Workers’ Compensation & Employers’ Liability Article Archives
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…
June, 2020 | By James S. Maloney
The West Virginia Office of the Insurance Commissioner has recently issued the new State average weekly wage for fiscal year 2021
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.…
March, 2020 | By Julie D. Murray
Maryland and District of Columbia new workers’ compensation rates for 2020.
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The Ocean Shipping Reform Act (“OSRA”), which was signed into law by President Clinton on October 14, 1998, is back in the news again, as Representative Henry Hyde (R.-Ill), Chairman of the House Judiciary Committee, has introduced a bill to amend that Act to eliminate antitrust immunity for ocean carriers. Hyde’s bill, called the Free…
Litigation Article Archives
Defending Products Liability Suits Involving Off-Label Use: Does the Learned Intermediary Doctrine Apply?
Although the learned intermediary doctrine serves as a shield for manufacturers against consumer claims arising from allegations of failure to warn of a drug’s risks, physicians commonly engage in off-label use. It is impossible for manufacturers to warn physicians of every risk of any and all uses of a drug. But, court decisions that address…
“Easy’s Getting Harder Every Day”
Social Security and Workers' Compensation Offsets - Legal and Practical Effect on Claims for Individual and Group Disability and Pension Benefits
This paper will discuss the resolution of some of the more common disputes which have arisen over the efforts to offset Social Security or Workers’ Compensation payments from disability or pension plan benefits.
Operators of assisted living facilities and related institutions are well aware of the oversight imposed by federal and state regulations. This article identifies the most common sources of potential liabilities. Paper submitted at the Eastern Claims Conference, February 28, 2005 View pdf The above publication is saved in PDF format. You will need the free Adobe…
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…
Life & Health Insurance & ERISA Claims Article Archives
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Employment-Based Immigrant (“green cards”) Visas EB-1 Priority Workers – Persons of Extraordinary Ability in the sciences, arts, education, business or athletics; Outstanding Professors or Researchers; Multinational Executive and Manager Transferees. INA 203(b)(1), 8 U.S.C. section 1153(b)(1). Persons of Extraordinary Ability are aliens with extraordinary ability in one of the named areas that have demonstrated that…
During the 2003-2004 term (October to June), the United States Supreme Court will decide several cases that have consequences for employment and labor law practices nationwide.
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…
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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Estate Planning, Probate & Trusts Article Archives
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.
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, 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. Living trusts can be useful in limited circumstances, but most of us are simply better off without one. A revocable living trust is essentially a substitute for a Will. Rather than having your estate administered through probate, you would retitle your assets in the name of a trust created for this purpose. Because the trust is revocable, you can amend or revoke it as necessary during your lifetime. Upon your death, the trust becomes irrevocable and your trustee simply distributes the assets to your beneficiaries. Time is saved, costs are minimized, and probate is avoided. What’s not to like?
George Burns once said, “Happiness is having a large, loving, caring, close-knit family in another city.” He may have been on to something. Families can bring us joy, but they can also bring us heartache. For most people, of course, family woes are mere annoyances-the parent who complains we never call, the crazy uncle who…
Ann Aldrich was a frugal lady. When it came time to write her Will, the Florida resident decided to use “E-Z Legal Forms” and leave everything to her sister, Mary. By preparing the Will herself, Ann thought, she would save the cost of using a lawyer and achieve the same result. What could possibly go wrong?
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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.
Judicial Selection: The Nuts and Bolts of Making it to the Bench Published in the Fall 2012 Edition of The Defense Line, A Publication from the Maryland Defense Counsel Inc.
How does one become a judge? District 4 of The National Association of Women Judges held a forum at Semmes, Bowen & Semmes’ Baltimore Office where a distinguished panel of sitting judges and other lawyers, involved in the judicial nominations process, sought to demystify the ascension to a judgeship for the audience. The panelists informed aspiring judges on the nuts and bolts of judicial selection.
It seems that product recall measures permeate the major news headlines. With so much publicity, impaneling a jury that is not prejudiced is nearly impossible. Defense attorneys must be prepared to handle harmful product recall evidence, especially in medical device cases. This article aims to demystify the handling of recall evidence in product liability cases,…
Many events can create unusual claim situations if not carefully and promptly addressed. Failure to appreciate the potential pitfalls inherent in such common situations may lead to unusual claim situations which can create expensive litigation and even cause multiple payments to be made for the same policy.