Author: JGL Law

In an article published in FireRescue1 on May 2, 2025, Drew LaFramboise explores a trio of common pitfalls for first responders when pursuing and recovering personal injury damages in a civil lawsuit.

Despite first responders being trained to handle stressful and dangerous situations daily, when they suffer an injury on the job, their paths to recovering damages can be unpredictable. Drew explains that one of the most common snares is the “firefighter’s rule,” in which first responders who are injured in the line of duty may be barred from recovering damages caused by the negligence of someone else. He writes that the policy behind the rule comes from a legal concept called “assumption of risk,” although some states have scaled back the rule or eliminated it altogether, and in the states where it has not been eliminated, there are some exceptions to the rule.

Drew also explains the other two most common obstacles in first responder personal injury claims: workers’ compensation exclusivity and contributory negligence and comparative fault.

Noting that first responders who are injured in the line of duty will likely have many questions about their legal rights, Drew emphasizes that understanding and navigating these scenarios will be critical to a successful recovery.

Read the full article “3 personal injury claim pitfalls all first responders should understand.” (PDF)

Veronica Nannis has been named a finalist in the National Law Journal’s 2025 Elite Trial Lawyer list in the category Elite Women of the Plaintiffs Bar. The award highlights the top litigation and appellate work from the previous year and recognizes attorneys for guiding clients through high-stakes litigation.

A principal in the False Claims Act and Civil Litigation departments at JGL, Veronica is a seasoned litigator who fights fraud. She leads a team that files suit under the False Claims Act in federal courts all over the country, focusing on healthcare fraud and various illegal kickback schemes. Veronica proudly represents whistleblowers, including the one who led the United States government to the largest Stark-based healthcare settlement in history – a record $345 million – against a major hospital system.

Jay Holland spoke about the False Claims Act with Jeff Lippman on the “Garden of Thought” podcast. During the podcast, Jay discusses the law’s history, which encourages whistleblowers to come forward and report fraud to the federal government.

Jay explains that these cases, known as qui tam cases, allow a private individual to prosecute a case on behalf of the government and receive incentives. Listen to the podcast to learn more about the False Claims Act and some of the cases Jay has handled.

Facing a divorce, child custody dispute, support dispute, or any form of family conflict in Maryland can be daunting and overwhelming. The time, cost, and stress necessary to bring a case before the Court can deter many.

However, before heading into a courtroom, it’s important to understand that you have options. One of the most effective and affordable alternatives to litigation is Alternative Dispute Resolution (ADR). Going to trial can be fraught with risk and while there are scenarios where that risk is necessary, a risk analysis remains an appropriate first step to deciding if ADR is right for your case. Oftentimes, ADR is an opportunity to resolve your legal issues in a private, amicable, and cost-effective way.

So, What Is Alternative Dispute Resolution in Maryland?

Alternative Dispute Resolution (ADR) refers to legal processes that help people resolve disputes outside of a trial. Common ADR methods include:

• Negotiation – where parties communicate directly (or through attorneys) in order to attempt to reach a mutually acceptable agreement regarding their disputes.
• Mediation – where parties meet with a trained and neutral individual (a mediator) who helps both parties resolve their impasse on issues such as child custody, visitation, alimony, and property division. There is only a binding agreement on issues if both parties agree to be bound.
• Arbitration – where parties agree to submit their dispute to a trained and neutral individual (an arbitrator) who renders a decision regarding a dispute that is binding upon the parties.
• Settlement Conferences – Often required by the court, these are structured negotiations facilitated by a retired judge or a magistrate.

Benefits of ADR in Maryland Divorce and Custody Cases

ADR is strongly encouraged in the Maryland family court system, and for good reason. Family cases can be some of the most emotionally charged and personal cases that go before a judge or magistrate, so the court system heavily encourages the idea of resolving a case before it is too late. Not only does an amicable resolution avoid the unpleasantness of testifying against your spouse, or about issues regarding your children, but allows practical benefits as well, including:

• Lower Costs – ADR is generally much less expensive than litigation.
• Faster Resolution – ADR will allow you to resolve your case much faster and help you avoid the months long delays associated with going to trial.
• Confidentiality – Unlike court hearings, ADR sessions are private.
• Control Over the Outcome – You and your co-parent or spouse make the final decisions about your personal life, not a judge who learned about your family dynamics only hours before ruling.
• Preserved Relationships – ADR promotes cooperation instead of conflict, which becomes especially valuable when co-parenting children, a fact of life that is a reality even after a contested trial.

When Is ADR Required in Maryland Family Court?

Pursuant to Maryland Rule 9-205, after a contested case involving child custody and visitation is filed with the court, the parties will typically be referred to mediation, unless there is a history of abuse or other serious concerns. When mediation is referred (or ordered), the Court will typically identify a mediator from a list of pre-approved certified mediators and will require the parties’ counsel to attend the mediation alongside the parties. Similarly, involving property or support issues, the Court may ask the parties if they believe that ADR is appropriate in their case and offer the opportunity for a Court-appointed mediator to serve in their case.

Is One Form of ADR Better Than Another?

Not necessarily. Every case is unique and the issues at hand may dictate what form of ADR is most appropriate. If the parties and their counsel can communicate reasonably well, then settlement negotiations can occur outside of the purview of a mediator or formal ADR processes. These types of negotiations are informal and thus lack a uniform structure but can nevertheless lead to a successful resolution of your case.

However, when difficulties exist in communication, an independent third party is the best option to communicate ideas between the two sides in the hope of a resolution.

Is ADR Right for Your Family Law Case?

ADR is a strong option for many family law matters, including divorce settlements, child custody and parenting plans, child support and alimony issues, division of marital property, or post-divorce modification actions. However, ADR may not be appropriate in situations involving domestic violence, coercion, or when one party refuses to negotiate in good faith. An experienced Maryland family law attorney can assess your case and help you determine the best path forward.

Work With a Maryland Family Law Attorney Experienced in ADR

Whether you’re going through a contested divorce or negotiating a custody agreement, ADR is the umbrella that offers you multiple options within which to help you move forward with less stress and expense. If you believe your case would benefit from ADR, contact me to discuss the pros and cons.

Recently, popular smartphone accessory manufacturer Casely issued a recall of more than 400,000 “power pods,” portable wireless chargers that are designed to affix to the back of the smartphone during the charging process.

According to the official Consumer Product Safety Commission recall notice, the “lithium-ion battery in the recalled power banks can overheat and ignite, posing fire and burn hazards to consumers.” As of the date of the recall, Casely had received “more than 51 consumer reports of the lithium-ion battery overheating, expanding or catching fire while they were charging” including six reports of burn injuries from this defect.

The Casely recall follows a string of highly publicized safety risks in products containing lithium-ion batteries. In 2016, Samsung recalled over 1 million Galaxy Note7 smartphones because the lithium-ion battery in the phone could overheat and catch fire, including on airplanes. In late 2024, Chervon North America recalled over 60,000 lithium-ion batteries that were installed in SKIL power tools and electric lawn mowers. Earlier this year, Samsung SDI recalled 180,000 lithium-ion battery packs installed in Chrysler, Volkswagen, Audi, and Ford electric vehicles. Battery-powered mobility devices, such as e-bikes, have been the source of hundreds of fires and dozens of injuries and deaths. These are just a few of the hundreds of consumer recalls and reports of injuries involving lithium-ion batteries over the past several years.

Lithium-ion batteries explode or combust due to a process called “thermal runaway.” This is a chain reaction that occurs when the battery overheats and is unable to stop an uncontrolled rapid increase in temperature. Thermal runaway can be caused by a number of factors, including improper manufacturing practices, defective battery design, use of inadequate or substandard materials, and mishandling or damaging the battery during shipment or storage. Properly manufactured, designed, and handled lithium-ion batteries should be resistant to thermal runaway and safe for consumers.

But when lithium-ion batteries experience thermal runaway and overheat and combust, the results can be catastrophic. This risk of harm to consumers is particularly heightened in the case of handheld consumer products containing these batteries, such as phones, laptop computers, electronic cigarettes and vaping devices, and power tools.

When lithium-ion batteries explode and cause injury, there may be several responsible parties. Under product liability laws, the seller of the product has liability for the injuries suffered by the end user or consumer. The company that manufactured and/or designed the battery—which is often different than the seller—may also have liability if they engaged in substandard practices in developing and manufacturing the battery. Finally, the distributor of the product—that is, the company that ships or stores the product during the chain of commerce—may have liability depending on the circumstances and nature of the defect.

Holding product manufacturers, sellers, and distributors accountable is complex and challenging. It is critical that, in the event of a catastrophe involving a defective lithium-ion battery, consumers reach out to a law firm experienced in handling fire and explosion cases to discuss their legal rights and options.

In an article published in Authority Magazine on April 21, 2025, Christopher Castellano explains how parents can create a peaceful, cooperative arrangement post-divorce that prioritizes their child’s well-being.

Castellano notes that post-divorce can be one of the most difficult times in a person’s life and comes with a number of challenges, including communication, different parenting styles, lingering emotions, and differing perspectives. Miscommunication is the cause of a significant portion of divorces, he writes, so he encourages his clients to think twice about their communication methods and tactics.

While the situation may be challenging, there are a handful of strategies that can help parents provide stability for their children, including having a comprehensive custody agreement and establishing rules and routines for each household. Castellano also explains how parents can manage their own emotions and differences while focusing on their child’s best interests.

Read the full article “Peaceful Parenting: Christopher Castellano of Joseph Greenwald Laake on 5 Essential Tips for Successfully Sharing Custody” in Authority Magazine.

In an article published in The Legal Intelligencer on April 22, 2025, Valerie Grove walks through the steps needed to select the most qualified expert witness for a medical malpractice case to save time, money and needless worry.

First, she notes, it’s imperative to vet an expert as carefully and comprehensively as possible to confirm whether they have the education, training and experience that’s needed. Defense attorneys will not hold back in demanding proof of various claims, so it’s crucial to ensure there are no holes in a witness’s argument.

Grove explains that once an expert witness is confirmed and they’ve shared their opinions, it’s crucial that an attorney is familiar with Daubert v. Merrell Dow Pharmaceuticals, under which a trial judge must determine whether the testimony of an expert has “a reliable basis in the knowledge and experience of the relevant discipline.” She states that Maryland has recently joined the supermajority of states and formally adopted the Daubert standard for the admission of expert witness testimony, which requires that the process by which an expert witness came to their opinions must be sufficiently reliable. Grove also discusses a Daubert challenge and what happens when the other side challenges your expert witness.

Read the full article “Selecting the Right Expert Witness for Your Medical Malpractice Case” in The Legal Intelligencer.

In an article published in Investopedia on March 31, 2025, Michal Shinnar was quoted regarding the Family and Medical Leave Act (FMLA) and what to expect throughout the application process.

The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. To manage this leave, employers may use their own FMLA forms, the Department of Labor’s (DOL) forms, or have a third party handle the process. However, there is no legal requirement to fill out any particular form explains Shinnar. “Your employer has to accept a request that meets all the certification requirements. Employers are allowed to accept less than the certification information; they just can’t require more to approve FMLA.”

Completed forms should be submitted to the employer or HR department only – not the DOL or your supervisor. “You are entitled to your medical privacy when it comes to FMLA leave, just like under the [Americans With Disabilities Act],” Shinnar says. “Your supervisor gets to know the ‘what’ (i.e., when you will be on leave), but not the ‘why’ (i.e., what the medical conditions or specific symptoms are).”

If your FMLA request is denied, you can submit a complaint to the U.S. Secretary of Labor or file a civil lawsuit. The lawsuit must be filed within two years after the denial—or three years if you can prove the employer’s violation was willful.  “An attorney can provide you with more specific advice,” states Shinnar.

Read the full article “How to Fill Out FMLA Forms: A Step-by-Step Guide.” (PDF)

Since 2022, many legislative changes have impacted Maryland family law with much of the focus being on no-fault grounds for divorce, residency requirements, and changes to the child support guidelines. However, the legislature, for the first time, defined “voluntary impoverishment,” and that was a big deal. As we approach the third anniversary of a somewhat unheralded change, how has this impacted family law in Maryland?

First – What is “voluntary impoverishment?”

Voluntary impoverishment is the concept whereby a payor of support deliberately reduces their income to avoid or minimize their support obligation. This can manifest in a number of different ways, including quitting a job, reducing work hours or underreporting income – it can even include retirement in some cases. Until 2022, the Maryland Courts always viewed such tactics critically as voluntary impoverishment. In 1992, the Court in John O. v. Jane O., 90 Md. App. 406 (1992) defined voluntary impoverishment as the act “…to reduce oneself to poverty or deprive oneself of resources with the intention of avoiding child support or spousal obligations.” Id at 421. Just a year later, the Court seized on an opportunity to clarify its John O. v. Jane O. opinion and clarified that while a support obligor’s intent behind voluntary impoverishment may be relevant context, ultimately, the contextual reason for the impoverishment “…doesn’t affect that parent’s obligation to the child.” Goldberger v. Goldberger, 96 Md. App. 313 (1993).

With a clearer understanding of voluntary impoverishment, Maryland Courts evaluated voluntary impoverishment by assessing whether a parent’s unemployment or underemployment was ‘voluntary’ and ‘without justification’ whilst considering a number of factors, including job history, job qualifications, efforts to seek employment, the market, health circumstance, or other employment-limiting factors. Due to the somewhat broad standards and inherent discretion, decisions proved inconsistent over the years.

Post-2022

The Legislature added two relevant definitions to Section 12-201 of the Family Law Article, first, “voluntary impoverishment,” which now means “that a parent has made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources.” Second, the legislature defined “potential income” to mean “income attributed to a parent determined by:

• the parent’s employment potential and probable earnings level based on, but not limited to:
  • the parent’s:
    • age;
    • physical and behavioral condition;
    • educational attainment;
    • special training or skills;
    • literacy;
    • residence;
    • occupational qualifications and job skills;
    • employment and earnings history;
    • record of efforts to obtain and retain employment; and
    • criminal record and other employment barriers and
• employment opportunities in the community where the parent lives, including:
  • the status of the job market;
  • prevailing earnings levels; and
  • the availability of employers willing to hire the parent;
• the parent’s assets;
• the parent’s actual income from all sources; and
• any other factor bearing on the parent’s ability to obtain funds for child support.

The legislature also revised Section 12-204 of the Family Law Article which now states that “[i]f there is a dispute as to whether a parent is voluntarily impoverished, the court shall: (i) make a finding as to whether, based on the totality of the circumstances, the parent is voluntarily impoverished; and (ii) if the court finds that a parent is voluntarily impoverished, consider the factors specified in Section 12-201(m) of this subtitle in determining the amount of potential income that should be imputed to the parent.”

So What Do These Changes Mean?

The intent was to ensure that the variability and discretion that was apparent in pre-2022 cases was sidelined in favor of consistency. From a practical perspective, many of the pre-2022 recommendations remain if you are a payor of support facing an allegation of “voluntary impoverishment.” But now, all litigants will benefit from the same parameters relative to the question of voluntary impoverishment.

Recommendations

Clearly defining how a court will consider if a support payor has voluntarily impoverished themselves unquestionably offers the accused an understanding of how to counter-act the averment on a factor-by-factor basis. When preparing, you should do the following:

• Gather your documents. Whether you lost your job or were demoted and now you are being accused of voluntarily impoverishing, always maintain clear records. This includes job searches, applications, interviews, etc. If you have had a medical condition that inhibited your working opportunities, gather and maintain as much documentation on your condition as you can.
• Consult with a professional. Anytime an allegation such as “voluntary impoverishment” is raised, your case is that much more complicated. Retaining an experienced family law attorney can help you prepare an appropriate strategy to counter-act the allegations.
• Hire an expert. You and your family law attorney can determine an appropriate vocational expert who can help you respond to the allegations of voluntary impoverishment.

Conclusion

The changes brought to Maryland family law by the legislature of 2022 are significant and defining voluntary impoverishment has often flown under the radar. But such a clarification is a benefit to litigants in Maryland as variability is limited. If you are facing allegations of voluntary impoverishment or if you believe you are involved with someone who you believe is voluntarily impoverishing themselves, call me to discuss your circumstances.

In an article published in Financial Advisor on March 27, 2025, Paul Riekhof explains that when it comes to the full impact of death and taxes there are state taxes to consider, in addition to federal taxes – and there are sharp distinctions among various state laws.

Riekhof explains that 13 jurisdictions impose a state estate tax while five jurisdictions impose inheritance taxes based upon the relationship between the decedent and the beneficiaries. He adds that Maryland is the only state currently imposing both an estate tax and an inheritance tax.

Riekhof writes that the state-to-state exemption levels vary widely. In Oregon, the exemption level is $1 million, while in Connecticut it is $13.99 million, the same as it is under federal law. The differences between state and federal law create confusion regarding the impact of these taxes, which can lead to an otherwise avoidable tax payment.

For the five states that impose inheritance taxes, the exemption levels are typically very low ($100,000 or less) to nonexistent, Riekhof explains. The imposition of the tax and the applicable rates depends largely upon the degree of relationship of the beneficiary to the decedent.

Riekhof states that residents of any of the 17 states imposing state-based death taxes, as well as nonresidents with real or tangible property in those states, need to understand the taxes and take them into account during their estate planning process. “Through creative planning, there are often ways to minimize or even eliminate the tax burdens while still accomplishing the goals of the grantor.”

Read the full article “The Unfortunate Burden: Dealing With State Estate Taxes.” (PDF)

In this episode of JGL LAW FOR YOU, JGL family law attorneys Christopher Castellano and David Bulitt explore cryptocurrency in the context of divorce, covering its definition, how to accurately value it during proceedings, and the process of dividing it as a marital asset.

In an interview with KNX News Radio Los Angeles anchor Brian Douglas, Michal Shinnar discusses a pivotal court ruling that may force the federal government to reinstate tens of thousands of probationary federal employees who were fired by the Trump administration.

The landmark decision by a federal judge in Northern California ordered several key departments—including Veterans Affairs, Energy, Defense, Interior and Agriculture—to immediately rehire fired probationary employees. The ruling stems from a lawsuit filed by employee unions, which challenged the legality of the mass firings during the Trump administration’s push to reduce the size of the federal workforce.

During the interview, Shinnar discusses the general rules and regulations governing “reduction in force” firings of probationary federal workers, whether the Trump administration been following those rules, what the ruling means for federal workers, and the implications the decision has on cases pending in other jurisdictions.

“This is a pretty untested area of law because it really hasn’t happened before,” said Shinnar. She notes that the outcome of the California case could set a precedent for how such cases are handled in the future.

For more information on the ruling and what it means for the future of probationary federal workers, listen to the full interview: