Succession Planning

February 1, 2018

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 More

Eccleston and Wolf Attorneys Selected for Inclusion in Maryland Super Lawyers Publication

January 2, 2018

Eccleston 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 More

Offers of Judgment after Campbell-Ewald v. Gomez and Fulton Dental LLC. v. Bisco Inc.

November 2, 2017

Federal 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 More

ABA Ethics Opinion Explains Attorney Duty to Protect Electronic Communications with Clients

October 25, 2017

In 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 More

Al Frederick presents program to the Harry A. Cole Judicial Council

September 21, 2017

On 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 More

In Thomas v. Omni Hotels Management Corporation, the U.S. District Court held, under Virginia law, that a customer injured on a hospitality provider’s premises must prove (1) that the owner had knowledge that a defect existed and (2) that the defect created an unsafe condition.

September 8, 2017

Thomas 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 More

In its unreported opinion in Johnson v. University of Maryland Medical System Corporation, the Court of Special Appeals of Maryland declined to extend the “corporate negligence” doctrine to parent or grandparent corporations in a medical malpractice setting.

August 31, 2017

Johnson 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 More

Fourth Circuit Clarifies Standard of Proof for Employment Claims Under the ADA

August 18, 2017

Gentry 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 More

Limited Circumstances for Wrongful Discharge Claims in Virginia

August 7, 2017

On 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 More

Attorney Richard Berwanger Discusses Legal Ethics with the Frederick and Harford County Bars

July 19, 2017

On 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…

Read More