Winter 2014 Newsletter

By Erin Cancienne

In BJ's Wholesale Club v. Rosen, Case No. 99, (November 2013), the Court of Appeals of Maryland was asked to consider the enforceability of an agreement executed by a parent on behalf of his minor son, permitting his son's use of a free supervised play area called the "Incredible Kids' Club" (Kids' Club) offered by BJ's Wholesale Club, Inc. (BJ's), a commercial wholesale retail center.  The agreement contained both an exculpatory provision and indemnification language; however, the Court’s holding focused on the exculpatory provision.  Judge Lynne A. Battaglia wrote the opinion for the court, and upheld the exculpatory clause in this case.
Recent Developments - Maryland
The Local Government Tort Claim Act applies to all tortious actions, including violations of constitutional claims.
Court of Appeals defines final judgment in arbitration proceeding.
Only notice to defendants who were current owners of the property was required for expert testing notification.
Recent Developments - Virginia
The Supreme Court of Virginia reaffirms the definition of “patient” under Virginia Medical Malpractice Act.
No tort liability for wrongful death suits arising out of third party criminal acts in mass shooting at Virginia Tech.
Professional insurance company is liable for coverage for plaintiff’s breach of contract claim arising out of participation in the Virginia Birth Related Neurological Injury Compensation Program.
Recent Developments - District of Columbia
The United States District Court for the District of Columbia determined that a claim for reckless and willful disregard was not recognized under District of Columbia law.
The solicitation of business in the District of Columbia and an eventual contract with a business does not meet minimum contacts for personal jurisdiction.
Experts are required to introduce the applicable standard of care with respect to the training of police officers in vehicle operation and managing an accident scene.
About the Firm
We are very pleased to announce that Gerald W. Ueckermann, Jr., Emily F. Belanger, and Abby V. Uzupis have joined the DeCaro, Doran family.

Jerry Ueckermann joins us as a Senior Associate assigned to the Commercial Litigation and Employment Law practice group where he primarily handles insurance defense, personal injury litigation, and insurance coverage. He is an experienced trial attorney who is a member of the Maryland, Virginia and New Jersey Bars and practices before the District and Circuit Courts of Maryland, as well as the courts of the Commonwealth of Virginia.

Emily Belanger initially joined the firm as a Summer Associate in May 2012. In December 2013, she was sworn in to the Maryland Bar and became an Associate Attorney, assigned to the Litigation 1 practice group. Emily received her undergraduate degree in Business Administration from Towson University in 2010, where she was a member of the International Honor Society, Beta Gamma Sigma. She obtained her Juris Doctorate from the University of Baltimore School of Law in May 2013.

Abby Uzupis is from Trenton, New Jersey and she recently joined DeCaro Doran as an Associate Attorney assigned to Litigation Practice Group 1. She is admitted to the Virginia Bar and her practice is focused in insurance defense litigation. She is also in the process of becoming a member of the Washington, D.C. bar, as well as the bar of Maryland.
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