Fall 2014 Newsletter

By Erin Hebert Cancienne

In this business, we often see witnesses changing their stories regarding what happened. Sometimes the changes are major and sometimes the changes are small, but often the changes make a world of difference. The question is always how we can provide the fact finder (judge or jury) with evidence of the prior statements to help our case. While we can always ask the witness whether he has ever given an inconsistent answer, if the witness denies the prior statement, it is important to know if a physical copy of the statement can be admitted into evidence.
Recent Developments - Maryland
Employer/Insurer is entitled to a credit for compensation previously paid if award is reversed or modified on appeal.
Correctional officer's immunity under Maryland Tort Claims Act is destroyed due to special relationship.
Recent Developments - Virginia
Supreme Court affirms denial of father's petition to change the surname of his daughter.
Accident investigation report is not a learned treatise.
Recent Developments - District of Columbia
Sworn medical testimony is not required to oppose motion for summary judgment.
What is shown on store security footage is not a statement for purposes of hearsay.
The Economic Loss Doctrine is recognized in the District of Columbia.
Did You Know...

Effective January 1, 2015 OSHA will require employers to report, within 24 hours, any work related incident that results in (a) the in-patient hospitalization of one or more employees; (b) an employee's amputation; or (c) an employee's loss of eye.

29 C.F.R. Section 1904.2 and 29 C.F.R. Section 1904.39.

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About the Firm
This summer, DeCaro, Doran celebrated the start of its 23rd year as a firm. Part of this celebration included the launch of a completely redesigned website built for both mobile and desktop users.
 
The new website has a fresh look with an improved layout and much easier-to-navigate design. What did not change is the firm’s commitment to providing its clients with continued high quality legal services and a steady stream of resources, including newsletters, practice manuals, and regular blogs written by our excellent team of attorneys.
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