Federal Black Lung Litigation 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…
Workers’ Compensation & Employers’ Liability 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…
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…
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…
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…
Transportation Article Archives
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Professional Liability Article Archives
Products Liability Article Archives
Maritime Article Archives
Passenger Ship Convention Sidetracked/Bunker Pollution Convention Prioritized
August, 2000
In the last issue of The Quartermaster we mentioned that the International Maritime Organization (IMO) Legal Committee was scheduled to meet in October of this year and would attempt to implement a Draft Protocol amending the 1974 Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea. Leading up to that meeting the Draft Protocol was nearly complete and it appeared that it would be the first priority of the Legal Committee. However, early in the course of the meeting it became apparent that consensus could not be reached on a number of important items, and, as a result, the Draft Protocol was taken off the Legal Committee’s number one priority status.
New Funding To Be Made Available For U.S. Flag Vessel Construction
July, 2000
Early in November, 1999, Representatives McCrery (R-La.) and Jefferson (D-La) in the House joined Sen. John Breaux (D-La) to sponsor new legislation that would change U.S. tax laws to liberalize the use of the Capital Construction Fund by U.S. flag operators not only to fund new ship construction in U.S. shipyards, but also to lease…
New Funding Source Proposed For Dredging
June, 2000
Ever since the Supreme Court held that the Harbor Maintenance Tax on exports to be unconstitutional in United States v. United States Shoe Corporation, ___ U.S. ___, 118 S.Ct. 1290, 140 L.Ed2d 453 (1998), Congress has grappled with finding an alternative means to fund maintenance dredging of the nation’s harbors. In the last Congress, a…
Litigation 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…
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…
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
| 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…
Artificial Intelligence & The Law Stop Running … You Can’t Hide
| 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…
Life & Health Insurance & ERISA Claims Article Archives
Labor & Employment 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…
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…
Preventing Violence In The Workplace
January, 2017
It Could Never Happen Here Most employers do not take the threat of workplace violence seriously enough. Every now and then, a workplace shooting or murderous incident occurs that shocks employers and employees alike. However, the reality of these incidents soon fades and so does the momentary fear of a similar occurrence in our own…
Payroll Mistakes Can Cost You – Big!
For most businesses, the single largest class of operational expenses is payroll and related expenses. In addition to wages paid directly to employees, employers are required to pay a share of federal taxes, withhold and remit state and federal income taxes, and contribute to the state and federal unemployment compensation coffers. A majority of employers…
Insurance Regulation & Insolvency 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.
Insurance Coverage/Defense Article Archives
Do Commercial Property Insurance Policies Cover Business Interruption Losses Sustained due to COVID-19?
July, 2022
Note: This is an update to a previously published post. A Maryland Court of Special Appeals opinion that set Maryland precedent on business interruption losses due to COVID-19 is part of a national trend. Several courts have ruled in favor of insurers on the issue of whether losses incurred from government COVID-19 restrictions are covered…
Estate Planning, Probate & Trusts 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…
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 Legal Benefits of Marriage
Estate Planning for Maryland’s Same-Sex Couples
February, 2024
The right to marry now extends to more Marylanders than ever before. Under the Civil Marriage Protection Act, which took effect January 1, 2013, same-sex couples can obtain marriage licenses knowing that their unions will be recognized by the state. Federal recognition came some six months later with the U.S. Supreme Court’s decision in United States v. Windsor. These are exciting developments for the LGBT community, and couples who choose to marry will now enjoy many important benefits. Among these are the right to file joint tax returns, to receive Social Security and other government benefits, and to obtain health insurance from a spouse’s employer.
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.
Equal Employment Opportunity Article Archives
Creditors Rights & Bankruptcy Article Archives
Corporate & Business Article Archives
Important Changes to IDOT Recordation Taxes in Maryland
January, 2017
During the Special Session held on May 14-16 of this year, the General Assembly passed a budget bill that includes a considerable limitation on the widely used deferral of recordation taxes on Indemnity Deeds of Trust (IDOTs). Governor O’Malley signed the bill into law on May 22, 2012.
The new law, which will apply to all IDOTs recorded on or after July 1, 2012, imposes recordation tax on IDOTs securing loans of $1 million or more to the same extent that recordation tax would be imposed on a deed of trust or mortgage granted by the borrower. Recordation tax rates range from approximately ½ percent to just over 1 percent depending upon the jurisdiction in which the real property is located.
Construction Article Archives
Navigating Risk: Advising Clients on Construction Defect Coverage and CGL Policies
February, 2023
Matthew McDaniel suggests that a strong risk management plan is as important as blueprints and permits when preparing for large construction projects. He advises businesses to take time before breaking ground to understand the scope and extent of the coverages and exclusions available in their insurance policies to identify potential gaps in coverage. In an…
Class Action Litigation Article Archives
Business Litigation 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…
Practical Construction Law For Maryland Contractors
July, 2017
This article offers Maryland contractors and subcontractors a practical outline of some of the legal principles applicable to their daily business activities in an effort to help them anticipate problems and to be better equipped to resolve potential disputes with a minimum of difficulty and expense. A limited outline such as this cannot provide legal…
To Try or Not to Try: Who Decides Is the Question
May, 2014
The “Right to Try” refers to the right of terminally or seriously ill patients to acquire investigational drugs without waiting for FDA approval. It grants these patients the right to access certain drugs, specifically those drugs that have completed only phase one of the FDA three-phase drug approval process. Advocates of the Right to Try contend that the decision to try an investigational drug should be between a patient and his or her physician and, thus, exclude the government, i.e., the FDA. Opponents support the FDA’s role in the drug approval and distribution process. The Right to Try debate boils down to one question: Who should decide whether a drug is too risky to try?
Litigation and Social Media: Using Social Media to Your Advantage at Every Step of the Trial
February, 2014
This brave new world of social media poses a host of challenges, both substantive and procedural, for judges, attorneys, and litigants. Though some have refused to recognize the reality of social media,6 most jurists and attorneys are now dealing head-on with issues raised by its use. By Marisa A. Trasatti and Anna C. Horevay. View…