Every bar association has repeatedly encouraged attorneys to plan for the cessation of their practice caused by their death or disability. All too often, this advice is ignored. While certainly such neglect can be a source of concern and conflict for an attorney’s survivors, the most deleterious, even catastrophic, effects are on the attorney’s clients.…
Read MoreEccleston and Wolf is proud to announce that eleven of its attorneys were selected for inclusion in the 2018 edition of the Maryland Super Lawyers Magazine. Seven principals were selected in the primary practice area of Professional Liability Defense, including Al Frederick, Ed Hutchins, Gregg Viola, John VanderWoude, Shirlie Lake, James Dickerman and Jeff Bredeck. …
Read MoreFederal Rule of Civil Procedure 68, Offers of Judgment, is a procedural mechanism that is used by defense counsel to resolve cases and avoid litigation. The purpose of the Rule is to encourage settlements. Rule 68 permits a defendant to serve the plaintiff with an offer of judgment up to 14 days before trial. See…
Read MoreIn May 2017, the ABA Standing Committee on Ethics and Professional Responsibility released an opinion providing guidelines that practicing attorneys should follow to ensure that communications with their clients are protected, and not subject to cybersecurity breaches. The opinion states that attorneys must make “reasonable efforts” to ensure their client communications are secure. See ABA…
Read MoreOn September 19, 2017, Al spoke to the Harry A. Cole Judicial Council with regard to the Commission on Judicial Disabilities and the manner in which a Judge could consider responding. Attorneys at Eccleston and Wolf regularly participate in speaking engagements and are frequently requested by individuals and groups, including insurers and professional and trade…
Read MoreThomas v. Omni Hotels Management Corporation, ___ F. Supp. 3d ___, No. 5:15-cv-00086, 2017 WL 913814 (W.D. Va. March 7, 2017) On March 7, 2017, the United States District Court for the Western District of Virginia issued its opinion in Thomas v. Omni Hotels Management Corporation. In Thomas, the Court applied Virginia law and held…
Read MoreJohnson v. Univ. of Md. Med. Sys. Corp., 2017 WL 1057447 (Md. Ct. Spec. App. March 21, 2017) (Unreported) On March 21, 2017, the Maryland Court of Special Appeals issued its unreported opinion in Johnson v. University of Maryland Medical System Corporation. In Johnson, the Court declined to extend the “corporate negligence” doctrine to parent…
Read MoreGentry v. East West Partners Club Management Co. Inc., 816 F.3d 228 (4th Cir. 2016) On March 4, 2016, the United States Court of Appeals for the Fourth Circuit issued its opinion in Gentry v. East West Partners Club Management Co. Inc., 816 F.3d 228 (2016). In Gentry, the Fourth Circuit rejected the argument that…
Read MoreOn February 23, 2017, the Supreme Court of Virginia issued its opinion in Francis v. National Accrediting Commission of Career Arts & Sciences, 293 Va. 167 (2017). In Francis, the Court relied on its earlier decision in Bowman v. State Bank of Keedysville, 229 Va. 534 (1985), which established a public policy exception to Virginia’s…
Read MoreOn May 31, 2017, Eccleston & Wolf attorney Richard Berwanger, along with insurance representatives, gave a presentation to several members of the Frederick County Bar regarding ethical issues that attorneys frequently encounter in their daily practice. The topics addressed during the presentation included conflicts of interest, scams directed to attorneys, scope of representation, and defensive…
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