News & Resources
The materials contained on this website have been prepared by Jordan Coyne LLP for informational purposes only, and should not be considered as legal advice as to any specific matter or transaction. Readers should consult a knowledgeable attorney, licensed in their home state, for advice. These materials may not reflect the most current legal developments, verdicts or settlements. The descriptions of the resolutions of certain matters should in no way be taken as an indication of future results; litigation is inherently unpredictable.
Qualified common interest privilege applied in D.C. defamation case
August 30th, 2011
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…
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Statute of limitations held to bar medical malpractice action for failure to diagnose cancer
August 30th, 2011
In Linton v. Evans, the Plaintiff, in an attempt to avoid the three year statute of limitations period, argued that limitations began to run when she learned that her cancer was “probably noncurable,” rather than when she first learned she had cancer. The plaintiff argued that her claim was timely filed on May 7…
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Categories: Maryland
Virginia Court of Appeals denies workers compensation award during work furlough
July 15th, 2011
In Utility Trailer Manufacturing Company and Liberty Insurance Corporation v. Testerman, No. 1484-10-3 (Va. App. July 12, 2011), the Court considered the issue whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, ju…
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In DCHRA case, Court affirms $1 compensatory damages and $42,677.50 in punitive damages
July 4th, 2011
In Howard University v. Wilkins, Nos. 09-CV-318, 09-CV-319, and 09-CV-544 (D.C. June 30, 2011), the Court affirmed the plaintiff’s verdict, in a District of Columbia Human Rights Act action for retaliation, of $1.00 in compensatory damages, and $42,677.50 in punitive damages. The plaintiff had alleged that Howard Univ…
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In Maryland civil actions, admissibility of other crimes, wrongs or acts is governed by Rule 403
July 1st, 2011
Ruffin Hotel Corporation of Maryland, Inc. v. Gasper, changed the common understanding as to the applicability of Rule 404(b) in civil cases. In that case, a hotel employee brought suit against her former employer following her termination. The Complaint contained claims for sexual harassment and retaliatory discharge. Plai…
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Categories: Maryland
Landlord loses pitbull injury suit on appeal in Maryland
July 1st, 2011
Solesky v. Tracey seemingly expanded a landowner’s potential liability for the damages caused by tenant’s pets. That case concerned a landlord’s liability for the mauling of a boy by a tenant’s pit bull. In 2006, the landlord rented her property to two tenants. The lease included a provision allowing…
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Categories: Maryland
DC team wins defense jury verdict in FDCPA action
June 30th, 2011
In May of 2011, John Tremain May and Padraic Keane of Jordan Coyne & Savits, L.L.P. successfully defended a law firm in the United States District Court for the District of Columbia in a lawsuit alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). The plaintiff alleged that the defendant…
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The Insurer's Duty to Defend in the District of Columbia
June 30th, 2011
Contributor: David B. Stratton
In Stevens v. United General Title Insurance Co. , 801 A.2d 61 (D.C. 2002), the Court reaffirmed the District of Columbia’s adherence to the “eight corners rule,” requiring a comparison of the complaint with the insurance policy to determine the existence of a duty to defend. “Under [the ‘eight…
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Wrongful death settlement procedures reviewed in Maryland
June 27th, 2011
In ACE American Insurance Company v. Williams, et al., 418 Md. 400, 15 A.3d 761 (2010), the Maryland Court of Appeals held that a court cannot approve a settlement of a wrongful death action unless the settlement complies with the requirements of Maryland Rule 15-1001, Courts and Judicial Proceedings Article sec. 3-904, and…
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Categories: Maryland
Intentional infliction claim dismissed by Maryland federal court
June 27th, 2011
In Respess v. Travelers Cas. & Sur. Co. of Am., 2011 U.S. Dist. Lexis 28531 (D. Md. 2011), the United States District Court for the District of Maryland analyzed the factual circumstances necessary to support a cognizable claim for intentional infliction of emotional distress and gross negligence against an insurer for…
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Categories: Maryland
