Workers’ Compensation & Employers’ Liability Article Archives

Semmes Featured in’s Legal Intelligencer Article

August, 2023 | By Todd E. Saucedo and Hudson T. Sauls

Todd E. Saucedo and Hudson T. Sauls recently authored an article for’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.…

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New Worker’s Compensation Legislation Affects How D.C. Handles Benefits Paid and Received by a Claimant in Another Jurisdiction

January, 2023

A new emergency piece of legislation will affect how Washington, D.C., handles a credit for benefits paid and received by a workers’ compensation claimant in another jurisdiction. The new law essentially permits claimants who file in D.C. to still pursue benefits under the Act even if they have received an order/benefits from a sister jurisdiction. The…

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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…

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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…

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Transportation Article Archives

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Mergers & Acquisitions 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.

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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…

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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…

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Litigation Article Archives

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.

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Off-label Drug and Device Promotion in the Wake of Amarin

February, 2017

Recent cases involving promotion to doctors have challenged off-label promotion enforcement actions based on due process and First Amendment grounds, as well as physicians’ need for scientific information. By Marisa A. Trasatti and Marie Claire Langlois

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The Internet of Things and its Impact of Data Retention, E-Discovery, Products Liability, and Cybersecurity

January, 2017

The exponential rise of the IoT implicates several important areas of law. Pertinent to this analysis are the areas of Data Retention, E-Discovery, Products Liability, and Cybersecurity. By Marisa A. Trasatti and Matthew S. Sarna

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Access And Disclosure of Medical And Mental Health Records: Summary of Maryland Law

January, 2017

Paper submitted by J. Snowden Stanley, Jr. at the Eastern Claims Conference, February 28, 2005 Maryland laws that provide for the confidentiality of medical records, establish clear and certain rules for the disclosure of medical records, and bolster the privacy rights of patients. View pdf The above publication is saved in PDF format. You will…

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Life & Health Insurance & ERISA Claims Article Archives

Labor & Employment Article Archives

Preventing Violence In The Workplace

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…

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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…

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The Employee Free Choice Act – Redux

| By Donald F. Burke

New companion bills placed in the Congressional hopper, designated as H.R. 1409 and S. 560, constitute an amendment to the National Labor Relations Act, designated the Employee Free Choice Act of 2009 (EFCA). View Article The above publication is saved in PDF format. You will need the free Adobe Acrobat Reader to view this document.

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Employers Questions About FLSA Overtime Requirements Are Answered

The Fair Labor Standards Act (FLSA) was enacted by Congress in 1935. Yet many employers continue to raise questions about the FLSA’s overtime requirements. This article will address some of those questions.

1. May comp time be given in lieu of pay?

NO. Even if an employee asks for comp time rather than pay, unless the employee is in one of the exempt categories (executive, administrative, professional, over-the-road driver, outside sales), the employee must be paid for hours worked in excess of 40 in a work week at a rate not less than time and one-half the employee’s regular rate of pay.

2. Is there any limit on the number of hours that an employee may work in any work week?

NO. There is no limit in the Act on the number of hours employees aged 16 and older may work in any work week.

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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.

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Insurance Coverage/Defense Article Archives

Do Commercial Property Insurance Policies Cover Business Interruption Losses Sustained due to COVID-19?

July, 2022 | By David F. Risk

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…

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Estate Planning, Probate & Trusts Article Archives

Estate Planning, Probate & Trusts Frequently Asked Questions

March, 2017

What is an estate plan? What exactly is a trust and why might I need one? Can an estate plan help reduce taxes? I am in a same-sex relationship. How can we protect ourselves beyond a basic estate plan? I’ve heard about revocable living trusts. Should I have one? What is probate? My assets are relatively modest. Do I still need an estate plan? What happens if I die without a Will? I am young and healthy. Do I really need a financial Power of Attorney and Advance Medical Directive?

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Selecting Your Executor And Trustee

Your ability to select the person to manage your affairs after your death is one of the advantages of making a will or a trust. If you make a will, or a revocable trust as a substitute for a will, you nominate a person to settle your estate. If you create a trust, you name a person to be the “trustee” of the trust. The trustee is duty bound to follow the instructions in the trust instrument and the law governing trusts.

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The Probate Process

Most people encounter probate for the first time after a close family member dies. Probate is simply the legal name for wrapping up the affairs of the deceased so that title to his or her wealth is validly changed over to the beneficiaries of the estate. This brief list of questions and answers is an effort to provide a perspective on the probate process.

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Where There’s a Will There’s a Way

January, 2017

Imagine if the state of Maryland planned your funeral. Your loved ones could gather in a state-run funeral chapel under the hum of florescent lights. Amid plastic chrysanthemums and piped-in organ music, you would be eulogized by a state employee who had never met you. With little to go on, he could speak favorably of your diligence in paying your taxes and avoiding incarceration. Then your remains would be conveyed to a public cemetery and interred beneath a marker bearing the identifier by which the state knows you best—your Social Security number.

How does that sound? Like a Las Vegas wedding, this scenario may have a certain kitsch appeal, but most of us would prefer something a bit more personal. Fortunately, the state won’t plan your funeral, even if you fail to do so. But if you die without a Will, it will plan your estate, and the results can be just as regrettable.

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Equal Employment Opportunity Article Archives

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Corporate & Business Article Archives

Important Changes to IDOT Recordation Taxes in Maryland

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.

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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…

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Collective Bargaining Article Archives

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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…

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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?

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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…

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Preemption in Medical Device Litigation: What has changed Since Reigel?

March, 2012

This Article provides an overview of current State and legislative developments after Riegel. It begins with a history of medical device regulation and highlights the recent case of Stengel v. Medtronic, in which the Ninth Circuit adhered closely to Riegel to hold State law claims preempted by the MDA. Stengel also highlights the uncertainty lower court’s face in the wake of Riegel when determining which claims are encompassed in the Supreme Court’s 2008 holding.

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Alternative Dispute Resolution Article Archives

Early Neutral Evaluation: An Additional Tool for Resolving Disputes

January, 2017

There are numerous methods available to avoid the time and expense of a trial before a judge or jury if the parties to a dispute wish to do so but are unable to resolve their differences by direct negotiation. Mediation and arbitration are two examples of such devices which can be very useful in this effort. Early neutral evaluation is another tool which has been employed with success in certain areas and can be adapted to assist the parties in focusing their efforts on real issues in a dispute and in achieving settlement if they wish to do so.

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Affirmative Action Article Archives