Maryland's LGTCA Notice Letter: The One-Year Trap in Claims Against Local Government
Hurt by a Maryland county or city employee? The Local Government Tort Claims Act requires written notice within one year: miss it and lose the claim.
Blog, page 5
Plain-English articles on the court decisions and rules that shape injury cases in D.C., Maryland, and Virginia.
Whiteru v. WMATA: Contributory Negligence Doesn't Excuse Metro's Failure to Aid a Fallen Passenger
The D.C. Circuit holds a passenger's own negligence is no defense when a common carrier like WMATA fails its duty to aid an injured rider.
The New Court of Appeals of Virginia Opens for Business: Every Civil Case Now Gets an Appeal
Effective January 1, 2022, every Virginia civil litigant has an appeal of right to an expanded Court of Appeals. What SB 1261 changes for injury cases.
Maryland's Damages Caps Heading into 2022, and a Year-End Checklist for Pending Claims
Maryland's noneconomic damages cap is $905,000 for claims arising after October 1, 2021. The current figures, how the cap dates work, and a year-end checklist.
Jury Trials Are Back in DC, But the Backlog Will Shape Injury Cases for Years
DC Superior Court jury trials resumed in 2021 after a year-long pandemic pause. What the backlog means for injury case timelines and settlements.
The "Seatbelt Defense" in Virginia: Why Your Non-Use Usually Can't Be Used Against You
Virginia law bars evidence of seatbelt non-use in injury cases. How Va. Code § 46.2-1094(D) works and why the defense can't mention it at trial.
No Dram Shop in Maryland: Kiriakos Five Years On, When Social Hosts Can Be Sued
Maryland has no dram shop liability, but Kiriakos v. Phillips lets families sue adults who allow underage drinking. Where the law stands five years on.
Sidewalk Snow in DC: What the Law Requires, and Who Pays When Someone Falls
DC property owners must clear sidewalk snow within 8 daylight hours. What the law requires, the fines, and when a fall creates civil liability.
Every Civil Case Gets an Appeal: Virginia's Historic Appellate Expansion
Virginia's SB 1261 gives every civil litigant an appeal of right to the Court of Appeals starting January 1, 2022: ending a national outlier.
Maryland's Police Accountability Act: Higher Damages Caps for Police-Misconduct Claims
Maryland repealed the police Bill of Rights and raised the LGTCA damages cap to $890,000 for police misconduct claims. What the 2021 reforms change.
Doe v. Baker: Virginia Churches Can Answer for a "Retired" Pastor's Abuse
The Supreme Court of Virginia revived claims against a church over abuse by a retired pastor who kept an active role: a key ruling for survivors.
Shoemaker v. Funkhouser: Virginia Landowners Can Be Liable for Backyard Gunfire
The Supreme Court of Virginia held landowners may be liable for letting guests shoot toward an occupied home, limiting recreational-use immunity.
DC's New Vulnerable User Law: E-Scooter and Motorcycle Riders Finally Escape the 1% Rule
D.C. Law 23-183, effective March 16, 2021, extends comparative-fault protection to e-scooter riders, motorcyclists, and other vulnerable road users.
Dooring and Bike Lanes: What Maryland Law Says When a Car Door Takes Down a Cyclist
Maryland law bans opening a car door into traffic unless it's reasonably safe. How dooring claims, the 3-foot rule, and contributory negligence work.
Virginia's Hand-Held Phone Ban Is Now in Effect: Does It Make Distracted Drivers Negligent Per Se?
Virginia's new hands-free law (§ 46.2-818.2) took effect January 1, 2021. What the ban covers and how it may prove negligence in crash cases.
Tough Year, Great Results - Over $6 million Recovered for Our Clients
Despite a year of closed courts and canceled trials, Posey Lebowitz recovered over $6 million for injured clients in 2020.
Jacob Lebowitz and Ryan Posey are SuperLawyers Again! and Again! and Again! ....
Jacob Lebowitz and Ryan Posey have again been named Washington, D.C. Super Lawyers.
2020 Year in Review: The Quiet Shifts in DMV Injury Law
Tolled deadlines, Daubert in Maryland, consumer protection in the operating room, and a hands-free Virginia: the 2020 changes DMV injury claimants should know.
Black Ice Season in Maryland: Snow, Ice, and Premises Liability
Maryland winter falls are governed by harsh doctrines, but black ice is different. What Poole v. Coakley & Williams means for snow and ice injury claims.
Telehealth and Malpractice in Virginia: New Way to See the Doctor, Same Standard of Care
Telehealth exploded in 2020, but Virginia's malpractice standards didn't change. What patients should know about video-visit care and their legal rights.