Professional liability:  4th Circuit finds insurer required to defend Maryland accounting firm

In Trice, Geary & Myers, LLC v. Camico Mutual Ins. Co., No. 10-1473 (4th Cir. Dec. 22, 2011 (unpublished), an accounting firm appealed the district court's award of summary judgment to their insurer in a declaratory judgment concerning insurance coverage. The 4th Circuit reversed. The district court had awarded sum… Read More
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Categories: Insurance, Maryland

D.C. Workers' Compensation Defense: Key events every adjuster should know

As the Court of Appeals frequently notes in decisions concerning the D.C. Workers’ Compensation Act, the Act is to be liberally construed in keeping with its humanitarian purpose of providing financial and medical benefits to workers who injured in the course of their employment. See, e.g. Grayson v. DOES, 516 A.2d 909, 9… Read More
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Allocation of lead paint poisoning liability under Maryland law

In Pennsylvania Nat. Mut. Cas. Ins. Co. v. Roberts, No. 10-1987 (4th Cir. Feb. 3, 2012), the Court considered an insurer's allocation of liability, under Maryland law, for a $850,000 judgment arising from lead paint poisoning, where the insurer's time on the risk was only a fraction of the plaintiff's exposur… Read More
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Attorney malpractice claims in $100 million D.C. patent malpractice suit survive preliminary motions

In Lans v. Adduci Mastriani & Schaumberg L.L.P., No. 02-2165 (D.D.C. May 23, 2011), the District Court, in a 120-page opinion, denied the defendants’ motion to dismiss an attorney malpractice suit arising out of patent litigation. In this suit, the plaintiffs claim that the defendants’ alleged misdeeds resul… Read More
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Maryland upholds use of fair reporting and comment privilege as basis for dismissing defamation suit

In Nicholas A. Piscatelli v. Van Smith, et al., No. 18, Sept. Term 2011 (Jan 23, 2012), the Maryland Court of Appeals affirmed that the reporters published articles in the City Paper, which described Nicholas Piscatelli’s possible connection to a double murder in an unflattering light, were within the protective embra… Read More
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Categories: Defenses, Maryland

Employees’ Claim Against Employer for Unpaid Wages Dismissed Pursuant to Iqbal and Twombly

In Eric Johnson, et al, v. Prospect Waterproofing Company, et al., Civil Action No. 11-0077, (D.D.C. Sept. 21, 2011), the U.S. District Court for the District of Columbia dismissed the plaintiffs’ suit against their employer for unpaid wages for failing to state a claim pursuant to Ashcraft v. Iqbal, 129 S.Ct. 1937 (2… Read More
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Lawyer Professional Liability: D.C. Circuit discusses remedy following breach of fiduciary duty

In So v. Suchanek, Nos. 10-7071, 10-7087 and 10-7113 (D.C. Cir. Jan. 20, 2012), a professional liability action against an attorney, the Court considered the defendant attorney's appeal of a judgment that the attorney had to disgorge fees, with interest, totaling $455,933.52 as a result of the attorney's breach of… Read More
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U.S. District Court rules that Federal law and FDA Regulation Pre-empt State Law Claims

In Beatrice Grinage v. Mylan Pharmaceuticals, Inc., Civil No. CCB 11-1436 (D.Md. Dec. 30, 2011), the U.S. District Court for the District of Maryland dismissed plaintiff’s lawsuit on the basis that federal law and FDA regulations pre-empted the plaintiff’s state law claims for negligence, strict products liabili… Read More
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Minimum contacts analysis for personal jurisdiction over foreign components manufacturer

In Robert Windsor, Jr., et al., v. Spinner Industry Co., Ltd., et al., Civil No. JKB 10-114 (D.Md. Dec. 15, 2011), the U.S. District Court for the District of Maryland analyzed the appropriate standard by which to determine whether a foreign corporation has sufficient minimum contacts in order to assert personal jurisdictio… Read More
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Employee’s disclaimer of third party tort action against employer’s customers upheld by D.C. Court

In Brown v. 1301 K Street Limited Partnership, No. 09-CV-695 (D.C. Nov. 23, 2011), the D.C. Court of Appeals upheld the validity of a disclaimer signed by a security guard, in which she agreed that her workers’ compensation benefits from her employer would be her sole remedy and that she waived any rights she had to m… Read More
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