Undocumented Workers Are Covered by D.C. Workers Compensation Act

In Asylum co. v. D.C. Depart. of Employment Services, No. 08-AA-1158 (D.C. Dec. 23, 2010), the Court of Appeals considered an issue of first impression in D.C.: whether a worker who is an undocumented alien is covered under the District of Columbia Workers’ Compensation Act. The Court affirmed the Compensation Review… Read More
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Fourth Circuit affirms award of summary judgment to defense in employment discrimination case

In Mascone v. American Physical Society, Inc., the Fourth Circuit affirmed the District Court’s award of summary judgment to the defendant, and the District Court’s denial of the plaintiff’s motion for reconsideration. The Court affirmed summary judgment on the wrongful termination claim, finding that the… Read More
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Legal Malpractice Claim Arising From Criminal Representation Barred By Collateral Estoppel

In Johnson v. Sullivan, the Court dismissed a legal malpractice claim arising out of prior criminal representation, based in part on the doctrine of defensive collateral estoppel. The plaintiff brought a legal malpractice action against his former criminal attorneys, who had represented him at trial and in post-trial procee… Read More
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Legal Malpractice Claim Barred by Virginia Statute of Limitations

In Van Dam v. Gay, No. 091659 (Va. Sept. 16, 2010), the Court affirmed the trial court’s award of summary judgment to an attorney in a legal malpractice case based on the statute of limitations. The alleged malpractice involved the representation of the former wife in a divorce case. As part of the divorce settlement,… Read More
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Countering A Plaintiff’s Counsel’s Minimal Expert Witness Disclosures in Lead Paint Litigation

In the Jamal Logan v. LSP Marketing Corp., et al., the Court of Special Appeals upheld the trial court’s granting of an order in a lead paint case precluding all but one of plaintiff’s 12 experts as a sanction for failure to comply with Md. Rule 2-402(g) (i.e. failing “to state the subject matter, substanc… Read More
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Motion to Dismiss Upheld for Failure to State a Claim and Failure to Obtain Leave to Amend

In Rashid Mohiuddin v. Doctors Billing & Management Solutions, Inc., et al., ________ Md. App. _________ (Nov. 1, 2010), the Court of Special Appeals addressed two issues; (1) whether the trial court had sufficient grounds to dismiss Plaintiff?s complaint on the grounds that it failed to state a cause of action, and (2)… Read More
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Categories: Maryland

Assumption of the Risk - Slip and Fall on Icy Sidewalk

In Mary Thomas v. Panco Management of Maryland, LLC, et al., ___________ Md. App. ____________ (Oct. 1, 2010), the Maryland Court of Special Appeals affirmed a ruling from the Circuit Court for Prince George’s County, holding that, in a slip and fall case, a plaintiff can be held to have voluntarily assumed the risk o… Read More
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Categories: Maryland

Racial Discrimination and Hostile Work Environment Claims in D.C. in in summary judgment

In Akridge v. Gallaudet University, No. 06-0346 (D.D.C. Aug. 3, 2010), Judge Urbina granted summary judgment to defendant Gallaudet University. The plaintiff, a hearing-impaired African-American male employed at the university, had aplied for the position of Career Center Director. Although the plaintiff was among 13 out of… Read More
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Trial Court’s Refusal to Allow Plaintiff To Name Substitute Expert Affirmed by D.C. Court of Appeals

In French v. Levitt, No. 09-CV-94 (D.C. July 8, 2010), the D.C. Court of Appeals affirmed the trial court’s denial of plaintiff’s motion to designate a new liability expert and for a continuance. However, this result was based on an unusual combination of factors that is unlikely to recur often. The plaintiff ha… Read More
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Abuse of process claim in District of Columbia ends with summary judgment for defense

In Houlahan v. World wide Associationof Specialty Programs and Schools, 677 F.Supp. 2d 195 (D.D.C. Jan. 5, 2010), the Court awarded summary judgment to the defendants on the plaintiff’s claim of abuse of process. The abuse of process claim was grounded on a defamation lawsuit that the defendants had filed against the… Read More
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