Litigation in Brief - Summer 2015

By Gerald W. Ueckermann, Jr.
As a result of an accident caused by the negligence of Denny Defendant, Paula Plaintiff received medical treatment.  The medical bills for the treatment that she received totaled $100,000.  Paula, however, had insurance, and her insurance company paid only $40,000 of the amount billed, while her health care providers “wrote off” the disallowed $60,000 in charges.

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Recent Developments - Maryland
It is for the jury to decide whether an attending physician is an "apparent agent" of the hospital.
Where a named insured has expressly prohibited a second permittee from driving a vehicle, coverage under an omnibus clause may extend to the second permittee only under certain circumstances.
Application for property insurance contained "material misrepresentations" that were sufficient to void the policy.
Recent Developments - Virginia
Employee files declaratory judgment action claiming use of personal vehicle falls within scope of his law firm's automobile liability policy.
Enforcement of subpoena on local registered agent for production of documents out of state.
The new language of Rule 2:801 as it pertains to use of prior witness statements.
Recent Developments - District of Columbia
Evidence for "forseeability" is necessary for claim of assault on hotel premesis.
 
Compliance with Federal Rule of Civil Procedure 26(a) is required for admissability of expert testimony.
An expert's testimony must be based on the proper foundation, and mere assumptions are not enough.
About the Firm
DeCaro, Doran is very pleased to announce that Matthew LaGarde and Molly Brimmer have joined the firm as Summer Associates for 2015.
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Partner, Christopher R. Dunn, has been re-appointed by the Court of Appeals of Maryland to serve another three-year term on the Standing Committee on Rules of Practice and Procedure.
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Six lawyers from DeCaro, Doran have been recognized by SuperLawyers magazine as being among Washington, D.C.’s top attorneys in 2015. SuperLawyers selects attorneys for this distinction using a multi-phase selection process that includes peer nominations, evaluations, and independent research.  The final selection represents no more than 5% of the lawyers in the state, and identifies the area of practice in which the attorneys have been recognized based on peer recognition and professional achievement. 
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