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.
Pollution exclusion update: Fourth Circuit certifies Chinese drywall case to Virginia Supreme Court
April 7th, 2012
To update a previous post dealing with the application of the pollution exclusion in a Chinese drywall case, in Travco Ins. Co. v. Ward, No. 10-1710 (4th Cir. March 1, 2012), an insured had appealed from an order granting summary judgment to his homeowner's insurer in a Chinese drywall case. The District Court found th…
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Private causes of action against CRESPA surety bond
April 5th, 2012
In First American Title Insurance Company v. Western Surety Company, No. 111394 (March 2, 2012), the Virginia Supreme Court addressed three questions of law certified by the United States Court of Appeals for the Fourth Circuit. The Court held: (1) that the Virginia Consumer Real Estate Settlement Protection Act (“CRE…
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Virginia Insurance Coverage: Supreme Court interprets auto policy’s workers compensation exclusion
April 5th, 2012
In Christy v. Mercury Casualty Company, No. 102138 (March 2, 2012), the Supreme Court of Virginia held that an exclusion in an automobile insurance policy barred the insured from receiving any payment for medical expenses where a portion of medical expenses had already been paid by workers' compensation benefits. The p…
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Jordan Coyne & Savits, L.L.P. selected for inclusion in 2011-2012 U.S. News List of Best Law Firms
March 13th, 2012
Jordan Coyne & Savits, L.L.P. was named to the 2011-2012 U.S. News list of Best Law Firms. For 2011-2012, Jordan Coyne & Savits, L.L.P. was recognized as a Tier 1 firm for Legal Malpractice Law – Defendants, and Personal Injury Litigation – Defendants.
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Categories: News
Maryland Workers’ Compensation Defense: Court rejects special mission exception
March 11th, 2012
In Garrity v. IWIF, No. 1185, September Term, 2010 (Md. App. February 9, 2012), appellant was a part-time bailiff at the District Court for Baltimore City, where he was involved in an automobile accident as he was returning to the courthouse. Appellant had already arrived at work earlier in the morning but realized the tie…
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Defendants still need to beware of punitive damages in the District of Columbia
March 6th, 2012
Contributor: Padraic K. Keane
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…
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Police civil liability: Maryland federal court grants summary judgment in racial profiling case
February 22nd, 2012
On February 7, 2012 the U.S. District Court of Maryland issued a memorandum opinion granting summary judgment to the defendant police officers in a civil lawsuit alleging liability for unlawful arrest (allegedly due to racial considerations). Santos v. Frederick County Board of Commissioners, No. L-09-2978 (D. Md. Feb. 7, 2…
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Commercial ambulances not shielded by the Maryland Good Samaritan Act or the Fire and Rescue Act
February 16th, 2012
In Murray v. Transcare Maryland, Inc., No. 1791, Sept. Term 2010 (Feb. 9, 2012), the Court of Special Appeals held that a private for-profit ambulance service is not subject to Maryland’s Good Samaritan Act (Md. Courts and Jud Code Ann. § 5-603) or to the Fire and Rescue Act (§ 5-604). Both statutes are desi…
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The Collateral Source Rule in Maryland and the District of Columbia
February 14th, 2012
Contributor: Padraic K. Keane
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…
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Professional liability: 4th Circuit finds insurer required to defend Maryland accounting firm
February 6th, 2012
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…
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