» District of Columbia

Workers' Compensation Claims Management in the District of Columbia and Maryland

This article presents insights into the management of workers’ compensation claims in the District of Columbia and Maryland.  READ MORE Read More
Read More

Light Duty Programs in the District of Columbia

Instituting a light-duty program can result in substantial savings. Many employers use some form of light duty program to limit long term exposures, and to encourage re-integration of disabled employees into the workplace. Some find it can be an effective component of the risk management plan by fostering safe work practice… Read More
Read More

DC CPPA:  Complaint based on bank’s undisclosed use of overseas call centers is dismissed

By David B. Stratton In Floyd v. Bank of America Corporation, No. 12-CV-591 (D.C. July 11, 2013), the D.C. Court of Appeals affirmed the dismissal of a complaint under the District of Columbia Consumer Protection Procedures Act (the “CPPA”), addressing the issues of standing and failure to state a claim up… Read More
Read More

2012 Update: Effectiveness of Written Indemnification Agreements in the District of Columbia

Indemnity agreements are widely used in the construction and property management industries, and are “insured contracts” under the standard Broad Form CGL policy.  In the District of Columbia, such agreements can operate not only to protect the indemnitee from vicarious liability, but also to shift liability for the in… Read More
Read More

Liability of Landowner for Criminal Acts of Third Parties

Can a landowner be held accountable for personal injuries caused by the intentional (or criminal) acts of third parties? In Maryland, the District of Columbia, Virginia and West Virginia, the answer is generally, no. Nevertheless, there are enough exceptions to this general rule that landowners could face extensive liabilit… Read More
Read More

Defendants still need to beware of punitive damages in the District of Columbia

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… Read More
Read More

The Collateral Source Rule in Maryland and the District of Columbia

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… Read More
Read More

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
Read More

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 resu… Read More
Read More

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
Read More