Author: JGL Law

With the recent nomination of Judge Brett Kavanaugh to the Supreme Court, many in the legal and business world are wondering if his appointment will be helpful or harmful to employers. In a recent article, Joseph Greenwald & Laake principal Brian Markovitz shared his perspective with Benefits Pro.

On July 9, Brett Kavanaugh was nominated by President Donald Trump. In his career as judge, Kavanaugh has shown his support for employer interests over those of workers and those protecting employee rights. For example, he dissented in a 2010 ruling that SeaWorld failed to adequately protect its employees from the potential risks of contact between trainers and killer whales. Specifically, in his dissent, Kavanaugh pointed to a large list of sporting professions that carry potential hazards, stating that American spectators “enjoy watching these amazing feats of competition and daring, and they pay a lot to do so.”

Markovitz agreed that Kavanaugh’s confirmation would likely push the Supreme Court to be a wholly pro-business court, protecting the employers over employees. He predicted that Kavanaugh’s arrival at the Supreme Court would continue a trend of 5-4 rulings.

“That’s the real travesty of this situation,” Markovitz said. “There was one point in time where the court . . . based decisions on judicial scholarship and thought. Now, it’s almost full politics.”

To read the full article, click on the National Law Journal logo below. 

Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.

To read the full article, click on the Benefits Pro logo below. 

Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups, and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.

 

On July 19^th, Jerry Miller hosted the “Legal One-on-One Business Clinic” at the Bowie Business Innovation Center (BIC) at Bowie State University. This informative event was held for local entrepreneurs who sought the opportunity to discuss legal questions related to their business. The clinic was made available to Bowie BIC clients and entrepreneurs and included free 45-minute appointments with Jerry.

Jerry is a principal in Joseph, Greenwald & Laake’s Business Services Group, and has nearly 30 years of experience in helping clients large and small tackle the legal challenges of owning and operating a business.

Medical malpractice cases are frightening, to say the least.

A study by Johns Hopkins University found that over 250,000 patients die annually from medical error, placing medical malpractice as the third leading cause of death behind heart disease and cancer. That’s 10 percent of all annual deaths in the United States.

These deaths can occur due to many factors: disregard of proper safety measures, uncoordinated health care, varied practice patterns, and more. It is an unfortunately common institutional problem, ultimately caused by a breach of patient care. That’s why it’s so important to know the common types of medical malpractice, so that you’ll know if you’ve been affected.

Misdiagnoses make up a large number of medical malpractice claims. If a condition is left misdiagnosed – or undiagnosed – a patient could run the risk of serious damage, or even death. In these types of cases, it is important to show that the accused doctor handled the patient’s case wrong by showing that someone else would not have made the same error.

These types of cases can lead to prescription errors, another form of medical malpractice. If a doctor prescribes an inappropriate drug and dosage, or misses a harmful drug interaction, the patient may have a basis for a medical malpractice claim. In a similar way, anesthesia errors – less frequent, but very dangerous – can cause serious harm or death. In these cases, a doctor may have given too much anesthesia, used poor equipment, improperly inserted a tracheal tube, and more.

Patients also run the risk of error during surgery and childbirth. Some surgery errors may include operating on the wrong part of the body, puncturing a blood vessel or an organ, or not removing surgical equipment from inside the body. Surgery errors can also take place during postoperative care, if healthcare staff give inappropriate medications or use improper procedures that could cause the patient to heal poorly.

In pregnancy and childbirth malpractice, negligent medical treatment can harm the mother and the fetus during pregnancy. Some of these errors can include failure to diagnose medical conditions, failure to diagnose a contagious disease, or failure to notice potential birth defects in the fetus. During childbirth, errors such as ignoring birth complications, leaving the umbilical cord tangled around the baby, or inappropriate use of tools like a vacuum extractor or forceps can provide the basis for a medical malpractice claim.

If you think that you are the victim of medical malpractice, do not hesitate to contact an attorney. They can help you thoroughly review what happened by inspecting medical records, taking interviews, and more.

On July 9^th, the U.S. Court of Appeals for the Tenth Circuit ruled that medical judgment can no longer be used at the summary judgment stage as a defense in a false claims action against a health-care provider that allegedly billed for medically unnecessary treatments. JGL principal Brian Markovitz provided his thoughts regarding this ruling to Bloomberg BNA in a recent article.

Markovitz, who represents whistleblowers, told Bloomberg Law he thought the court wrote a good common sense opinion and did a good job of describing a false claim.

“Just leaving it up to somebody’s judgment is a bad idea,” he said. “First of all, it lets people lie and insulates them from inappropriate and bad behavior, he added. “They could always claim medical judgment,” Markovitz told Bloomberg Law.

He said a bright line rule that allowed medical necessity as a defense could “lead to all sorts of ills” is a stark warning to providers that they must take their compliance obligations seriously. That includes making sure their doctors are performing medical procedures that are truly necessary, based in part on an assessment of whether they are doing so in a way that is on par with their peers.

To read the full article, please click on the Bloomberg logo below.

Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups, and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.

 

On Tuesday July 17^th, Prince George’s County Economic Development Corporation’s Innovation Station hosted an informative event for businesses going through transition. Called “Planning Your Exit Strategy,” this free event featured special guest speaker Robert Sammis, President and CEO of Business Transition Advisors. JGL was pleased to attend the event and work with Robert Sammis to assist business owners understand succession and exit strategy planning. Robert’s seminar addressed the necessity of planning succession early in the business process as well as share best practices and valuable tips that will help attendants when its time to retire or step down from their company.

The seminar occurred as part of a series of events proposed by the Prince George’s County Economic Development Corporation (EDC). As part of its commitment to serving the greater community, JGL works hand-in-hand with groups like the EDC and individual community members like Robert Sammis to provide high-quality legal counsel.

Judge Brett Kavanaugh’s recent nomination to the Supreme Court has brought to light his track record of voting in favor of business interests, leaving many worker advocates worried about a potential confirmation. Erin Mulvaney of Law.com reached out to the legal community for their thoughts, questions and predictions of the Supreme Court should Kavanaugh be appointed to the court. Joseph Greenwald & Laake principal Brian Markovitz was included in this conversation.

If given the opportunity to ask Kavanaugh a question during his confirmation hearing, Markovitz said an important question would be whether the Civil Rights Act of 1964 was a proper exercise of the commerce clause, because it was “a controversial decision.” “They were trying to end discrimination but there were roadblocks from private companies to get them to do it,” Markovitz said. “From reading his opinion, he seems to want to bring us back to the 1950s.”

Markovitz also predicted that Kavanaugh’s confirmation would likely push the Supreme Court to being an even more political, wholly pro-business court, protecting the employers over employees. He predicted that Kavanaugh’s arrival at the Supreme Court would continue a trend of 5-4 rulings.

“That’s the real travesty of this situation,” Markovitz said. “There was one point in time where the court . . . based decisions on judicial scholarship and thought. Now, it’s almost full politics.”

To read the full article, click on the law.com logo below. 

Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups, and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.

 

While Judge Brett Kavanaugh’s recent nomination to the Supreme Court has pleased advocates for business interests, advocates for employees have worried that he will damage crucial workers’ rights. Joseph Greenwald & Laake principal Brian Markovitz spoke to Erin Mulvaney of the National Law Journal regarding the risk to employees following Kavanaugh’s potential confirmation.

Kavanaugh, nominated by President Donald Trump on July 9, has demonstrated in past opinions his support for employer interests over those of workers and those protecting employee rights. For example, he dissented in a 2010 ruling that SeaWorld failed to adequately protect its employees from the potential risks of contact between trainers and killer whales.

In his dissent, Kavanaugh pointed to a large list of sporting professions that carry potential hazards, stating that American spectators “enjoy watching these amazing feats of competition and daring, and they pay a lot to do so.” He said that the Labor Department is not the proper body to make decisions regarding safety precautions, and that the majority decision could allow OSHA to regulate sporting events such as NFL games and Nascar races.

Markovitz agreed that Kavanaugh’s confirmation would likely push the Supreme Court to be a wholly pro-business court, protecting the employers over employees. He predicted that Kavanaugh’s arrival at the Supreme Court would continue a trend of 5-4 rulings.

“That’s the real travesty of this situation,” Markovitz said. “There was one point in time where the court . . . based decisions on judicial scholarship and thought. Now, it’s almost full politics.”

To read the full article, click on the National Law Journal logo below. 

Brian Markovitz is a principal in JGL’s Labor and Employment and Civil Litigation practice groups and focuses on helping victims who have suffered severe injustices in the workplace. He represents individuals in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis on race, gender, age and sexual orientation.

 

Joseph, Greenwald & Laake attorney Megan Benevento has been honored by The Daily Record with placement on their 2018 Very Important Professional (VIP) Successful by 40 list. Each year this prestigious list honors Maryland’s leaders under 40 years old who have shown outstanding commitment both to their chosen professions and enacting change in their communities.

“This is a big deal for the entire Joseph Greenwald & Laake family,” said Burt Kahn, the firm’s managing director. “We are all proud of Megan for earning such an esteemed award from Maryland’s leading source for legal news. It is truly a testament to her dedicated advocacy and her devotion to protecting the rights of her clients.”

Megan is a civil litigation lawyer and dedicated advocate with deep experience in protecting and enforcing the rights of children, parents, and other individuals who have been injured or had their rights violated by another person or entity. She handles a broad range of civil rights and general litigation matters before state and federal courts throughout Maryland and the Washington, DC area, including police brutality, child abuse, domestic abuse, First Amendment violations, legislative disputes, significant personal injury, commercial disputes, malpractice, and class action fraud litigation.

Megan helps her clients utilize the court system as an agent for social change to vindicate their rights and redress their injuries. In addition to her work in the courtroom, Megan has helped children in the foster care system and worked to improve the overburdened child welfare system.

Megan has also served on the front lines of many interventions and investigations involving severe child abuse and neglect, and testified in support of two bills in the Maryland state legislature during the 2018 legislative session: HB 1072 and 1571, which would assist in the prevention of child abuse within the school system. Megan is managing multiple sexual alleged misconduct cases against the Harbour School, a Baltimore County school that serves over 150 students with special needs. She is also on among the Joseph Greenwald & Laake attorneys who are litigating cases on behalf of students who were sexually abused by school staff members in both Prince George’s County and Charles County.

Megan will be honored along with her fellow VIP honorees at an Awards Celebration at Gertrude’s restaurant in Baltimore on September 13. The celebration will consist of a reception, networking opportunities, dinner and dessert.

Congratulations, Megan on this wonderful professional and personal achievement!

For the full list click the image below.

Joseph, Greenwald & Laake principal Brian Markovitz has recently contributed to Bloomberg BNA’s article “Mass Shooting Attacks: Protecting the Workplace” by providing his legal perspective of how employers can protect themselves against active shooter situations and threats. The article discusses all aspects of protection and prevention: from the different types of screenings that businesses can conduct to reviewing safety drills. Additionally, Markovitz talked about how to manage employees who may become violent.

‘‘You can go through somebody’s background check and pick up domestic violence or criminal activity. Basic Google searches can help if the person is putting up crazy stuff on a Facebook page. But often, you just can’t tell, and that is one of the consequences of allowing individuals to have easy access to weapons,’’ stated Markovitz.

Physical preparation is key Markovitz also noted. ‘‘Safe rooms’’ can be easy and economical to construct by drilling out the floors under doors to install doorjambs, as his firm has done. ‘‘In mass shootings, the shooters, after targeting certain people, if they encounter a door that is jammed, they will just move on,’’ he said. Depending on budget, companies also can install ‘‘slides like people use to escape from airplanes’’ and windows that can be kicked out if escape is necessary. Simplest of all, the front-desk person should have a panic button to call the police, he said.

The way the firing is handled can mean a lot and have an impact on an employee. ‘‘Always terminate on Friday after work hours, or at the end of the day, when there are not a lot of people there, so the employee is not humiliated—so you don’t have to do the ‘walk of shame,’ ’’ Markovitz suggested. ‘‘Don’t give reasons, and don’t get into an argument.’’

Given the increase in active shooter scenarios over the last few years, Brian’s advice should prove helpful to business owners concerned with their workers’ safety. Brian is a principal in JGL’s Labor and Employment and Civil Litigation practice groups. He primarily works on helping those who have suffered workplace injustices. For his work, Brian has been recognized as one of the nation’s top 100 trial lawyers.

To read the article, please click on the Bloomberg BNA logo below.

Reproduced with permission.  Published June 28, 2018. Copyright 2018 by The Bureau of National Affairs, Inc. (800-372-1033)http://www.bna.com.

Joseph, Greenwald & Laake principal Jay Holland was recently quoted in a Law360 article covering the Fair Labor Standards Act (FLSA) and how it affects modern labor relations. Many business leaders and attorneys who represent workers, including Holland, agree that the FLSA needs significant revision to be effective in the 21^st century.

Holland began the discussion with highlighting the need to raise the federal minimum wage. While individual states and localities have raised the minimum wage above the federally mandated $7.25 since its enactment in 2009, many workers are still forced to live at or near the poverty line.  Jay said that “the federal minimum wage is falling behind the eight-ball” and argued that “a higher minimum wage…would lift all boats.”

The article continues with discussing the need to clearly differentiate the difference between an employee and a contractor as well as boosting the enforcement of employee rights. To read the full article, please click on the Law360 logo below.

Jay Holland is a principal in JGL’s Civil Litigation Group and the chair of the Labor, Employment, and Qui Tam Whistleblower practice. He was rated as a Super Lawyer by Thomson Reuters in 2018 for his exemplary work in several high-profile labor law cases. Known for forging tight bonds with his clients, Jay proudly displays a customized plaque from a former client in his office that reads: “The Best Lawyer a Client Could Ever Have.”

Only 5% of attorneys receive this distinction each year. Burt Kahn is the firm’s managing director and a trial lawyer with deep experience in helping victims and their families obtain justice in complex medical malpractice matters and other avoidable accidents that result in life-changing injuries or wrongful death. 

For more about Burt, click the image below. 

The Daily Record recently conducted an interview with Joseph, Greenwald & Laake principal Brian Markovitz about the growing opioid epidemic as it relates to employers and employees. The article titled “Employers Must Be Aware of Drug Abuse” discusses employer-employee relations in the context of the opioid epidemic and what employers should consider if they have an employee who is struggling with drug addiction.

Brian shares “If you have anyone abusing drugs, you fire them. If they are currently abusing drugs, you can’t have someone working there. You just don’t know what they will do,” However, he pointed out that rehabilitated drug addicts are protected under the Americans With Disabilities Act (ADA) and that they cannot legally be fired on the grounds that they are in recovery. The issue of how long someone needs to be off drugs in order to receive protection as “rehabilitated,” he said, has not been fully decided by the courts and must be addressed on a case-by-case basis, and employers need to keep possible liability issues in mind.

To read the article in its entirety, please click on The Daily Record logo below.

Brian is a principal in Joseph, Greenwald & Laake’s Labor and Employment and Civil Litigation practice groups. He focuses on helping victims who have suffered severe injustice in the workplace. He represents individuals throughout Maryland, the Washington DC area and across the country in complex employment litigation and appellate matters involving wrongful termination, retaliation by employers in response to reporting fraud or misconduct and discrimination on the basis of race, gender, age and sexual orientation.