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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 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

Holly Gaudon Joins MacDonald Law Group

On August 1, 2020, Holly Gaudon joined MacDonald Law Group as an associate attorney. Holly is a 2019 graduate of the University of Dayton School of Law, and a 2016 graduate of The Ohio State University. During law school, Holly served a judicial externship with U.S. Magistrate Judge Sharon Ovington from the United States District … Read moreHolly Gaudon Joins MacDonald Law Group

Maximizing efforts to minimize allegations

Virtually every company faces liability litigation at some point because no one can anticipate an unpredictable problem. But what if there were a technology available that would allow businesses to predict the unpredictable? Everyone in the construction and building management industries knows that small issues can escalate quickly into widespread problems. However, in some instances, … Read moreMaximizing efforts to minimize allegations

Quisenberry v. Huntington Ingalls Incorporated – Virginia Supreme Court Recognizes a Duty for an Employer to Family Members of Employees in Take Home Asbestos Exposure Cases

In Quisenberry v. Huntington Ingalls Inc., the Virginia Supreme Court answered certified questions of law from the United States District Court for the Eastern District of Virginia, and, in doing so, found that there is a legal duty in Virginia, imposed upon employers, owed to family members of its employees in take-home asbestos exposure cases.  … Read moreQuisenberry v. Huntington Ingalls Incorporated – Virginia Supreme Court Recognizes a Duty for an Employer to Family Members of Employees in Take Home Asbestos Exposure Cases

Estate of Concetta Schatz v. John Crane, Inc. – Maryland Intermediate Appellate Court Holds Maryland Imposes No Duty on a Manufacturer to Warn a Household Member of a Worker Who Used the Manufacturer’s Product

The case involved a mesothelioma claim brought by the estate of Concetta Schatz against John Crane, Inc. (hereinafter “JCI”) (other defendants had been sued but had been dismissed or had resolved before trial). The estate claimed that Mrs. Schatz developed mesothelioma as a result of washing her husband’s clothing.  Her husband, William Schatz, was employed as a … Read moreEstate of Concetta Schatz v. John Crane, Inc. – Maryland Intermediate Appellate Court Holds Maryland Imposes No Duty on a Manufacturer to Warn a Household Member of a Worker Who Used the Manufacturer’s Product