Spring 2013
Dram Shop Liability Likely Coming To Maryland
By Christopher R. Dunn
Serving alcohol to minors is illegal in every state in the union. Unlike Maryland, most other states impose liability on establishments which serve alcohol to visibly intoxicated patrons who subsequently cause injury to a third party. Forty-three states and the District of Columbia have some form of dram shop liability. …
Recent Developments - Maryland
Campusano v. Lusitano Const. LLC
Even though father of construction company’s owner supervised employees and manifested some ability to pay them, father could not be liable to employees for unpaid wages under the Fair Labor Standards Act because, under the “economic reality test,” father was not the workers’ “employer.” Father could not be liable under…
Young v. United Parcel Serv., Inc.
Employee brought an action against her employer, UPS, alleging that she was the victim of pregnancy discrimination in violation of the Americans With Disabilities Act (ADA). The Plaintiff had been a part-time delivery driver, whom the company expected to lift up to 70 pounds in the scope of her position.…
TravCo Ins. Co. v. Crystal Williams
In an action between automobile insurer and insured, in which the parties disputed the amount of uninsured motorist (UM) and personal injury protection (PIP) benefits to which insured was entitled, the Court of Appeals held that the insurance statute required reduction of UM and PIP benefits by the amount of workers’ compensation…
Recent Developments - Virginia
New Virginia Law Requires Insurer to Notify Represented Claimant About Payment of Settlement
With the passing of Senate Bill 984, Virginia lawmakers have created an entirely new statute revolving around settlement notice requirements. Virginia Code § 38.2-236 will take effect on July 1, 2013. Upon issuing any settlement check for $5,000 or more to an attorney or other representative in payment for a…
Virginia Law to Facilitate Evidence of Intoxication in Civil Case
Virginia Code § 8.01-44.5 states that punitive damages may be awarded if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant’s conduct is found to be so willful and wanton as to evidence a conscious disregard for the rights of others. In motor vehicle…
Transportation Insur. Co. v. Womack
Plaintiff was injured in a motor vehicle accident. Plaintiff had a one million dollar underinsured motorist policy with Transportation Insurance Company (“Transportation”). The Defendant, who was insured by GEICO, admitted to causing the car accident, but disputed the extent of damages suffered by the Plaintiff. Transportation filed an answer, but…
Preferred Sys. Solutions, Inc. v. GP Consulting, LLC
Plaintiff, a government contractor, filed suit against a subcontractor for breach of contract based upon a covenant not to compete. The noncompete clause provided that for twelve months after the contract expired the subcontractor would not enter into a contract as a subcontractor with any other contractor to provide “the…
Van Burn v. Grubb
Plaintiff filed claims against her employer under Title VII of the Civil Rights Act of 1964 and also under Virginia common law for wrongful discharge after being fired following repeated refusals of advances by a supervisor. Plaintiff also sued her supervisor for wrongful discharge even though the supervisor was not…
Recent Developments - District of Columbia
Wilson Sporting Goods Co. v. Hickok and Hickok
Plaintiff was given an umpire’s mask by a representative of Defendant at an annual retreat for Major League Baseball umpires. The mask had a new type of throat guard which angled forward as opposed to extending straight down. Months later while wearing the mask, Plaintiff was struck by a foul…
Spicer v. District of Columbia, et al.
Plaintiff brought suit against Defendants for an alleged assault and battery that occurred while he was detained at the D.C. Jail. Plaintiff alleged that he was repeatedly punched, kicked and struck by four correctional officers. Plaintiff further alleged that a fifth supervising officer “suggested” to the four subordinates that they…
Boyrie v. E & G Prop. Servs., et al.
Plaintiff and a companion went to an apartment building owned and managed by Defendant. Plaintiff went to the building to visit a tenant who was repairing her television. After receiving no response at the front door, Plaintiff and her companion entered an unlit paved area behind the building. The paved…
About the Firm
About the Firm
DeCaro Doran Joins Themis Advocates Group: With a focus on continued expansion and increased services to our clients, DeCaro Doran Siciliano Gallagher & DeBlasis has joined other law firms across the United States in the Themis Advocates Group and in launching the website for the Themis Advocates Group. The Themis Advocates…