LaTonya D. Reynolds Article Archives

Farheen Kaleem Article Archives

Michele A. Manculich Article Archives

Brian C. Cunningham Article Archives

Sarah E. Cullum Article Archives

Anthony Benito Blanchfield-Felice Article Archives

Could Claim Payouts Increase with Proposed Noneconomic Damages Cap Increase for Personal Injury Claims?

May, 2024 | By Anthony Benito Blanchfield-Felice

In personal injury cases, understanding the distinction between economic and noneconomic damages is crucial. In Maryland, economic damages encompass quantifiable financial losses directly attributable to the defendant’s actions or negligence. These losses typically include expenses such as medical bills, lost wages, property damage, and rehabilitation costs. See Md. Code Ann., Cts. & Jud. Pro. §…

View full article


Does The Maryland Workers’ Compensation Act Prevent a Non-Dependent’s Claim for a Wrongful Death Suit Arising Out of a Workplace Injury? The Court Answers, Yes!

January, 2024 | By Anthony Benito Blanchfield-Felice

In Maryland, well-established precedent dictates that an employee filing a claim for personal injuries sustained during employment must pursue remedies through the Maryland Workers’ Compensation Act. Nevertheless, the Appellate Court of Maryland (formerly the Maryland Court of Special Appeals) recently examined whether third parties with a cause of action under the Maryland Wrongful Death Act…

View full article


Marcus K. Jones Article Archives

Uninsured Motorist Claims and the Subsequent Negligent Medical Treatment Defense

May, 2024 | By Marcus K. Jones

In general, a tortfeasor is liable for the damage he or she causes, in addition to the subsequent acts of a negligent medical practitioner. Underwood-Gary v. Mathews, 366 Md. 660, 668 (2001). Particularly, “[a] negligent actor is liable not only for harm that he directly causes but also for any additional harm resulting from normal…

View full article


Questioning the Constitutionality of the Maryland Child Victims Act of 2023

January, 2024 | By Stephen S. McCloskey and Marcus K. Jones

Principal Stephen McCloskey and associate Marcus Jones authored an article for The Legal Intelligencer on potential constitutional challenges to the recently enacted Maryland Child Victims Act of 2023. Below is a synopsis of the article, which you can read in full on Law.com. If you have questions about the Act and how it may impact…

View full article


Alexa N. Mellis Article Archives

Elizabeth A. Fitch Article Archives

The Eternal Question – Revocable “Living” Trust or Will?

December, 2023 | By Carl E. Eastwick and Elizabeth A. Fitch

Revocable living trusts have been marketed so successfully that many people think they can’t live—or die—without one. The promises of avoiding probate, ensuring privacy, reducing estate taxes, and preparing for incapacity seem too enticing to pass up. Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust. But what everyone really needs is some good advice.

View full article


Trevor F. Gee Article Archives

Analysis: SCOTUS’ Ruling Keeping Former President Trump on the 2024 Ballot

May, 2024 | By Trevor F. Gee

In September 2023, a group of Colorado voters (hereinafter collectively referred to as “respondents”) contended that the Fourteenth Amendment to the United States Constitution prohibits former President Donald Trump, who seeks the presidential nomination of the Republican Party in this year’s election, from becoming president again.[1] The Colorado Supreme Court agreed with the respondents’ contention…

View full article


Are Punitive Damages Available to Plaintiffs Involved in Motor Vehicle Accidents in Maryland?

January, 2024 | By Trevor F. Gee

The award of punitive damages in Maryland is exceptionally rare. In Maryland, the “purpose of punitive damages is…to punish the defendant for egregiously bad conduct toward the plaintiff, [and] also to deter the defendant and others contemplating similar behavior.” Owens–Corning v. Garrett, 343 Md. 500, 537–538, 682 A.2d 1143, 1161 (1996). Notably, “[a]warding punitive damages…

View full article


Simone T. Fair Article Archives

The Semmes Spotlight: The Rise of Attorney Richard Medoff

May, 2024 | By Simone T. Fair

Attorney Richard Medoff has spent over a decade working his way up at Semmes, becoming an indispensable member of the firm’s Litigation Practice Group. He recently sat down with fellow Semmes attorney Simone Fair to discuss his path to principal at the firm, his time at University of Maryland Law School, his views on trends…

View full article


The Semmes Spotlight: A Q&A with the Illustrious Semmes Attorney Paul Farquharson

January, 2024 | By Simone T. Fair

Attorney Simone Fair sat down with principal Paul Farquharson for a wide-ranging conversation about everything from his interest in the law to his taste in literature to the superpower he would most like to have. Q: What led you to specialize in litigation? Farquharson: That was my vision of what lawyers did. That lawyers litigate…

View full article


Genevieve E. Hornik Article Archives

Kevin C. Lawrence Article Archives

Colin C. Smith Article Archives

Jacqueline Ridgell Article Archives

Daniel J. O’Hara Article Archives

Hashim Y. Sbaiti Article Archives

Kelli A. Knight Article Archives

Zachary D. Schlein Article Archives

Marijuana in Maryland: Adult-Use Cannabis Complicates the Legal Landscape for Employers and Employees

October, 2023 | By Zachary D. Schlein

On July 1, 2023, Maryland joined 22 states and the District of Columbia in allowing adults 21 and older to purchase cannabis products for recreational use (in limited quantities and from licensed dispensaries), via the Cannabis Reform Act (HB556/SB516). Green thumbs in the blue crab state may also cultivate up to two cannabis plants in…

View full article


Jillian M. Petrella Article Archives

Stay-at-Home Work Injuries: Workers’ Comp Claims Amid COVID

October, 2021 | By Todd E. Saucedo and Jillian M. Petrella

Todd E. Saucedo and Jillian M. Petrella published an article in The Legal Intelligencer discussing how stay-at-home orders during the pandemic have required courts to address injuries for America’s nonessential work force while they work from home.

View full article


Todd E. Saucedo Article Archives

Semmes Featured in Law.com’s Legal Intelligencer Article

August, 2023 | By Todd E. Saucedo

Todd E. Saucedo and Hudson T. Sauls recently authored an article for Law.com’s Legal Intelligencer on the proposed legislation in Washington D.C. and its impact on workers’ comp claims in other jurisdictions. Todd and Hudson provided a comprehensive overview of the recent legislative changes impacting the realm of workers’ compensation in the District of Columbia.…

View full article


Stay-at-Home Work Injuries: Workers’ Comp Claims Amid COVID

October, 2021 | By Todd E. Saucedo and Jillian M. Petrella

Todd E. Saucedo and Jillian M. Petrella published an article in The Legal Intelligencer discussing how stay-at-home orders during the pandemic have required courts to address injuries for America’s nonessential work force while they work from home.

View full article


Matthew J. Sheptuck Article Archives

Joseph R. Coules Article Archives

Matthew J. McCloskey Article Archives

Richard J. Medoff Article Archives

Future of Maryland Handgun Licensing Law Uncertain After Fourth Circuit Agrees to Review Decision Declaring It Unconstitutional

May, 2024 | By Richard J. Medoff

In November 2023, a split three-judge panel of the United States Court of Appeals for the Fourth Circuit struck down provisions from Maryland’s Firearm Safety Act of 2013 requiring a handgun qualification license as a condition for obtaining a handgun, with the 2-1 majority finding that it was unconstitutional under the Supreme Court’s new test…

View full article


Federal Circuit Court Invalidates Maryland Handgun Licensing Law Under New Supreme Court Test, Questions Constitutionality of Other Firearm Restrictions, Raising Potential Concerns for Maryland Businesses as Shooting Incidents Continue to Rise

January, 2024 | By Richard J. Medoff

In a recent published opinion in Maryland Shall Issue, Inc., et al. v. Wes Moore, in his capacity as Governor of Maryland, et al., No. 21-2017, 2023 WL 8043827 (4th Cir. Nov. 21, 2023), the United States Court of Appeals for the Fourth Circuit invalidated provisions from Maryland’s Firearm Safety Act of 2013 requiring a…

View full article


Maryland Premises Liability Law in the Modern Age of American Mass Shootings

October, 2023 | By Richard J. Medoff

With recent mass shooting events dominating news headlines across the United States, it can seem as though gun violence has become ubiquitous in American life. And statistics sadly confirm that mass shootings have become a daily occurrence, with 2023 on pace to be one of the worst years for mass shootings in the U.S. on…

View full article


U.S. District Court for the District of Maryland Amends Local Rules Regarding Discovery and Motions Effective July 1, 2023

| By Richard J. Medoff

The U.S. District Court for the District of Maryland recently approved amendments to its Local Rules, including changes related to discovery and motions practice, notable for anyone with cases in the court. The amendments took effect on July 1, 2023, following a notice and comment period, and include modifications of Local Rule 104 and 105…

View full article


Erinn F. Grzech Article Archives

Anthony J. Zaccagnini Article Archives

James C. Willett, Jr. Article Archives

Christopher R. West Article Archives

Patrick E. Tedesco Article Archives

Imran O. Shaukat Article Archives

Kenneth M. Shaffrey Article Archives

Richard W. Scheiner Article Archives

Rudolph L. Rose Article Archives

Joel E. Ogden Article Archives

Julie D. Murray Article Archives

Implications for COVID-19 Vaccine Complications in the District of Columbia

January, 2021 | By Julie D. Murray

The U.S. Food and Drug Administration (FDA) issued the first emergency use authorization for a vaccine to combat the spread of coronavirus (COVID-19) vaccine through emergency use authorization. During the approval process, members of the FDA committee expressed concern regarding adverse reactions to the vaccine. The FDA reports the most common solicited adverse reactions were…

View full article


D.C. Workers’ Compensation and COVID-19 Stress-Related Claims

June, 2020 | By Julie D. Murray

As essential workers continue to work, and others are making plans to return, employers in the District of Columbia face the potential for stress-related workers’ compensation claims due to the COVID-19 pandemic. As these are unprecedented times, there remain questions regarding the compensability of such claims. View Article The above publication is saved in PDF format.…

View full article


New Maryland Workers’ Compensation Legislation Goes Into Effect

October, 2017 | By Julie D. Murray

Four new laws have gone into effect as of October 1, 2017, that impact Employers and Insurers in Maryland.

View full article


Cleaveland D. Miller Article Archives

Stephen S. McCloskey Article Archives

Questioning the Constitutionality of the Maryland Child Victims Act of 2023

January, 2024 | By Stephen S. McCloskey and Marcus K. Jones

Principal Stephen McCloskey and associate Marcus Jones authored an article for The Legal Intelligencer on potential constitutional challenges to the recently enacted Maryland Child Victims Act of 2023. Below is a synopsis of the article, which you can read in full on Law.com. If you have questions about the Act and how it may impact…

View full article


Post-Repair Diminution in Value Claims: ‘Stigma Damages’ in Future Cases

August, 2022 | By Stephen S. McCloskey and Thomas V. McCarron

Originally published in The Legal Intelligencer on August 16, 2022. The scope of an owner’s claims for damages in construction defect litigation against the general contractor and its subcontractors is often thought of as the costs of repair, plus any consequential damages such as lost profits or rents if not waived in the contract. But…

View full article


What Is the Reach of the AIA General Conditions’ Consequential Damages Waiver?

May, 2022 | By Stephen S. McCloskey and Thomas V. McCarron

Stephen S. McCloskey and Thomas V. McCarron published an article for The Legal Intelligencer discussing the scope of waiver provisions to consequential damages incurred due to termination of the contract during construction.

View full article


Thomas V. McCarron Article Archives

Post-Repair Diminution in Value Claims: ‘Stigma Damages’ in Future Cases

August, 2022 | By Stephen S. McCloskey and Thomas V. McCarron

Originally published in The Legal Intelligencer on August 16, 2022. The scope of an owner’s claims for damages in construction defect litigation against the general contractor and its subcontractors is often thought of as the costs of repair, plus any consequential damages such as lost profits or rents if not waived in the contract. But…

View full article


What Is the Reach of the AIA General Conditions’ Consequential Damages Waiver?

May, 2022 | By Stephen S. McCloskey and Thomas V. McCarron

Stephen S. McCloskey and Thomas V. McCarron published an article for The Legal Intelligencer discussing the scope of waiver provisions to consequential damages incurred due to termination of the contract during construction.

View full article


James S. Maloney Article Archives

Fundamental Changes In Litigation Process of West Virginia Workers’ Compensation Claims Effective July 1, 2022

July, 2022 | By James S. Maloney

Effective July 1, 2022 the West Virginia Office of Judges, which was previously the first step in the litigation process following the issuance of a protestable order by the claims administrator, ceased handling new protestable orders. With any and all protestable orders issued July 1, 2022 and thereafter, the prior Board of Review replaced the…

View full article


West Virginia FY 2023 Workers’ Compensation Rates

| By James S. Maloney

The West Virginia Office of the Insurance Commissioner has issued the new state average weekly wage for fiscal year 2023 (dates of loss: 7/1/22 – 6/30/23). For injuries occurring on or after July 1, 2022, the following maximum weekly workers’ compensation rates are effective in West Virginia: Temporary total, permanent total and vocational rehabilitation benefits:…

View full article


West Virginia FY 2022 Workers’ Compensation Rates

June, 2021 | By James S. Maloney

The West Virginia Office of the Insurance Commissioner has recently issued the new State average weekly wage for fiscal year 2022.

View full article


West Virginia Establishes Intermediate Appellate Court; Eliminates WV Office of Judges in Workers’ Compensation Claims

April, 2021 | By James S. Maloney

For a number of years, the creation of an intermediate appellate court in West Virginia has been considered and debated. However, the most recent West Virginia legislative session finally resulted in the creation of an intermediate appellate court. The creation of the Court will have an impact on litigation in terms of workers’ compensation matters in the State.

View full article


Phillip T. Levin Article Archives

Stuart M. Lesser Article Archives

Eric M. Leppo Article Archives

Robert L. Hebb Article Archives

Maryland Federal Court Agrees European Public Limited-Liability Company Should be Treated Like a U.S. Corporation for Purposes of Diversity Jurisdiction

“The citizenship analysis is complicated” in the foreign context

October, 2022 | By Richard J. Medoff and Robert L. Hebb

In SNC-Lavalin Constructors Inc. v. Tokio Marine Kiln Insurance Limited, Certain Underwriters at Lloyd’s, Civ. Nos. GJH-19-873 and GJH-19-1510, 2021 WL 2550505 (D. Md. June 21, 2021), United States District Judge George J. Hazel, writing for the U.S. District Court for the District of Maryland, addressed the citizenship of a European Public Limited-Liability Company (Societas Europaea,…

View full article


Kathryn Lea Harman Article Archives

Decision in Simms Calls Virginia “Horseplay Doctrine” Into Question

September, 2009 | By Kathryn Lea Harman

On July 28, 2009, the Virginia office of Semmes won an appellate decision in Simms v. Ruby Tuesday, Inc., that could spell the end of the “horseplay doctrine” in Virginia Workers’ Compensation cases. Prior to Simms, the question in claims brought by employees injured by other employees was whether the injured employee was a participant in or an innocent victim of horseplay. A claimant able to prove that he was not a participant thereby established that his injury “arose out of” his employment, and that he was entitled to compensation.

View full article


Joseph F. Giordano Article Archives

Lawrence G. Giambelluca Article Archives

Alan N. Gamse Article Archives

Understanding the Safety Net Provided by Property and Casualty Insurance Guaranty Associations

January, 2010 | By Alan N. Gamse

When insurers in the United States become insolvent, they are not eligible to utilize the Federal bankruptcy system. Instead, they are liquidated pursuant to state insurer insolvency laws and under the authority of the state judiciary system. Policyholders of, and claimants against, such insurers may be protected from loss by property and casualty insurance guaranty associations established under state law. This article explains how the insurance guaranty association works and how its protections are accessed.

View full article


Oh, No! My Insurer Has Gone Bust! Can an Insurance Guaranty Association Help Me?

January, 2004 | By Alan N. Gamse

The above publication is saved in PDF format. You will need Adobe Acrobat Reader to view this document.

To download the free Adobe Acrobat Reader, follow this link http://www.adobe.com/products/acrobat/readstep.html

View full article


Michael S. Fox Article Archives

Client Alert: The Importance of Promptly Denying Medical Bills Upon Receipt of the Form CMS-1500

February, 2017 | By Michael S. Fox

Recently, I had an opportunity to assist with the handling of a case wherein a medical provider was seeking payment of medical bills which we contend were properly denied; however, the provider was relying upon a narrow interpretation of the COMAR regulations to argue that we waived the right to contest the bills. Specifically, in…

View full article


Paul N. Farquharson Article Archives

Artificial Intelligence & The Law Stop Running … You Can’t Hide

January, 2024 | By Paul N. Farquharson

What started as a cautionary tale of woe a few short months ago has quickly turned into what appears to be the next must-have cutting edge technological tool for lawyers. By now, we have all likely heard the tale of Mata v. Avianca in which generative artificial intelligence was employed by one party in the…

View full article


Insurance Perils For Health Providers Using 3D-Printing Tech

November, 2022 | By Paul N. Farquharson

Originally published by Law 360  A recent report has highlighted the burgeoning demand for medical polymers used in the 3D printing of medical devices. The report, issued by UnivDatos Market Insights, disclosed that the medical polymer market had a value of nearly $16 billion in 2020. The market is expected to grow at an annual compounded…

View full article


Carl E. Eastwick Article Archives

The Eternal Question – Revocable “Living” Trust or Will?

December, 2023 | By Carl E. Eastwick and Elizabeth A. Fitch

Revocable living trusts have been marketed so successfully that many people think they can’t live—or die—without one. The promises of avoiding probate, ensuring privacy, reducing estate taxes, and preparing for incapacity seem too enticing to pass up. Suze Orman, the popular financial guru, goes so far as to say that “everyone” needs a revocable living trust. But what everyone really needs is some good advice.

View full article


Here Is Your Will – Do You Want Tax Planning To Go With That?

January, 2017 | By Carl E. Eastwick

These days only a few wealthy families will pay the federal estate tax. But for residents of Maryland, the state estate tax may perplex people planning to pass on more modest wealth. Since the federal and Maryland estate tax systems will be out of phase until 2019, estate planners should contemplate crafting special Maryland-only provisions into plans until the tax laws are again in synch.

For most people, the federal estate tax is dead! If you die this year, 2016, your family and friends will not have to deal with the IRS’s “Death Tax” unless you have more than $5,450,000 to leave to them. Only a handful of the U.S. citizens dying each year have taxable estates larger.

View full article


Probate in Equity Courts

| By Carl E. Eastwick

These days, a revocable inter vivos trust serves as the principal testimony instrument of many estate plans. The settlor of a trust of this sort retains nearly total control of the trust assets by retaining the unfettered power to amend the trust, and by implication also to revoke it. It matters not whether the trustee is the settlor or a third party. Thus, the beneficiaries of the trust possess but a tenuous contingent interest in the trust assets.

View full article


Anthony J. D’Alessandro Article Archives

Barry D. Bernstein Article Archives

Marijuana Is Legal in Your State, Do the Employer and Insurer Have to Pay for It?

With no clear direction and with medical marijuana being a reasonable and necessary treatment, the states have to decide for themselves.

October, 2022 | By Barry D. Bernstein

Originally published in The Legal Intelligencer  Many injured employees believe that because marijuana is legal in their state, it means that the employer and insurer will have to pay for it. This is not correct.  The Controlled Substance Act is a federal law that prohibits the use of marijuana as a scheduled I controlled substance. Therefore, the…

View full article


James W. Bartlett III Article Archives