Nathan A. Carroll Article Archives
Sofian Kherdeen Article Archives
Bryce Gartner Article Archives
Jose L. Estrada Article Archives
Perneita M. Farrar Article Archives
Alexsandra M. Tamayo Article Archives
Kara K. Parker Article Archives
Anthony R. Coppola Article Archives
8 Things to Consider Before You Sue: A Virginia Business Owner’s Guide to Commercial Litigation
July, 2026 | By Anthony R. Coppola
Business disputes are an inevitable part of running a company. A customer fails to pay an invoice. A vendor breaches a contract. A business partner walks away from a deal. An employee violates a non-compete agreement or misuses confidential information. When disputes like these arise, many business owners ask the same question: Should we file…
Sarah K. Davies Article Archives
Key Workers’ Compensation Legislation from Maryland’s 2026 Session: What Employers and Insurers Should Know
May, 2026 | By Julie D. Murray and Sarah K. Davies
Maryland’s 2026 legislative session produced two notable changes to the state’s workers’ compensation landscape, continuing a broader trend toward expanded statutory protections for certain classes of employees. Two measures in particular merit attention from employers, insurers, and claims professionals: statewide legislation expanding presumptive benefits for firefighters with hypertension, and county‑specific legislation affecting workers’ compensation exposure for Carroll…
Sarah A. Zadrozny Article Archives
Kendrick McLeod Article Archives
Rachel Seawell Vogel Article Archives
5 Common Medicaid Long-Term Care Myths—and What Maryland Families Need to Know
Don’t let myths about Medicaid Long-Term Care cost you time, money, or peace of mind
February, 2026 | By Rachel Seawell Vogel
When families begin planning for long-term care, misinformation can be just as stressful as the medical decisions themselves. In Maryland, myths about Medicaid Long-Term Care (MALTC) often lead people to delay planning, make costly mistakes, or assume they have no good options. Below are some of the most common misconceptions about MALTC—and the realities that…
Meighan G. Burton Article Archives
Joseph N. Stepp Article Archives
Federal Black Lung Litigation: Upside Down Litigation
August, 2025 | By Joseph N. Stepp
At first glance, you would think federal black lung litigation would proceed like all other litigation. However, black lung litigation is upside down, in that the Defense often bears the burden of proof and must disprove the claimant’s entitlement to benefits. In a black lung litigation case, the miner must prove four things: That he…
Kameron Millar Article Archives
Mathew L. Moldawer Article Archives
Maryland Non-Compete Agreements: What Employers Need to Know in 2026
August, 2026 | By Matthew J. McCloskey and Mathew L. Moldawer
Non-compete agreements remain a viable tool for Maryland employers—but they are no longer one-size-fits-all employment provisions. Today, they must be carefully tailored to protect legitimate business interests, comply with Maryland law, and withstand judicial scrutiny. For employers in the state, the non-compete that once felt routine now requires a role-by-role review, a wage check, and…
Timothy R. King Article Archives
Hudson T. Sauls Article Archives
Kelli A. Knight Article Archives
John J. Trainor III Article Archives
Brian C. Cunningham Article Archives
Kevin C. Lawrence Article Archives
Colin C. Smith Article Archives
An Extension of the Exclusivity Provision? Supreme Court of Maryland Rules 4-3 that the Workers’ Compensation Act excludes Wrongful Death Claims by Non-dependents.
July, 2025 | By Colin C. Smith
On July 1, 2025, the Supreme Court of Maryland, in a 4-3 decision, held that the exclusivity provision of the Maryland’s Workers’ Compensation Act (“the WC Act”) bars non-dependent adult children of deceased covered employees from bringing wrongful death actions. In February of 2021, John Ledford, an employee of Jenway Contracting, Inc. (“Jenway”), suffered a…
Jacqueline Ridgell Article Archives
Daniel J. O’Hara Article Archives
The Maryland Legislature 2025 Session Yields Four Pieces of Legislation That Will Impact Employers/Insurers in the State
May, 2025 | By Daniel J. O’Hara
UPDATE: After the legislature passed the following four bills, Governor Wes Moore vetoed HB 193/SB 219 – Uninsured Employers’ Fund – Assessments and Special Monitor, as well as SB 227 – Workers’ Compensation – Payment from Uninsured Employers Fund – Revisions. As a result, these bills did not go into effect on July 1, 2025…
Hashim Y. Sbaiti 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…
Jillian M. Petrella Article Archives
Stay-at-Home Work Injuries: Workers’ Comp Claims Amid COVID
October, 2021 | By 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.
Matthew J. Sheptuck Article Archives
Matthew J. McCloskey Article Archives
Maryland Non-Compete Agreements: What Employers Need to Know in 2026
August, 2026 | By Matthew J. McCloskey and Mathew L. Moldawer
Non-compete agreements remain a viable tool for Maryland employers—but they are no longer one-size-fits-all employment provisions. Today, they must be carefully tailored to protect legitimate business interests, comply with Maryland law, and withstand judicial scrutiny. For employers in the state, the non-compete that once felt routine now requires a role-by-role review, a wage check, and…
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…
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…
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…
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…
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Erinn F. Grzech Article Archives
James C. Willett, Jr. Article Archives
Patrick E. Tedesco Article Archives
Kenneth M. Shaffrey Article Archives
Rudolph L. Rose Article Archives
Joel E. Ogden Article Archives
Julie D. Murray Article Archives
Key Workers’ Compensation Legislation from Maryland’s 2026 Session: What Employers and Insurers Should Know
May, 2026 | By Julie D. Murray and Sarah K. Davies
Maryland’s 2026 legislative session produced two notable changes to the state’s workers’ compensation landscape, continuing a broader trend toward expanded statutory protections for certain classes of employees. Two measures in particular merit attention from employers, insurers, and claims professionals: statewide legislation expanding presumptive benefits for firefighters with hypertension, and county‑specific legislation affecting workers’ compensation exposure for Carroll…
Maryland Workers’ Compensation Legislative Updates for 2024
June, 2024 | By Julie D. Murray
The Maryland legislature had another active session and passed three bills during the most recent 2024 legislative session. These bills will go into effect either in July 2024 or October 2024. Below are summaries of these three bills, which will have an impact on employers and insurers. Overhaul of Industrial Noise-induced Hearing Loss Claims HB0669/SB0843…
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…
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.…
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Stephen S. McCloskey Article Archives
Questioning the Constitutionality of the Maryland Child Victims Act of 2023
January, 2024 | By Stephen S. McCloskey
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…
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…
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.
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…
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.
James S. Maloney Article Archives
Occupational Disease Must Be a Known Risk to a Particular Profession for Employer to Be Liable in Maryland
July, 2024 | By James S. Maloney
Under the Workers’ Compensation Act, an employee is to be compensated by their employer if they become partially or totally incapacitated due to an occupational disease acquired in the course of their employment. Md. Code, Lab. & Emp. § 9-101(g) defines occupational disease as “a disease contracted by a covered employee: (1) as the result…
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…
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:…
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.
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Stuart M. Lesser Article Archives
Eric M. Leppo Article Archives
Robert L. Hebb Article Archives
Analysis: SCOTUS’ Ruling Keeping Former President Trump on the 2024 Ballot
May, 2024 | By Robert L. Hebb
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…
Are Punitive Damages Available to Plaintiffs Involved in Motor Vehicle Accidents in Maryland?
January, 2024 | By Robert L. Hebb
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…
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,…
Joseph F. Giordano Article Archives
Lawrence G. Giambelluca Article Archives
CMS Announces Changes For 2025 Impacting Settlement of Workers’ Compensation Claims
April, 2025 | By Lawrence G. Giambelluca
Parties to a workers’ compensation claim must protect the interests of Medicare when settling any claim. As the law itself is somewhat vague on how that is to be accomplished, the Centers for Medicare & Medicaid Services (CMS) routinely publish notices and guidelines with advice and recommendations. This year, CMS has updated its Guidelines in…
Changes to Medicare Set-Aside Reporting in Workers’ Compensation Claims
July, 2024 | By Lawrence G. Giambelluca
Earlier this year, the Centers for Medicare & Medicaid Services (CMS) issued an alert announcing changes to the reporting requirement of workers’ compensation settlements that will become effective as of April 2025. Medicare has always required that parties “protect their interests” when entering into settlements. Generally speaking, the parties are required to ensure that no…
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.
Oh, No! My Insurer Has Gone Bust! Can an Insurance Guaranty Association Help Me?
January, 2004 | By Alan N. Gamse
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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…
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…
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…
Carl E. Eastwick Article Archives
Preparing for a Sunset of the Federal Estate Tax Exemption
This article was authored by Semmes law clerk Gabrielle Rachuba.
October, 2024 | By Carl E. Eastwick
The Federal Estate Tax is a tax on the transfer of property at death. The Federal Estate Tax Exemption sets the maximum value of assets an individual can leave to their heirs upon death without incurring Federal Estate Taxes. In other words, estates valued below the exemption threshold are not subject to Federal Estate Tax.…
The Eternal Question – Revocable “Living” Trust or Will?
December, 2023 | By Carl E. Eastwick
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.
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.
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.
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…