Legal malpractice decision explores roles of judge, jury, and expert in District of Columbia

In a legal malpractice case, Hickey v. Scott, No. 07-1866 (D.D.C. July 11, 2011), the District Court explored the respective roles of the judge, jury, and expert under D.C. law. (An earlier decision in this case was previously discussed here.) The claim discussed in this ruling was the plaintiff’s allegation that the… Read More
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Impeachment with a prior conviction of an infamous crime, in Maryland

In Deltavia Cure v. State of Maryland, No. 135 Sept. Term 2010 (Md., Aug. 16, 2011), the Court of Appeals discussed the process by which a trial court evaluates whether to allow a witness’s prior conviction for an infamous crime to be used against him for impeachment purposes. The trial court must first look to Maryla… Read More
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Categories: Maryland

Innocent Insureds provision held not to save coverage for accounting firm for employee theft

In Bryan Brothers Inc. v. Continental Casualty Co., No. 10-1439 (4th Cir. March 24, 2011)(published per order filed Sept. 6, 2011), the Court held that the prior knowledge provision in an accounting firm’s professional liability policy was a clear and unambiguous condition precedent to recovery under the policy for th… Read More
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Categories: Insurance, Virginia

Employment discrimination action dismissed in favor of arbitration under employment agreement

In Ratliff v. Costar Realty Information, Inc., No. 11-0813 (D. Md. July 7, 2011), the U.S. District Court for the District of Maryland granted a motion to compel arbitration of an employment discrimination action. At the time she was hired, the plaintiff signed an employment agreement with Costar, which included an arbitrat… Read More
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John Tremain May selected for inclusion in the 2012 edition of The Best Lawyers in America

Congratulations to Partner John Tremain May, Esq. on having been selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America (Registered) in the practice area of Legal Malpractice Law – Defendants. John May defends attorneys and accountants in professional malpractice actions in the District… Read More
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Categories: News

Novel settlement coupled with assignment of contribution claim against co-defendant in D.C.

In Estate of Kurstin v. Lordan, No. 07-CV-1221 (D.C. July 21, 2011), the D.C. Court of Appeals approved an unusual settlement arrangement in a medical malpractice action, in which the settlement agreement preserved the settling anesthesiologist’s claim of contribution from the non-settling surgeon, but solely for the… Read More
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Maryland federal court denies coverage under CGL policy for alleged theft of $1.5 million in goods

In IFCO Systems North America, Inc. v. American Home Assurance Company, No. 09-2874 (D. Md. June 23, 2011), the Court granted summary judgment to American Home Assurance Company, finding no coverage under the American Home policy for the insured’s liability arising from alleged theft by the insured’s employees o… Read More
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Categories: Insurance, Maryland

Suicide of another held not to support negligence action in District of Columbia

In Rollins v. Wackenhut Services, No. 10-00047 (D.D.C. Aug. 10, 2011), the court dismissed wrongful death and survival actions brought against an employer and a pharmaceutical company by the mother of a twenty-three year old man who was working as an armed security guard when he committed suicide with his work-issued pistol… Read More
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Rescission action requires reasonable promptness by insurer

In The Charter Oak Fire Ins. Co. v. American Capital, Ltd., No. DKC 09-0100 (Aug. 9, 2011), the Court considered the issue of whether an insurer acted with reasonable promptness to rescind an insurance policy after learning of misrepresentations in the application for insurance. The district court denied the insured’s… Read More
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Categories: Insurance, Maryland

Virginia Court of Appeals nixes 6 person spa pool as treatment under workers compensation

In Portsmouth School Board v Harris, No. 0026-11-1 (Va. App. July 19, 2011), the Court reversed a decision by the Virginia Workers Compensation Commission, which held that the employer was responsible for paying for a six-person spa pool purchased by the claimant, as physician-ordered treatment which was reasonable, necessa… Read More
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