DeCaro Doran

Our firm is a regional leader, offering legal services to individuals and businesses alike. With three offices, we are minutes from the Nation's Capital, Baltimore, Annapolis, and Northern Virginia. We are dedicated to delivering cost-effective and exceptional legal counsel with individualized attention to every client.


Now that Maryland, and several other states and jurisdictions have decriminalized cannabis for medical use, there is a new and unique employment issue to consider.  What could/should an employer do when an employee tests positive for cannabis?
The Court of Special Appeals, in a case argued by DeCaro, Doran, Siciliano, Gallagher & DeBlasis, LLP Managing Partner Thomas L. Doran, upheld the Circuit Court for Anne Arundel County’s ruling that an insured’s refusal to sit for an examination under oath (“EUO”) constituted a material breach under the policy, and thus that Mr. Dolan was not entitled to underinsured motorist (“UIM”) benefits under the policy.
The Maryland Uniform Arbitration Act (MUAA) sets forth several grounds upon which a Circuit Court is empowered to vacate an arbitrator’s award.  Cts. & Jud. Proc. Art., § 3-224(b). These do not include the authority of a court to vacate an arbitrator’s award because the award manifestly disregards applicable law.
The Superior Court for the District of Columbia prepares compilations of data for jury trial verdicts in a variety of civil cases, including medical malpractice, slip-and-fall, and auto accident cases.  The 2017 totals have been released.
It would seem rational that an injured employee’s award for lost income should be calculated based on the average number of hours worked in the weeks prior to the accident.  However, in Richard Beavers Construction, Inc. v. Wagstaff the Court of Special Appeals approved of a different calculation.
The recent Court of Appeals opinion in Davis v. Frostburg Facility Operations, LLC d/b/a Frostburg Village addressed the issue of whether claims for negligence and related claims have alleged a “medical injury” within the meaning of the Health Care Malpractice Claims Act (the “Act”) such that the claims would be subject to initial filing in the Maryland Health Care Alternative Dispute Resolution Office (“ADR Office”) prior to filing in a Circuit Court.


DeCaro, Doran, Siciliano, Gallagher and DeBlasis LLP
Maryland Office
17251 Melford Boulevard
Suite 200
Bowie, MD 20715
Virginia Office
3930 Walnut Street
Suite 250
Fairfax, VA 22030
Washington, D.C. Office
1100 Connecticut Avenue, N.W.
Suite 950
Washington, D.C. 20036
American Bar Association
Maryland State Bar Association
Super Lawyers
Themis Advocates Group