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…

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…

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…

Eccleston & Wolf Attorney Gregg Viola Presents to Independent Insurance Agents of Maryland, Inc. at its Annual Meeting

July 5, 2017

On June 16, 2017, Eccleston & Wolf attorney Gregg Viola presented to the Independent Insurance Agents of Maryland, Inc. at its annual meeting at Camden Yards.  The presentation centered on practice pointers to avoid pitfalls when using social media. Attorneys at Eccleston and Wolf regularly participate in speaking engagements and are frequently requested by individuals…

Eccleston and Wolf attorneys Steve Cornelius and Gregg Viola published an article in The Maryland Litigator regarding the failure to repay Medicare Part C liens, including recent trends from litigation across the country, potential exposure to settling insurers, attorneys and parties, and practice pointers for litigators to limit their exposure.

June 12, 2017

Repaying Medicare Advantage (Part C) liens – is anyone safe? By Stephen M. Cornelius and Gregg E. Viola Every litigator knows, or certainly should know, that it is imperative to timely repay Medicare liens after a case is resolved.  The law and procedures for identifying standard Medicare Parts A and B liens, appealing the amount…

Glenn Grossman, Esq., former Maryland Bar Counsel, joins Eccleston and Wolf to defend Attorney Grievance Commission (AGC) matters and provide ethical advice to Maryland lawyers.

March 31, 2017

Eccleston and Wolf is pleased to announce that former Maryland Bar Counsel, Glenn M. Grossman, recently joined the firm as an attorney.  As recently reported by The Daily Record, at Eccleston and Wolf, Mr. Grossman’s practice will be focused upon the defense of attorney grievance matters, analyzing attorney ethics matters and providing ethical advice, as…

Statute of Limitations: Inquiry Notice

February 28, 2017

In Windesheim v. Larocca, 443 Md. 312 (2015), the Court of Appeals discussed Maryland’s statute of limitations in detail, and reaffirmed its holding in Bank of New York v. Sheff, 382 Md. 235 (2004). In Windesheim, Borrowers filed a putative class action lawsuit against PNC Mortgage and PNC’s Loan Officer, Suzanne Windesheim, as well as…

Cautionary Notes with Unbundling Legal Services

February 28, 2017

Unbundled legal service is a method of legal service delivery that allows attorneys to (1) break down legal tasks of their clients and (2) provide limited representation only pertaining to a clearly defined portion of the client’s legal needs. Upon the completion of an attorney’s limited representation, the remainder of the client’s legal responsibilities is…