Legal malpractice insurer breached duty to defend, affirms 4th Circuit

In Minnesota Lawyers Mutual Insurance Co. v. Batzli, Nos. 10-1684, 10-1839, 10-1910 (4th Cir. Aug. 4, 2011)(unpublished), the 4th Circuit affirmed the trial court’s denial of a post-trial motion for judgment as a matter of law, made by the insurer, that challenged the jury’s verdict that the insurer breached its… Read More
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Qualified common interest privilege applied in D.C. defamation case

In Payne v. Clark, No. 09-CV-1492 (D.C. Aug. 4, 2011), the D.C. Court of Appeals held that with respect to a defamation claim, a qualified common interest privilege protects statements made by citizens and other third parties who communicate in good faith with District agencies during an investigation into alleged misconduc… Read More
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Statute of limitations held to bar medical malpractice action for failure to diagnose cancer

In Linton v. Evans, the Plaintiff, in an attempt to avoid the three year statute of limitations period, argued that limitations began to run when she learned that her cancer was “probably noncurable,” rather than when she first learned she had cancer. The plaintiff argued that her claim was timely filed on May 7… Read More
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Categories: Maryland

Virginia Court of Appeals denies workers compensation award during work furlough

In Utility Trailer Manufacturing Company and Liberty Insurance Corporation v. Testerman, No. 1484-10-3 (Va. App. July 12, 2011), the Court considered the issue whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, ju… Read More
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In DCHRA case, Court affirms $1 compensatory damages and $42,677.50 in punitive damages

In Howard University v. Wilkins, Nos. 09-CV-318, 09-CV-319, and 09-CV-544 (D.C. June 30, 2011), the Court affirmed the plaintiff’s verdict, in a District of Columbia Human Rights Act action for retaliation, of $1.00 in compensatory damages, and $42,677.50 in punitive damages. The plaintiff had alleged that Howard Univ… Read More
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In Maryland civil actions, admissibility of other crimes, wrongs or acts is governed by Rule 403

Ruffin Hotel Corporation of Maryland, Inc. v. Gasper, changed the common understanding as to the applicability of Rule 404(b) in civil cases. In that case, a hotel employee brought suit against her former employer following her termination. The Complaint contained claims for sexual harassment and retaliatory discharge. Plai… Read More
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Categories: Maryland

Landlord loses pitbull injury suit on appeal in Maryland

Solesky v. Tracey seemingly expanded a landowner’s potential liability for the damages caused by tenant’s pets. That case concerned a landlord’s liability for the mauling of a boy by a tenant’s pit bull. In 2006, the landlord rented her property to two tenants. The lease included a provision allowing… Read More
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Categories: Maryland

DC team wins defense jury verdict in FDCPA action

In May of 2011, John Tremain May and Padraic Keane of Jordan Coyne & Savits, L.L.P. successfully defended a law firm in the United States District Court for the District of Columbia in a lawsuit alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). The plaintiff alleged that the defendant… Read More
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The Insurer's Duty to Defend in the District of Columbia

In Stevens v. United General Title Insurance Co. , 801 A.2d 61 (D.C. 2002), the Court reaffirmed the District of Columbia’s adherence to the “eight corners rule,” requiring a comparison of the complaint with the insurance policy to determine the existence of a duty to defend. “Under [the ‘eight… Read More
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Wrongful death settlement procedures reviewed in Maryland

In ACE American Insurance Company v. Williams, et al., 418 Md. 400, 15 A.3d 761 (2010), the Maryland Court of Appeals held that a court cannot approve a settlement of a wrongful death action unless the settlement complies with the requirements of Maryland Rule 15-1001, Courts and Judicial Proceedings Article sec. 3-904, and… Read More
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Categories: Maryland