Author: JGL Law

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:

The Washington Post recently highlighted how, for the third year in a row, our Washington area streets have had over 100 pedestrian deaths per year.

While numbers on the national level seem to be declining slightly, in the Washington D.C. area, they continue to grow, as the range of pedestrians killed per 100,000 residents:

• From 2015-2018: 1 in 100,000 residents
• In 2022, 2023, 2024: 2 in 100,000 residents

The Post Highlights Key Factors:

• Jonathan Adkins, Governors Highway Safety Association, is encouraged by added pedestrian infrastructure across the region.
• Sharon Kershbaum, director of the DC Department of Transportation, stated the vast majority of deaths last year — nearly 80 percent — “were tied to reckless and antisocial behavior” that is difficult to combat through engineering alone.
• While reviewing the data across Maryland, Virginia and DC, Post analysis found both structural and personal factors contributing to the spike in deaths, including poorly lit roads and more crashes involving alcohol. In fact, 73 pedestrians in Montgomery County, Prince George’s County and Northern Virginia were killed from 2022 to 2024 where dark roads were a contributing factor.
• In addition, as traffic enforcement has decreased since the pandemic, deaths have gone up. While DC invested heavily in automated traffic enforcement after the pandemic leading to 2 million speed-related infractions in 2024, many fewer tickets were issued by officers. The Post found in 2019, DC police officers issued more than 10,000 speed related citations, but between 2023 and 2024 the department issued just over 4,650.
• Law enforcement has also addressed concerns with hit-and-runs as Prince George’s County police investigated 13 fatal hit-and-runs involving pedestrians in 2024, up from 7 in 2023. Of the 15 fatal hit-and-run crashes in 2024 in D.C., not a single driver has been charged for any of these events.
• Maryland and Virginia lawmakers have proposed legislation to expand their speed cameras beyond work and school zones. Maryland and DC are looking at ways to sue out-of-state drivers for failure to pay automatic tickets issued by traffic cameras.

Small Changes in Speed Can Have Big Impacts

As people travel fast, the risk of death or serious injury rises dramatically. The diagram below shows that a pedestrian or bicyclist struck by a motorist driving 40 mph is EIGHT times more likely to die than a pedestrian or bicyclist struck at 20 mph.

While Laws Across the DMV Are Similar, They Are Not Identical

While Maryland, Virginia, and DC law generally prohibits people from recovering compensation after an accident if they contribute to their own injuries, DC has an exception when it comes to pedestrians and cyclists. In some cases, pedestrians and cyclists can still seek compensation even if they are partially to blame for a crash.

DC is a tourist destination. With visitors from across the globe, the city must strive to protect citizens and visitors alike. DC’s pedestrian laws govern a broad range of behavior. (PDF)

• All intersections are considered crosswalks, regardless of how they are marked. Pedestrians have the right of way in both marked and unmarked crosswalks and should always use crosswalks if available.
• Pedestrians must follow traffic signs if available and must walk on the sidewalk, facing oncoming traffic.
• DC Right of Way rules that at a pedestrian crossing with no signals, drivers must stop to yield to pedestrians and drivers must let them safely reach the other side before making their way across the crosswalk. On sidewalks, pedestrians have the complete right of way. Pedestrians also have the right of way over vehicles turning on a green light.
• However, pedestrians cannot cross an intersection diagonally unless it is authorized by traffic control signs. It is also against the law for pedestrians to suddenly enter the street if it causes a traffic hazard and pedestrians can get tickets for jaywalking. Be careful drivers, even if a pedestrian receives a jaywalking ticket, you may still be held liable in a civil case in court depending on the circumstances.

Under Virginia law, a pedestrian is considered anyone not operating a car, truck, motorcycle or any other motor vehicle, including bicyclists, skateboarders, and roller skates. Virginia law requires drivers to yield to pedestrians at all crosswalks when they are present, and pedestrians may not obstruct traffic or engage in behavior which would put them at risk of being hit by a motor vehicle. § 46.2-924

• At crosswalks, pedestrians are not allowed to walk outside of crosswalks and only have the right of way in marked crosswalks. Pedestrians must use the “walk” and “don’t walk” signs. Pedestrians in crosswalks have the right of way over all vehicles including those turning right on red.
• Virginia does follow contributory negligence laws which does mean that when assigning blame, even if a pedestrian is 1% at fault for the accident, they are not allowed to seek compensation for their injuries.
• Pedestrians should stay out of the way of oncoming traffic, be alert and cautious at intersection. Pedestrians may not enter or cross an intersection in disregard for approaching traffic.

In 2021, Maryland enacted the Maryland Vulnerable Road User law which has strong penalties aimed at protecting pedestrians with fines up to $2000 per violation, plus points for convicted violators. Maryland laws are similar to Virginia.

• At crosswalks, if a pedestrian is on the half of the roadway where the driver’s vehicle is traveling or is approaching the half of the roadway where the driver’s vehicle is traveling, drivers must come to a complete stop and other vehicles are not allowed to pass vehicles currently stopped to allow for pedestrians to pass.
• Pedestrians have the right of way to a turning vehicle in a crosswalk, but pedestrians must comply with the same red and green lights drivers do. Pedestrians must always use crosswalks and sidewalks when available and never cross an intersection diagonally.

Let’s All Get There Safely

Pedestrian safety affects young and old, drivers and walkers, during the day and at night. Everyone can be a pedestrian in some capacity at one point or another. Intoxication, ignorance, or inattentiveness by either or both motorists or pedestrians may can cause injuries and fatalities.

Slow down, pay attention, and always be alert for pedestrians and bicyclists.

Pedestrians and Drivers Share the Same Roads

If you were the victim of a pedestrian accident, there are some important things to do right away:

• Call the Police
• Seek Medical Assistance
• Take pictures of the scene, ask about witnesses (names and numbers)
• Document your injuries
• Do not discuss fault at the scene or with the other driver’s insurance company

Speak to an Experienced Pedestrian Law Attorney

You can protect your legal rights, experienced personal injury attorneys know how to get you fair compensation if you are injured in a pedestrian accident in Maryland, Virginia or the District of Columbia.

Get the facts. Get educated.

Gia Grimm and Bridget Cardinale will attend the Plaintiffs’ Law Association’s inaugural Plaintiffs’ Law Fair at Georgetown Law on March 18, 2025.

The informational fair will feature representatives from 15 plaintiffs’ firms and other mission-driven organizations who work across a variety of practice areas and represent plaintiffs in civil rights, employment, consumer protection, antitrust, whistleblower and securities matters. The informal event will provide students with the opportunity to learn more about public interest work in the private sector.

In an article published in The Washington Post on February 27, 2025, Jay Holland was quoted about the move to dismiss a federal civil rights case against the Maryland State Police (MSP). The dismissal was filed by the U.S. attorney’s office in Maryland at the request of the Justice Department. No reason was provided for the dismissal, nor was there an explanation of how Maryland should proceed.

The case at the heart of the dismissal accused the MSP of discriminating against Black and female trooper applicants. The matter was resolved months ago, when the state entered into a consent decree with the Justice Department, agreeing to a $2.75 million settlement and a host of changes. It’s unclear what will happen to the payments or other requirements of the consent decree now that federal prosecutors have moved to end the case.

The alleged discriminatory practices led a group of state troopers to file their own lawsuit against the MSP in U.S. District Court in Maryland. The lawsuit accuses the agency of denying promotions for officers of color, imposing harsher penalties on them compared with White officers and allowing a work environment that subjected them to racist comments. JGL principal Jay Holland represents the police officers in this case, which is ongoing. Holland weighed in on the dismissal of the federal civil rights case.

“It will not affect our case one iota. Whether this new administration has any interest in enforcing our country’s civil rights laws does not affect our interest in doing so for the state troopers who have been victims of illegal discrimination. We will continue to fight for the equal rights of our state troopers.”

Read the full article “Trump administration orders dismissal of Md. state police civil rights case.” (PDF)

JGL principal Veronica Nannis will present on a panel at the D.C. Bar’s March 18, 2025, remote program “Could My Client Be a Whistleblower? How to Identify Potential Whistleblower Clients and What to Do Next.” JGL associate Gia Grimm will moderate the event.

The event will be hosted by the bar association’s Labor & Employment Steering Committee. JGL principal Erika Jacobsen White is a member of the committee and helped develop the program.

During the event, panelists will share their expertise on identifying potential whistleblower clients and the subsequent steps to take. The program is designed to equip employment attorneys with the knowledge and tools needed to recognize whistleblower claims and navigate the complexities of such cases. Speakers will also provide practical guidance on key indicators that your employment client may have a whistleblower claim, the legal framework and protections available to whistleblowers, best practices for advising and representing whistleblower clients, and strategies for effectively litigating whistleblower cases. Attendees will gain valuable insights into the nuances of whistleblower law and learn how to advocate for their clients effectively.

Learn more and register for the remote program.