» Defenses

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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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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Negligence per se based on traffic regulations: A D.C. refresher

Two recent opinions from the U.S. District Court for the District of Columbia provide a refresher on D.C. law concerning negligence per se based on the violation of D.C. traffic regulations. In Mahnke v. Washington Metropolitan Area Transit Authority, No. 10-0021 (D.D.C. Oct. 20, 2011), the plaintiff was a pedestrian who ma… Read More
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Premises Liability: Maryland Court of Appeals clarifies assumption of risk defense in black ice case

In George Poole v. Coakley Williams Construction, Inc., et al., No. 130 Sept. Term 2010 (Oct. 27, 2011), and Mary Thomas v. Panco Management of Maryland, LLC, No. 133 Sept. Term 2010 (Oct. 31, 2011) the Court of Appeals overruled the Court of Special Appeals decision in Mary Thomas v. Panco Management of Maryland, LLC, et a… Read More
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Categories: Defenses, Maryland

Insurer’s Late Notice Defense in Virginia: Dabney v. Augusta Mutual Ins. Co.

In Dabney v. Augusta Mutual Insurance Co., 282 Va. 78, 710 S.E.2d 726 (2011), the Virginia Supreme Court held that the question whether the insured gave the insurer notice of the claim “as soon as is practicable” was a question for the jury, notwithstanding the insured’s 254-day delay in providing notice.… Read More
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Categories: Defenses, Insurance, Virginia

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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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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