In a New Opinion, the Court of Appeals of Virginia Examines the Contours of the Employer-Employee Relationship and the Legal Standard for Holding an Employer Vicariously Liable for the Tortious Act of an Employee

The Court of Appeals of Virginia issued its Opinion on June 4, 2024, in the case of H.C. v Potomac Hospital Corporation, Record No. 0521-23-4, affirming the lower court’s decision to strike the evidence at trial against a hospital which was sued by a patient on a vicarious liability theory for a sexual assault perpetrated … Read moreIn a New Opinion, the Court of Appeals of Virginia Examines the Contours of the Employer-Employee Relationship and the Legal Standard for Holding an Employer Vicariously Liable for the Tortious Act of an Employee

Court of Appeals of Virginia clarifies that a landlord’s warranty of habitability under the VRLTA cannot be waived by agreement

On March 12, 2024, the Court of Appeals of Virginia issued a holding which examines the contours of the Virginia Residential Landlord Tenant Act (“VRLTA”) as it relates to a residential landlord’s ability to disclaim the warranty of habitability owed to a tenant. Parrish v. Vance came before the Court of Appeals of Virginia from … Read moreCourt of Appeals of Virginia clarifies that a landlord’s warranty of habitability under the VRLTA cannot be waived by agreement

Recent District of Columbia Court of Appeals Opinion Provides Guidance for a Condo Association’s Statute of Limitations Defense Against a Condo Owner’s Claim for Breach of Duty to Repair On January 11, 2024, the District of Columbia Court of Appeals issued a decision in the matter of Steven W. Nicklin v. The Stonesdale Unit Owners’ … Read more

Maryland Court of Appeals Issues Opinion Clarifying the Duty of Care and Potential Liability in Lawsuits Involving Multi-Contractor Construction Projects

On August 15, 2022, the Court of Appeals of Maryland issued a decision in the matter of Andrea J. Hancock, et al. v. Mayor & City Council of Baltimore, et al., clarifying the duty of care and potential liability among parties commonly involved in multiple-contractor construction projects associated with injuries sustained therefrom. The circumstances of … Read moreMaryland Court of Appeals Issues Opinion Clarifying the Duty of Care and Potential Liability in Lawsuits Involving Multi-Contractor Construction Projects

Maryland Court of Appeals Opinion Illustrates the Importance of Timeliness Provisions in Contractual Arbitration Clauses

In the recent March 25, 2022 decision by the Court of Appeals in the case of Park Plus, Inc. v. Palisades of Towson, LLC and Encore Development Corp., the Court held that when a contract containing an arbitration clause is silent on the timeliness to demand arbitration, the statute of limitations provided in the Maryland … Read moreMaryland Court of Appeals Opinion Illustrates the Importance of Timeliness Provisions in Contractual Arbitration Clauses

Supreme Court of Virginia Holds an All-Terrain Vehicle is Not a “Farm-Type Vehicle” for Purposes of Homeowner’s Insurance Policy Provision

The Supreme Court of Virginia issued an April 14, 2022, opinion reversing the lower court’s ruling that Erie Insurance Exchange owed coverage under a homeowner’s insurance policy for injuries suffered in connection with an accident that occurred on an all-terrain vehicle (“ATV”) operated by the insured. In reversing the decision of the Circuit Court of … Read moreSupreme Court of Virginia Holds an All-Terrain Vehicle is Not a “Farm-Type Vehicle” for Purposes of Homeowner’s Insurance Policy Provision

Maryland Court of Appeals Reaffirms the Need for More than Mere General Control to Subject a Principal to Liability for the Tortious Conduct of an Independent Contractor

On December 21, 2021, the Court of Appeals of Maryland issued its opinion affirming the intermediate appellate court’s decision reversing the trial court’s refusal to grant the motion for judgment brought by Giant of Maryland, LLC (“Giant”) at the conclusion of trial. The Court of Appeals held that the trial court should have granted Giant’s … Read moreMaryland Court of Appeals Reaffirms the Need for More than Mere General Control to Subject a Principal to Liability for the Tortious Conduct of an Independent Contractor

D.C. Court of Appeals Reverses Decision Dismissing Case, Finding that Forum Selection Clause was Permissive

On November 4, 2021, the District of Columbia Court of Appeals issued a decision in King Carpentry, Inc. v. 1345 K Street SE, LLC, et al. analyzing the distinction between mandatory and permissive forum selection clauses and examining certain provisions of the District’s subcontractor’s lien statute, D.C. Code § 40-303.01 et seq. In this case, … Read moreD.C. Court of Appeals Reverses Decision Dismissing Case, Finding that Forum Selection Clause was Permissive

D.C. Court of Appeals Affirms Construction Arbitration Award Despite Alleged Material Non-Disclosures of Arbitrator

On August 26, 2021, the Court of Appeals of the District of Columbia issued a decision on the C. R. Calderon Construction, Inc. v. Grunley Construction Company, Inc. case, involving issues surrounding the validity of an arbitration award in a construction dispute. Grunley Construction was hired as the general contractor for renovation of the Watergate Hotel.  Calderon … Read moreD.C. Court of Appeals Affirms Construction Arbitration Award Despite Alleged Material Non-Disclosures of Arbitrator