case No. 2001 CA 008479 (Superior Court for the District of Columbia, Aug. 8, 2014), in which Judge Frederick H. Weisberg has issued a 76 page opinion, ruling on the defendants’ Dyas/Frye challenges to the admissibilit…
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D.C. Court of Appeals affirms summary judgment based on judicial estoppel
August 9th, 2014
In Atkins v. 4940 Wisconsin LLC, ___ A.2d ___, 2014 D.C. App. LEXIS 192 (D.C. July 3, 2014), the Court affirmed the trial court's award of summary judgment to the defendant on the grounds of judicial estoppel, based on the plaintiff's filings in bankruptcy court in which he represented in his schedules that he had…
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Subrogation: Maryland Workers' Compensation Lien
July 7th, 2014
Contributor: D. Stephenson Schwinn
In Maryland, an employer/insurer may recover reimbursement of workers’ compensation benefits paid in cases where a third party is liable for the employee’s injury. This is an overview of certain statutory provisions and legal doctrines that may have a bearing on such claims. We hope you find it useful. More
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Failure to issue reservation of rights letter results in waiver of all coverage defenses
February 17th, 2014
In Cincinnati Insurance Co. v. All Plumbing, Inc., Civil Action No. 12-851 (D.D.C. Oct. 18, 2013)(Kollar-Kotelly, J.), the Court held that Cincinnati Insurance's failure to properly reserve its rights and five-month delay in disclaiming coverage while controlling important actions in the insureds' defense preclude…
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Effective Demonstrative Evidence
January 20th, 2014
We always look for ways to get the most value for our litigation expense investment. Not long ago, I secured a defense verdict in a case where the plaintiff turned left in front of a truck driven by my client. The issue was whether or not he had time to react and avoid the collision. Using a radar gun and exemplar vehicle,…
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Maryland: The Interplay Between Workers' Compensation and Uninsured Motorists Insurance
December 19th, 2013
Contributor: D. Stephenson Schwinn
Interesting outcomes can result at the intersection of two insurance schemes under Maryland law: uninsured/underinsured motorists (UIM) and workers’ compensation. In Brethren Mut. Ins. Co. v. Suchoza, 212 Md. App. 43 (May 29, 2013), cert. denied, 2013 Md. LEXIS 631 (September 23, 2013), the Court held that the UIM carrier…
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