Fall 2016
Statutory Limitations Versus Contractual Limitations and the Virginia Nonsuit Statute
By Jennifer L. Rowlett
Virginia practitioners and litigation claims adjusters are familiar with Virginia’s nonsuit statute. In layman’s terms, Virginia Code Section 8.01-380 allows a plaintiff to voluntarily dismiss an action if no counterclaim is filed in the case, and to re-file it at a later date essentially without penalty. The nonsuit statute is…
Recent Developments - Maryland
Maryland House Bill 42
Maryland House Bill 42 was introduced to protect alleged victims of childhood lead poisoning from being exploited if they choose to sell their settlement share for permission on the dollar, due to an immediate need for money. Purchasers of structured financial settlements would be barred from buying more than 25%…
Jakeem Roy v. Sandra B. Dackman, et al.
The Court of Appeals was presented with the issue of whether a pediatrician, who had never treated a child victim of lead paint, but claimed to be familiar with all relevant medical literature, should be permitted to offer an opinion as to medical causation and the source of lead paint…
Siarkowski v. Petco Animal Supplies Stores, Inc., et al
The Plaintiff purchased two small pet rats from a Petco Store in 2013. The Plaintiff and her two minor children were frequently exposed to the rats, suffering scratches and coming into contact with the secretions of the rats. The Plaintiffs allege that after coming in contact with the rats they…
Recent Developments - Virginia
Slone-Bratton v. Selective Insurance Company
Linwood Slone was fatally injured while doing paving work on a road in Roanoke County, Virginia when two drunk drivers failed to heed lane closure warnings and caused a collision in which Slone was killed. During the paving project, Slone operated a dump truck hauling loads of hot asphalt. At…
McKellar v. Northrop Grumman Shipbuilding, Inc.
After 42 years of employment, Preston McKellar notified Northrop Grumman, on April 1, 2010, that he would be retiring effective May 1, 2010. On April 15, 2010, McKellar was injured at work. On May 1, 2010, he retired as scheduled. Thereafter, he filed a claim against Northrop Grumman with the…
Recent Developments - District of Columbia
Doe v. Bernabei & Wachtel, PLLC
In Doe v. Bernabei & Wachtel, PLLC, Plaintiff sued the Defendants for invasion of privacy, as well as negligent and intentional infliction of emotional distress, and two counts of copyright infringement for their role in publishing a certain video tape taken by Plaintiff while in the midst of an “aggressive”…
Garcia v. AA Roofing Company, LLC
In Garcia v. AA Roofing Company, LLC, the District of Columbia Court of Appeals held that the trial court improperly granted the defendants’ motion to dismiss on the basis of forum non conveniens. In coming to such conclusion, the Court of Appeals stated that although the trial court correctly articulated…
Clark Construction Group, Inc. v. D. C. Department of Employee Services
In Clark Construction Group, Inc. v. D. C. Dep’t of Empl. Servs., the District of Columbia Court of Appeals, giving great deference to the Compensation Review Board’s (“CRB”) decision below, held that an employer does not have the right to request a change of an injured employee’s attending physician under…
About the Firm
About the Firm
We are very pleased to announce that three attorneys have joined our practice at DeCaro, Doran during the past two months and a fourth has rejoined our firm. Steven R. Migdal is a very experienced litigator, having practiced in Maryland and the District of Columbia since 1974. Steve, who is…