Summer 2015
Can a Plaintiff Recover Damages for Medical Bills That Have Been Written-Off by His or Her Physicians?
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…
Recent Developments - Maryland
Encompass Home & Auto, Inc. v. Harris
In Encompass Home & Auto, Ins. v. Harris, Encompass, a property insurer, instituted a declaratory judgment action seeking declaration that the policy it had issued to Defendants was void ab initio because of material misrepresentations made to the insurance agent and on the application of insurance regarding the property value and the property’s…
Payne v. Erie Ins. Exchange
In Payne v. Erie Ins. Exchange, Erie insurance filed a Motion for Summary Judgment as to whether the Defendant in the underlying tort suit was covered by the policy when he exceeded the scope of permission when driving an insured vehicle. The named insured purchased a car, which he gave to…
Thornton v. Maryland General Hospital
In Thornton v. Maryland General Hospital, The Plaintiff filed a wrongful death lawsuit against Maryland General Hospital and the decedent’s treating obstetrician, Dr. Lee. The Plaintiff alleged that Dr. Lee had breached the standard of care when the decedent suffered postpartum hemorrhaging after Dr. Lee delivered her stillborn infant. Maryland General…
Recent Developments - Virginia
Rules on Prior Witness Statements – Effective July 1, 2015
The Supreme Court of Virginia has clarified its view of the proper way to use prior witness statements at trial. Effective July 1, 2015, the new language of Rule 2:801 adds to the definition of “hearsay” the term “Prior statements.” The new definition provides: (d) Prior statements. When a party…
Yelp, Inc. v. Hadeed Carpet Cleaning, Inc.
In an attempt to determine the identities of individuals who posted defamatory comments ona Virginia business’ Yelp page, the business served a subpoena on Yelp’s Virginia registered agent to obtain the true identities of the individuals. The Supreme Court of Virginia weighed in and determined that a Virginia circuit court did not have the…
Bartolomucci v. Federal Insurance Co.
The Virginia Supreme Court confirmed recently that simply because technological advancements make it possible to always be “on the clock,” the law recognizes clear lines between “on” and “off” the clock. The case involved a Virginia lawyer who checked his work email and called his office voicemail before leaving home…
Recent Developments - District of Columbia
Russell v. Call/D, LLC
The District of Columbia Court of Appeals upheld a lower court’s grant of a Defendant’s Motion in Limine holding that the Plaintiff’s designated expert was not qualified to testify as to the source of the Plaintiff’s disease. The Plaintiff brought an action against the owner of the apartment building where the Plaintiff…
Standley v. Edmonds-Leach
The United States Court of Appeals for the District of Columbia Circuit was recently tasked with determining whether a lower court erred by permitting a witness to testify at trial who was not disclosed under Federal Rule of Civil Procedure 26(a). The Court ruled that the lower court had erred…
Beckwith v. Interstate Mgmt. Co.
The United States District Court for the District of Columbia held that a Plaintiff had failed to establish the foreseeability of an assault he suffered at a hotel managed by the Defendant. The Plaintiff alleged that hotel management was negligent in maintaining security measures, as well as responding to the…
About the Firm
DeCaro, Doran Attorneys Recognized by SuperLawyers
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…
Christopher Dunn Re-Appointed to Rules Committee
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. He was appointed to his first term on the Committee in 2012. The Rules Committee, which is comprised of judges, lawyers, and others…
Matthew LaGarde and Molly Brimmer join DeCaro, Doran as Summer Associates
DeCaro, Doran is very pleased to announce that Matthew LaGarde and Molly Brimmer have joined the firm as Summer Associates for 2015. Matt LaGarde is a 2005 graduate of the University of Maryland, where he received his degree in Government and Politics. While in college, Matt served as an intern for…