Senate Bill 550’s Impact on Construction Contracts in Virginia
During its 2022 session, the Virginia General Assembly passed—and the Governor signed—Senate Bill 550, changing the law governing Virginia construction contracts. Specifically, SB550 amends §§ 2.2-4354 and 11-4.6 of the Virginia Code to eliminate or prohibit “pay if paid” clauses while requiring “prompt payment” clauses in public and private construction contracts. A contractor cannot require…
Read MoreMaryland Court of Special Appeals Sets Precedent on Business Interruption Losses Due to COVID-19
On May 24, 2022, the Maryland Court of Special Appeals affirmed a trial court’s ruling out of Frederick County regarding a restaurant operator’s claims of business interruption due to the COVID-19 pandemic. In the case, GPL Enterprise, LLC v. Certain Underwriters at Lloyd’s, 2022 WL 1638787, the court affirmed that the insurance policy did not…
Read MoreCourt of Appeals Clarifies Scope of Its Rulemaking Authority and Addresses the Constitutionality of Its Newly Codified Emergency Powers
In Jesse J. Murphy v. Liberty Mutual Insurance Company, __ Md. __, Misc. No. 5., Sept. Term 2021 (April 27, 2022), the Court of Appeals for the first time addressed the constitutionality of the emergency powers that it conferred upon itself by way of additions to the Maryland Rules in the early days of the…
Read MoreMaryland Appellate Court Examines Statute of Limitations Defenses Applicable to a Petition to Compel Arbitration
In Park Plus, Inc. v. Palisades of Towson, LLC and Encore Development Corp., No. 7, Sept. Term, 2021, ___A.3d ___, 2022 WL 883679, available here, the Court of Appeals of Maryland held that, without language in an arbitration agreement providing otherwise, a petition to compel arbitration filed under the Maryland Uniform Arbitration Act (“MUAA”), Md.…
Read MoreAn Overview of Snap Removal
Removal is the procedure for a party in a state-court action to move the lawsuit to federal court. For removal to be proper, a federal district court must possess subject matter jurisdiction over the case. Primarily, federal district courts possess subject-matter jurisdiction over claims where a plaintiff alleges a cause of action arising under federal law, and claims where the matter in controversy exceeds $75,000, exclusive of interest and costs and is between citizens of different states.
Read MoreMedical expenses are recoverable from a negligent third party only when those expenses are causally related to the third party’s negligence.
The Maryland Court of Special Appeals upheld the decision of the Maryland Worker’s Compensation Commission finding that an Employer in a Workers’ Compensation Claim cannot recover medical expenses it paid from the proceeds of a related medical malpractice settlement where the medical treatment provided was not causally related to the alleged malpractice.
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