JGL Partner, Reza Golesorkhi, is featured in Modern Luxury Magazine‘s Modern Man Spotlight.
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JGL Attorneys Veronica Nannis and Timothy Maloney were quoted in the latest Law360 article “Marriott Can’t Use Class Waiver To Block Cert. In Breach Row.”
A Maryland federal judge reinstated certification for several classes of consumers in a lawsuit against Marriott and its information technology provider over a massive data breach in 2018. The breach affected around 133 million Starwood guests in the U.S. The judge found Marriott’s response to the litigation inconsistent with its argument that guests had agreed to pursue claims individually. The decision overturned a Fourth Circuit ruling that vacated the certification order, citing a “choice of law and venue” clause in a guest rewards contract. The judge concluded that Marriott had waived the clause and that it was ineffective to override the court’s discretion to certify a class. The dispute is part of a larger data breach class action involving millions of consumers. Marriott plans to seek leave to appeal the ruling.
JGL Senior Counsel Christopher Castellano was featured in Washington Parent with his article entitled “Navigating the Holidays as a Separated or Newly Divorced Parent: A Survivor Guide.” This article was featured in their December edition.
Family law specialist David Bulitt was praised as the lawyer who “epitomizes stability and old-fashioned common sense” by Bethesda Magazine. David was recognized and listed under The Best of Potomac Readers’ Choice Winners as “Best Family Attorney,” as seen on page 32.
He is routinely listed among Washington DC’s top family law attorneys and was honored by Maryland’s Daily Record as a “Leader in the Law” for his work in the area of Alternate Dispute Resolution, earlier this year.
The law is ever-evolving. October 1, 2023 changes to Maryland’s intestacy laws have significant consequences for separated, but not yet divorced, spouses who don’t have a Last Will & Testament. If you don’t have a Will, read on about why you need one.
Intestacy laws dictate how an estate is distributed when a person passes away without a valid Will. This is especially important for separated, but not yet divorced spouses who don’t have a Last Will & Testament. This blog underscores the importance of having a valid Will and the consequences of failing to do so.
The Old Law: A Split Between Spouse and Heirs
Under the previous intestacy law, the estate was divided in a way that aimed to strike a balance between the surviving spouse and heirs, whether minor children, adult children, or surviving parents if no children. In most instances, the surviving spouse receive $40,000 plus half of the remainder, while the other half would be allocated to the heirs. This approach recognized the importance of both the spouse and children or surviving parents in the decedent’s life.
The New Law: More for the Surviving Spouse
In an important departure from the old law, the new grants the surviving spouse 100% of the estate when 1) all surviving children in common are adults; or, 2) when the couple had no children and the deceased had surviving parents. Additionally, the $40,000 surviving spouse share increased to $100,000 when there are surviving adult children of the decedent who are not also the children of the surviving spouse. These changes prioritize the surviving spouse’s financial well-being in such circumstances.
Implications of the Change
These changes raise the stakes for individuals who are separated (but not yet divorced) from their spouse and have no estate plan. Especially when there are adult children or no children and surviving parents. It is now more critical to have a valid estate plan in place during a couple’s separation.
Why Avoid Intestacy
Intestacy laws may not align with an individual’s wishes or their family’s best interests. To avoid intestacy, it is imperative to draft a Will and estate plan that outlines how you want your assets distributed. Here are a few key reasons to avoid intestacy:
1. Control and Clarity: Having a Will allows individuals to have a say over how their estate is distributed. It offers clarity and peace of mind about having their wishes followed.
2. Protecting Family Dynamics: By creating a Will, clients can address specific family dynamics and ensure that their assets are divided in a way that best suits their unique situation.
3. Reducing Stress and Disputes: Intestacy can lead to disputes and confusion among family members, adding unnecessary stress during an already difficult time. An estate plan can help prevent these conflicts.
4. Ensuring Financial Security: Creating a Will is a responsible step to ensure that loved ones are financially secure after an individual’s passing. This is especially vital when there are adult children involved.
In conclusion, the recent changes to intestacy law emphasize the importance of having a valid Will, particularly for those who are separated from their spouse and have adult children. Don’t leave your legacy to chance; take control with a well-drafted Will and estate plan.
“Come Fly with Me”, circa 1958, is a classic song by Frank Sinatra, that could never have incorporated or imagined the events and circumstances that our flight attendants and air travel personnel deal with on a day-to-day basis in 2023.
The headlines tell us of incidents causing injuries to travelers, but in the background lies all the trauma suffered by the tremendous workforce that enables us to fly.
Most recent was a turbulent event aboard a Delta international flight, reported September 22, 2023, where both passengers and flight attendants were injured. Aside from natural disasters and unforeseen events, passengers have become unruly to staff, at the expense of the safety to the attendants.
On November 13, 2022, a United flight from San Francisco to Chicago on United had disruptive passengers cause three people to seek medical care upon landing. Overstuffed personal baggage, now more common to avoid checking bags that are frequently delayed or lost, are causing back and shoulder injuries to flight attendants. The staff is under pressure to get the flight ready for take off and must do whatever is necessary to get the baggage stowed away.
All of us have seen the videos captured by personal phones when drunk passengers become unruly, and it is the attendant who must intervene, and ultimately sustain injury. Their primary role is safety followed by hospitality, not to be forced as security guards between passengers.
In addition to the in-flight injuries, the entire workforce involved in airport operations, is also experiencing more danger, and more trauma, and even death at work. Back in 2014, an outside worker died after being injured by a paving vehicle at BWI Thurgood Marshall. Inhalation of gas fumes left on the tarmac can leave workers with serious lung injuries. Air traffic controllers, long known to be under extreme stress, are now being evaluated for sleep disorders and stress related conditions. During the pandemic, my services were sought out by flight attendants for their legal rights for covid related claims.
There are a myriad of claims that can be brought under the workers compensation statute for injuries sustained in Maryland within the airline industry. Furthermore, in Maryland, unlike some areas of the DMV, even when filing workers’ compensation, if the injury is caused by the negligence of a co-worker for the same incident, one can sue the co-worker and the coverage is provided by the employer.
The difference is that, in a lawsuit, one can ask for pain and suffering, which cannot be granted in a in a workers’ compensation case. Of course, the workers’ compensation carrier will still have a lien on any third-party recovery, even if it is the same carrier as the liability claim.
The classic tort claim still applies if some one who filed workers’ compensation is injured by someone else, not employed within the employer’s company. Examples are assault, or an accident caused by a different contractor while the person was on duty working at the airport.
There are many other classifications of workers who are at risk and able to file claims, once causation is met, such as pilots, security staff, gate attendants, ticketing agents, baggage handlers, ground crew, and skycaps.
I sincerely believe that claims are often unreported merely because the injured worker did not realize that they had a viable claim. For example, a flight attendant may not understand whether he or she was “on the clock” at the time of injury. It all depends on the law of the state that has jurisdiction. In Maryland, one of my favorite cases, that I call the Bubble Bath case, argued for the claimant by my dear friend and great attorney, John Noble, held that a traveling salesperson could indeed file a claim for injuries sustained by slipping in the bathtub at the hotel she was forced to stay for her sales job. The same might apply to a flight attendant who was on duty until he or she was flown back to his or her home base.
Those in the airline industry should consult an attorney if they believe an injury or condition might be compensable. It might be just a slip and fall that caused the injury, but other hazards can be covered. We have seen concussions, repetitive trauma to shoulders, hearing loss for noise exposure, burn and inhalation injuries, as well as toxic chemical exposure often left unfiled.
A former top attorney for the US Labor Department is suing the agency for discrimination and retaliation, alleging a toxic workplace culture for Black attorneys.
Former Regional Solicitor, Oscar Hampton III, is being represented by attorneys Jay P. Holland and Michal Shinnar. This case is covered in the Bloomberg article “Former Regional Solicitor Alleges Black Lawyers Face Bias at DOL.”
A Black former attorney at the U.S. Department of Labor has sued the department claiming he was fired in retaliation for repeatedly complaining about widespread race discrimination against attorneys there.
This attorney, Oscar Hampton III, is being represented by JGL attorneys Jay P. Holland and Michal Shinnar. The article “US Labor Department sued for firing Black lawyer over race bias complaints” was featured on Reuters website.
On the latest episode of Brief Encounters hosted by the DC Bar, Darin Rumer, family law partner at JGL addresses what types of #familylaw matters are most appropriately resolved through litigation.
Law360 featured an article entitled “Ex-DOL Atty Lobs Race Bias, Retaliation Claims at Agency,” this case covers Oscar L. Hampton III’s complaints against the U.S. Department of Labor saying he has experienced racial discrimination and retaliation throughout his career with the agency, including “harassing and discriminatory conduct” from white attorneys he supervised.
Michal Shinnar and Jay Holland represent Oscar Hampton III in the suit filed in the DC federal court.
Joseph, Greenwald & Laake, P.A. is pleased to announce that it has been included in the 2024 edition of Best Law Firms receiving national recognition in two practice areas and nine rankings regional to Washington, DC
“We are proud to be included again among this impressive list of top law firms in the Washington, DC region,” said Lindsay Parvis, principal of Joseph, Greenwald & Laake. “This recognition underscores our entire team’s commitment to our clients on a daily basis. We thank our attorneys and staff for their continuing dedication to our clients’ legal needs.”
The Best Law Firms ranking is determined by peer reviews from leading attorneys, client and lawyer evaluations and a review of information provided by law firms for the formal submission process. Firms are required to have at least one lawyer in their practice included in Best Lawyers in America for that practice area to qualify for ranking. More information on eligibility and requirements can be found on the Best Law Firms methodology.
The firm is recognized in the following practice areas:
National Tier 1
- Appellate Practice
National Tier 3
- Employment Law – Management (new)
Metropolitan Tier 1
Washington, DC
- Appellate Practice
- Employment Law – Individuals (new)
- Employment Law – Management
- Family Law
- Medical Malpractice Law – Plaintiffs
- Personal Injury Litigation – Plaintiffs
Metropolitan Tier 3
Washington, DC
- Family Law Mediation
- Litigation – Trusts & Estates (new)
- Trusts & Estates Law
Since it was first published in 1983, Best Lawyers in America has become universally regarded as the definitive guide to legal excellence. Globally, over 110,000 industry-leading lawyers are eligible to vote and nearly 19 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world were received. For the 2024 edition of The Best Lawyers in America, more than 13 million votes were analyzed. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.
Joseph, Greenwald & Laake, P.A., is one of the most trusted law firms serving Washington, DC, and the suburban Maryland area. For more than 50 years, our law firm has represented a variety of clients, including individuals, small businesses and multimillion-dollar corporations. From simple to complex legal needs, our law firm is prepared to deliver strategic solutions with high standards. For more information, please visit the firm’s website at jgllaw.com.
Michal Shinnar has been selected by The Daily Record as one of Maryland’s Power Players for the 2023 Employment Law Power List.
This group is composed of power players who are leading key organizations, creating change, impacting the community and engaging others to succeed.
