Author: JGL Law

In this episode of JGL LAW FOR YOU, family law attorneys David Bulitt and Chris Castellano dive deep into the world of Alternative Dispute Resolution (ADR), breaking down negotiation, mediation, settlement conferences, and arbitration. Discover why keeping control of your custody or divorce case—rather than handing it off to an overworked judge—might be the smartest move you make.

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 an honoree 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.

JGL President, Paul Riekhof, announced that Lacey McMullan has been elevated to Senior Counsel.

A zealous plaintiff’s advocate with a passion for social justice, Lacey is a seasoned attorney with extensive experience litigating civil rights cases in federal court, including lawsuits alleging police misconduct and violations of detainee/inmate rights under 42 U.S.C. Section 1983. She is also experienced in employment litigation including lawsuits fighting federal and state wage and hour violations, as well as age, race, and gender discrimination and hostile work environments. Additionally, Lacey also practices in False Claims Act whistleblower litigation, class actions and appellate practice.

Lacey received a J.D. from Vanderbilt University Law School and dual B.A./B.S. degree from the University of Florida.

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)

In this episode of JGL LAW FOR YOU, JGL attorneys David Bulitt, Drew LaFramboise and Veronica Nannis discuss the class action lawsuit filed against the Psychiatric Institute of Washington, which accuses the hospital of widespread patient mistreatment. They explore the details of the case, providing an in-depth look at the allegations and the legal proceedings. Tune in as they discuss the firm’s role in representing the plaintiff, the potential impact of the class action suit, and what actions patients or former patients of the facility should take now.

In an article published in the April issue of Washington Parent, Paul Riekhof discusses how parents can ensure their children are provided for in the event of an untimely death or incapacity.  

Riekhof explains the process of selecting guardians to take on the parental role for children if their parents pass away. Guardians will make the living arrangements as well as the health and education decisions for the children. A guardian will also help children manage any money they make through work, receive as an inheritance, or acquire from other means.

Diving into the financial aspect of estate planning, Riekhof explains that estate planning is crucial for parents to ensure their financial assets are managed and protected for the benefit of their children. He discusses the various types of trusts and the importance of creating the right trust to control asset distribution, including protecting against remarriage or creditors, and safeguarding the family’s future.

Riekhof notes that parents of young children should use trusts to ensure their assets are used responsibly until their children are old enough to manage them independently. He also discusses certain circumstances that might prompt a parent to take a different approach, such as wealth that raises concerns about generational estate taxation, children with incapacitating conditions, or concerns with how children are living their lives. Each of these situations may call for a different tactic.

Riekhof concludes by explaining that making a thoughtful and comprehensive estate plan is one of the greatest gifts parents can give to their children.

Read the full article “Estate Planning for Parents: What You Need to Do to Protect Your Family’s Future.” (PDF)