Joseph Greenwald & Laake Blog

Posted on Thu, 2016-08-11 13:19 by Matthew J. Focht in

The era of autonomous (aka “driverless”) vehicles has arrived and with it will come unprecedented changes in tort and insurance law. 

Posted on Thu, 2016-08-04 14:44 by Jay P. Holland in

 

 

 

 

 

 

Jay P. Holland, a principal in the Firm’s Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice, was quoted on July 25, 2016, in an article in Law360 concerning the National Basketball Association’s decision to relocate its 2017 All-Star game out of Charlotte, N.C. The NBA took that action in opposition to the state’s new law that restricts transgender people from using the bathroom of their choice.

Posted on Tue, 2016-08-02 21:42 by David Bulitt in

In most contested matters, mediation should be considered as an option in resolving even the most complicated divorces. Mediation is generally less emotionally wrenching for the people involved than a trial, can be substantially less expensive, and helps to keep family secrets out of the public eye when it may be important to do so. When a divorce case reaches the courtroom, the future of the entire family, not just the parents, is at stake.  Mediation allows people to resolve issues amongst themselves, not leave those decisions to a stranger - decisions that are likely to affect the lives of the entire family for much if not all of their lives.  Whether the issues be financial or parental, there can be serious risks involved in letting a judge decide the ownership of high-valued family assets or parents’ child custody and visitation rights.

Posted on Mon, 2016-08-01 20:55 by Andrew E. Greenwald in

 

Handling vacuum extraction cases requires an understanding of the use of the instrument and the consequences of its misuse.  After discussing the warnings to physicians and midwives, the American College of Obstetrics and Gynecology and other literature, practical information and suggestions, including deposition excerpts, for representing those who may be injured will follow.

 

Posted on Thu, 2016-07-14 13:39 by Rama Taib-Lopez in

This is Part II of a 2-part series on common issues and challenges military servicemembers and their spouses face during a divorce.  Click here to read Part I on jurisdiction, the Servicemembers Civil Relief Act, and calculating military income for spousal or child support issues.

Part II

  1. Will Military Retirement Pay be Divided, and if so, how?

One of the biggest issues you can encounter is the division of your or your spouse’s military retirement pay.  The Uniformed Services Former Spouses' Protection Act (USFSPA) governs military retirement pay and provides the state courts the authority to divide a servicemember’s military retirement pay in a divorce.   

Posted on Thu, 2016-07-14 10:17 by Andrew E. Greenwald in

Andrew Greenwald's 2 Part Blog Series "Vacuum Extration Dangers and Consequences" begins here.

Part 1 Of Blog Series: Vacuum Delivery Warnings & Possible Consequences

Handling vacuum extraction cases requires an understanding of the use of the instrument and the consequences of its misuse.  After discussing the warnings to physicians and midwives, the American College of Obstetrics and Gynecology and other literature, practical information and suggestions, including deposition excerpts, for representing those who may be injured will follow.

Posted on Tue, 2016-07-12 20:39 by Timothy F. Maloney in

On July 5, 2016, partner Timothy F. Maloney won a major victory in the Maryland Court of Appeals, when the state’s highest court ruled unanimously that adults who serve alcohol to minors in Maryland can be held civilly liable for deaths or injuries that result from the minors’ driving in a drunken or impaired condition.

This was the first time that the court had held adults responsible to third parties who were killed or injured as a result of the actions of impaired underage drivers.

Posted on Thu, 2016-06-16 14:15 by Matthew J. Focht in Personal Injury

In a recent case out of the Superior Court of Connecticut, Judicial District of Fairfield, a personal injury plaintiff argued that the fact that he “is an undocumented immigrant, resident or worker, does not bar him from recovering lost earnings, whether past or future; nor is it relevant to establishing an appropriate amount of damages.[1]”  In ruling on a motion in limine on the issue, the Court found that:

the defendant may use the terms [“undocumented worker,” “undocumented alien,” and “illegal alien”] when referring to the plaintiff in the event the plaintiff pursues an award for back pay or future lost wages, [subject to certain limitations], and may use these terms to describe witnesses who testify in the plaintiff’s behalf regarding the subject of the plaintiff’s rate of wages, hourly work week and methods of the payment of any such wages[.]  If such undocumented workers testify only to the facts surrounding the issue of liability and injuries, their undocumented status may not be the subject of any inquiry by the defendant.  If the plaintiff determines he will not be seeking lost wages, both past and future, his undocumented status is not relevant and may not be the subject of inquiry by the defendant.[2]

The Court in Guamamtario went on to hold that the defense would be not be barred from introducing any “evidence, argument, suggestion or inquiry regarding the plaintiff’s  immigrant or residency status and that the plaintiff may be deported or may have a desire or intentions, if any to return to Equador.  However, should the defendant present no evidence the plaintiff’s deportation is imminent or probable, or that the plaintiff intends to return to Equador, the defendant is barred from presenting argument, suggestion or inquiry regarding possible deportation or the possibility that the plaintiff could return to Equador.[3]

Posted on Thu, 2016-06-16 12:50 by Eleanor A. Hunt in Family Law, Estate Planning, Trusts Estates

Eleanor Hunt, senior counsel at the Firm, recently discussed wills, trusts, and related estate-planning topics on “Your Future Your Finances,” a television show that aired in Montgomery County, Md., on MMC Channel 16.

Hunt, who represents clients in the areas of family law and estate planning, told the show’s moderator, Brian Kuhn, that a basic estate plan for most individuals consists of three documents – a will, a financial power of attorney, and an advance medical directive.

Hunt noted that although these documents are very important for people to have, a surprisingly large number of people fail to have them prepared. She pointed to the recent passing of Prince, who died without a will, as an example of a celebrity who did not take care of these key matters.

Posted on Thu, 2016-05-26 13:37 by Jay P. Holland in False Claims Act

Jeffrey Mills was the Director of Food and Nutritional Services for the District of Columbia Public Schools (DCPS) from 2010 to 2013.  DCPS used Chartwells, a contractor, to provide its food and food services for students in DCPS.   Mills saw enormous problems with Chartwells, including overbilling and, even worse, providing spoiled food to students.  His complaints to DCPS officials were ignored.  And when DCPS terminated his employment, he alleged that he was terminated in retaliation for blowing the whistle on Chartwells. Mills sued not only for retaliation but also for fraud against the D.C. government, under the qui tam provisions of the District of Columbia False Claims Act.   D.C. Code Ann § 2-381.03. Chartwells settled with Mills for $450,000.00 for his retaliation claim, and settled with D.C. for $19,000,000.00, 30% of which could go to Mills, and the rest to D.C. to compensate it for the overbilling and spoiled food.  https://www.washingtonpost.com/local/education/dc-schools-food-vendor-pays-19-million-to-settle-whistleblower-lawsuit/2015/06/05/bae8dd3c-0b96-11e5-9e39-0db921c47b93_story.html.  

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