The Applicability of the Economic Loss Doctrine in Claims Against Design Professionals

April 5, 2018

In many cases the Economic Loss Doctrine (“ELD”) can be utilized to restrict the types of claims that can be asserted against a design professional.  Traditionally, the ELD prohibits a cause of action in tort for purely economic losses in the absence of contractual privity, physical injury to person or property, or the risk of…

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.…

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. …

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…

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…

Al Frederick speaks to Frederick County Bar Association

October 5, 2017

On October 2, 2017, Al Frederick was the luncheon speaker at the Frederick County Bar Association, where he spoke about Social Media and advertising. Attorneys at Eccleston and Wolf regularly participate in speaking engagements and are frequently requested by individuals and groups, including insurers and professional and trade associations, for speaking engagements on a wide…

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…

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…

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…

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…