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SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Reibenstein v. Barax Pennsylvania Supreme Court No. 32 MAP 2021 Decided: December 12, 2022 The phrase “cause of death,” as used in MCARE Section 513(d), refers specifically to the medical cause of death only, i.e., the physical processes precipitating the death. Background Decedent presented to primary care physician complaining… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary T.H.E. Ins. Co. v. Davis United States Court of Appeals for the Fourth Circuit 2022 U.S. App. LEXIS 33931 Decided: December 9, 2022 Fourth Circuit Court of Appeals upholds entry of summary judgment in favor of insurer on coverage issue, finding that the insurer’s coverage suit was not barred… read more

SIGNIFICANT CASE SUMMARIES Washington, DC Case Summary Williams v. Rajesh & Sadhna, LLC District of Columbia Court of Appeals Nos. 21-CV-408 & 21-CV-418 Decided: December 22, 2022 Plaintiff must exhaust all administrative remedies before challenging a construction permit in D.C. Superior Court. Background Plaintiff Desiree Williams resided in the top floor of a building in… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Arch Ins. Co. v. FVCbank Virginia Supreme Court No. 211050 Decided: December 29, 2022 When a company obtains a right through subrogation, it is placed in the position of its subrogor and can have no greater rights than those of the subrogor. Background Dominion Mechanical Contractors is a subcontracting… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Kratz v. Commonwealth of Pennsylvania, Department of Corrections (WCAB) Commonwealth Court of Pennsylvania 2022 Pa. Commw. Unpub. LEXIS 527, 2022 WL 17332418 Decided: November 30, 2022 Commonwealth Court defers on creating a “sexual assault” exception to the test applicable for a physical/mental injury. Background The Claimant was a nurse… read more