In Minnesota Lawyers Mut. Ins. Co. v. Antonelli, Terry, Stout & Kraus, LLP, No. 10-2404 (4th Cir. March 29, 2012)(unpublished), the Court affirmed the District Court's award of summary judgment to the insurer, holding that the insurer does not have a duty to defend the insured law firm because the complaint falls e…
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To update a previous post dealing with the application of the pollution exclusion in a Chinese drywall case, in Travco Ins. Co. v. Ward, No. 10-1710 (4th Cir. March 1, 2012), an insured had appealed from an order granting summary judgment to his homeowner's insurer in a Chinese drywall case. The District Court found th…
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In First American Title Insurance Company v. Western Surety Company, No. 111394 (March 2, 2012), the Virginia Supreme Court addressed three questions of law certified by the United States Court of Appeals for the Fourth Circuit. The Court held: (1) that the Virginia Consumer Real Estate Settlement Protection Act (“CRE…
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In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits. The p…
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Jordan Coyne & Savits, L.L.P. was named to the 2011-2012 U.S. News list of Best Law Firms. For 2011-2012, Jordan Coyne & Savits, L.L.P. was recognized as a Tier 1 firm for Legal Malpractice Law – Defendants, and Personal Injury Litigation – Defendants.
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In Garrity v. IWIF, No. 1185, September Term, 2010 (Md. App. February 9, 2012), appellant was a part-time bailiff at the District Court for Baltimore City, where he was involved in an automobile accident as he was returning to the courthouse. Appellant had already arrived at work earlier in the morning but realized the tie…
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While the District of Columbia possesses discretion over the imposition of punitive damages, the Due Process Clause of the Fourteenth Amendment prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeasor (although because the District of Columbia is not a state, the analysis is under the Due Proce…
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On February 7, 2012 the U.S. District Court of Maryland issued a memorandum opinion granting summary judgment to the defendant police officers in a civil lawsuit alleging liability for unlawful arrest (allegedly due to racial considerations). Santos v. Frederick County Board of Commissioners, No. L-09-2978 (D. Md. Feb. 7, 2…
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In Murray v. Transcare Maryland, Inc., No. 1791, Sept. Term 2010 (Feb. 9, 2012), the Court of Special Appeals held that a private for-profit ambulance service is not subject to Maryland’s Good Samaritan Act (Md. Courts and Jud Code Ann. § 5-603) or to the Fire and Rescue Act (§ 5-604). Both statutes are desi…
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Both Maryland and the District of Columbia recognize, as long-standing common law, the collateral source rule in the context of personal injury litigation. Maryland, for example, has recognized the collateral source rule for at least 112 years. See Norfolk Southern Ry. Corp. v. Tiller, 179 Md. App. 318, 327 (2008) (noting r…
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