Fall 2018
Personal Tracking Device has Potentially Changed the Game
By Jennifer L. Rowlett
On September 18, 2018, Fitbit, one of the leading manufacturers of wearable fitness trackers, issued a press release launching its Fitbit Care initiative. The initiative boasts a “connected health platform for health plans, employers, and health systems that combines health coaching and virtual care.” Fitbit announces that Humana, Inc. has…
Recent Developments - Maryland
Doctrine of Imputed Negligence Limited
Pursuant to Maryland’s doctrine of imputed negligence, an automobile passenger who is the sole owner of the vehicle has been held vicariously liable for the negligence of the driver of their vehicle. In the past, Maryland courts have held that this doctrine of imputed negligence renders an injured owner-passenger contributorily…
Pre-Trial Hearing Requirements For Frye-Reed Challenge
Maryland’s second highest court recently held that a trial court did not commit reversible error by failing to hold a pre-trial hearing to determine the admissibility of the plaintiff’s expert testimony. In Burks v. Allen, a patient developed necrosis of the colon after being administered a medication. In a subsequent medical…
Authority of Court to Vacate Arbitrator’s Award Expanded
In WSC/2005 LLC v. Trio Ventures Associates, Maryland’s highest court ruled that a court can vacate an arbitrator’s award if that award manifestly disregards applicable law. The Court found that this power exists even though it is not specifically set forth in the Maryland Uniform Arbitration Act. The Court further found…
Recent Developments - Virginia
Running From Judgment: Does a Post-Judgment Appearance Create Personal Jurisdiction for the Prior Default Judgment?
McCulley v. Brooks & Co. Gen. Contrs., Inc.This controversy came to fruition because of a dispute regarding whether a judgment, which was void for lack of personal jurisdiction can be made valid by a subsequent appearance by the judgment debtor after the entry of judgment. McCulley v. Brooks & Co. Gen.…
When is Testimony Admissible to Demonstrate a Testator’s Intent?
Canody v. Hamblin This case arose from a challenge to a trial court order to admit an electronically created will to probate. The validity of the challenged document was questioned multiple times prior to the initiation of this claim. At the outset, the clerk of court refused to probate the…
The Bothersome Burden of Promises: Dismissals with Prejudice May Stem from Ignored Conditions Precedent
Primov v. Servco, Inc. This case arose from an employment dispute involving a U.S. military contractor (“Serco”) and one of its employees (“Primov”). Primov claimed that Serco had not compensated Primov in accordance with the controlling employment contract. Due to Primov’s belief that he was not receiving proper compensation, he…
Recent Developments - District of Columbia
U.S. District Court Denies Eminent Domain Challenge
In the case of Bold Alliance v. Federal Energy Regulatory Commission, more than 50 landowners with property in the path of two major gas projects joined with various non-profits targeting the way eminent domain use has evolved in the gas market to take private property for pipeline development. The suit was…
Denial of Class Certification in Amtrak Suit
In the case of Campbell v. National Railroad Passenger Corp., 311 F. Supp. 3d 281 (D.D.C. 2018), the U.S. District Court for the District of Columbia denied class certification in an employment discrimination class action case against Amtrak. The Court concluded, among other reasons, that the case could not provide common…
Small Claims and Conciliation Branch and Landlord Tenant Branch
The District of Columbia Superior Court has started, effective October 14, mandatory electronic filing for Landlord Tenant and Small Claims cases. Paper filings, as of October 14, will no longer be accepted.