Summer 2017
Non-Disparagement Clauses -The Good, the Bad, and the Ugly
By Steven R. Migdal
webster’s Dictionary defines the word “disparage” as “to lower in esteem; discredit; to show disrespect for; to belittle”. In a commercial setting, to disparage is to say or post unkind or unpleasant comments about a person, company, or product. With the large numbers of people now actively participating on social…
Recent Developments - Maryland
Agreement to Settle and Terms of the Agreement; Julie Ward v. Marjorie L. Lassiter
This appeal arose out of a settlement agreement reached between the parties in an automobile accident. As trial approached, the parties discussed settlement, and counsel for Plaintiff sent an e-mail to defense counsel confirming his client would accept $7,000.00 if it were affirmed, and would not counter. Defense counsel responded…
Manal Kirkakos v. Brandon Phillips; Nancy Dankos v. Linda Stapf
The Court of Appeals addressed the potential liability of adults who allow minors to drink on their property in Maryland. There is a common-law principle in Maryland wherein adults can be found liable under the “Statute Rule,” where common law social host liability and breach of duties arise out of…
Assumption of the Risk and the Intoxicated Driver
The Court of Special Appeals upheld a jury’s finding that the Plaintiff assumed the risk of her injuries after she rode as a passenger in a car with the Defendant, whom she admitted appeared to be intoxicated. The case stems from an accident which occurred on November 10, 2013. Kerry…
Recent Developments - Virginia
HB 1816 Demurrers; Amended Pleadings
This bill requires that an amended pleading filed after a demurrer to an earlier pleading has been sustained incorporate or refer to the earlier pleading being amended in order to preserve the right to stand on the earlier pleading. Thus, if plaintiff files a complaint and a defendant files and…
HB 1641: Disclosure of Insurance Policy Limits; Homeowners or Personal Injury Liability Insurance; Personal Injury and Wrongful Death Actions
This bill allows an injured person, the personal representative of a decedent, or an attorney that represents either to request the disclosure of the liability limits of a personal injury liability insurance policy or a homeowners insurance policy prior to filing a civil action for personal injuries or wrongful death from injuries…
Admitted Liability and a Jury’s Decision to Award No Damages
The Virginia Supreme Court recently affirmed a jury award of $0. In the case of Gilliam v. Immel, the defendant rear-ended the plaintiff and liability was conceded; thus the only issue at trial was damages. At trial the evidence revealed that there was little, if any, property damage to the vehicles,…
Recent Developments - District of Columbia
Compelling the Plaintiff to Submit to an Independant Medical Examination Out of State
In an unpublished opinion the Superior Court for the District of Columbia refused to compel a Plaintiff in a medical malpractice action to travel from the District of Columbia to Philadelphia for an independent medical examination. The Plaintiff claimed medical treatment destroyed her sense of taste. After the Plaintiff refused…
Comparative Negligence for Bicycles Pursuant to D.C. Statute
On November 26, 2016 common-law contributory negligence was, by statute, eliminated as a defense to personal injury actions brought by bicyclists and other non-motorized vehicle users (skateboards, Segways, tricycles, etc.). D.C. Code § 50-2204.52 now provides that, even where a bicyclist’s actions were a proximate cause of the Plaintiff’s…
About the Firm
ABOUT THE FIRM
DeCaro, Doran is pleased to announce that James S. Liskow has become a Principal Partner, and Matthew A. Ranck, Erin H. Cancienne, and Jennifer L. Rowlett have become Partners at the firm. James Liskow has been with DeCaro, Doran since May 2007, and was initially elevated to Partnership in January 2015. As an Equity Partner, James will continue…