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This column is written by Metro DC Houses, a local real estate team serving DC, MD, VA made up of Colin Johnson, the immediate past President for the D.C. Association of Realtors and Christopher Suranna, the current President for the D.C. Association of Realtors.

For over 10 years, the Washington Nationals have called Navy Yard (or Capitol Riverfront) their home.

During this time, the neighborhood has seen a resurgence of housing and commerce replacing what was at times considered DC’s industrial backyard.

While Nationals Stadium has been a key cornerstone of this success, such a rapid change could not have happened without a concerted effort by city officials, developers and local residents.

The Capitol Riverfront BID sees the area becoming the, “next-generation neighborhood for business, recreation and city life.” So much so, that Mayor Bowser has even pitched it to Amazon for their future HQ2 site.

With so much development, we thought we’d take a look at the numbers from the perspective of a future homeowner, renter or investor that has been wondering if the Navy Yard is right for them. (more…)

By criminal defense attorney Patrick Woolley, who is barred and practices in the state of Virginia, with Price Benowitz LLP.

Non-hallucinogenic medicinal marijuana, or cannabidiol, continues to gain legislative and medical support for its use in combating nausea and pain. Legislators in Virginia are considering a bill that would allow physicians to broadly prescribe cannabidiol (or cannabis oil, as it is commonly known) for any medically-diagnosed condition.

Cannabis oil has gained popularity recently as studies have shown the efficacy of marijuana in pain treatment. As there has been no corresponding increase in support for legalization of marijuana at a federal level, doctors and scientists have attempted to come up with alternative ways of delivering the benefits of marijuana in a form that does not run afoul of current federal laws.

Unfortunately, cannabis oil is considered a “Schedule 1” narcotic by the Drug Enforcement Agency (DEA), meaning that from a federal standpoint, its production and distribution are illegal. However, many producers of cannabis oil claim that their products are derived from the hemp plant, making it legal.

Laws related to the possession, use, production and distribution of marijuana and any of its extracts currently vary from state to state. Several states have completely legalized the use of marijuana. Others still ban it completely, even when only used medicinally. Still others allow medicinal use but not recreational use.

“The state of the law related to marijuana and its derivatives throughout the United States is in an incredible amount of flux,” said Patrick Woolley, a criminal defense attorney in Virginia. “It is incumbent upon individuals who are looking to use cannabis oil or other products to ensure that use and possession of those items will not put them in serious legal jeopardy.”

What does this mean for a Virginia resident seeking to use cannabidiol for medical purposes? Currently, Woolley said, the use of cannabis oil is still illegal, even for medicinal purposes. If the proposed law passes, “the use of cannabis oil with a doctor’s prescription would be legal, but possession without a prescription would still be a crime,” said Woolley. Additionally, possession of any other marijuana derivative, or marijuana itself, would not fall under the protections of this law.

Virginia residents who do avail themselves of any new Virginia law related to cannabis oil should be aware that the legality of something in Virginia does not make it legal everywhere else. If you are traveling to another state or another country, you should make yourself familiar with the possession and use laws of those states and countries, as well as any state or country you may be traveling through. You can still be charged with a crime in another state.

By medical malpractice attorney John Fisher, who practices in New York State with John H. Fisher, P.C.

A bill passed by the House of Representatives proposes to seriously curtail the ability of injured individuals to obtain non-economic damages in medical malpractice lawsuits, among other things.

The bill, proposed by Rep. Steve King (R), Iowa, covers any medical procedure that results in harm to an individual where the Federal government made payment either in the form of Medicare or Medicaid coverage, or through subsidy or tax benefit.

As the Affordable Care Act provides subsidies for all that qualify, the pool of individuals that would be affected by this change is both quite large and generally made up of lower-income, poor, and elderly individuals.

The stated goal is to reduce the amount paid out by the Federal government for unnecessary treatments that are only ordered by doctors to ensure they are not held liable for medical malpractice. King also claims that these changes will reduce doctor malpractice insurance premiums by up to 50 percent.

The bill puts limits on how much an attorney can receive in contingency fees, and reduces the statute of limitations to either three years from the date of the service that caused the injury or one year from the date the patient discovers the injury, whichever occurs first.

“Frivolous lawsuits are an unfortunate fact of life in all areas of the law,” said John Fisher, a medical malpractice attorney with the law firm of John H. Fisher, P.C. “However, judges and juries are normally pretty good at sniffing out the ones that lack good basis, and the attorneys representing the doctors are not slouches either. This law is trying to address the spiraling costs of healthcare by limiting the rights of consumers.”

The primary limitation, however, is the limit on non-economic damages.

Non-economic damages are subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. These damages are capped at $250,000.

“Two hundred fifty thousand dollars sounds like a lot of money,” said Fisher, “but non-economic damages are the funds that are most often used, for example to improve the life of a severely injured child by allowing access to programs and activities that they would otherwise not be able to afford. Why should that child not be able to enjoy life as fully as possible because of the negligence of a doctor?”

Most stakeholders in the medical malpractice realm agree that outrageously large non-economic damage awards are of no benefit to anyone, as they are very rarely upheld, explained Fisher.  “Unfortunately, they become the posters for tort reform, and eventually only harm consumers.”

Currently, the bill has been referred to Committee, meaning that for the time being, no changes have become law.

By criminal defense attorney Charles E. Boyk, who is barred and practices in the state of Ohio, with Charles E. Boyk Law Offices, LLC.

Norfolk Southern’s 2018 Safety Train tour began in April and will make stops in 23 cities nationwide, the goal being hands-on education and training for first responders in these communities.

“Rail transport is responsible for moving some of the most hazardous materials produced,” said Charles E. Boyk, an Ohio Personal Injury Attorney with Charles E. Boyk Law Offices, LLC. “Providing training for first responders who may be exposed to these materials in the event of an accident will hopefully provide them with an extra layer of protection.”

Some of the recent train accidents have highlighted the dangers posed by rail transport of hazardous materials. The deadly explosion in Lac-Megantic, Quebec that wiped out much of the downtown area and killed 42 people was caused by an equipment failure. The train was loaded with crude oil, and the resulting pollution has taken years to clean up. For the first month following that accident, first responders had to work in 15-minute shifts due to the heat and pollution.

However, not all train accidents involve chemicals. Many times, these accidents involve vehicles or pedestrians being struck by trains. Typically, these are issues such as whether the rail crossing was properly marked, and whether signal equipment was operating properly. Additionally, claims can arise related to the speed of the train.

Individuals injured in train accidents may have claims for personal injury if it can be proven that the rail company was negligent. Additionally, if a person lost their life, their families or their estate may be able to file a claim for wrongful death.

However, it is important to remember that Ohio is a modified comparative negligence state. Comparative negligence allows fault for injuries to be apportioned between the properties, eliminating the “all-or-nothing” nature of contributory negligence that plaintiffs and defendants faced prior to its development.

Modified comparative negligence has a little bit of both contributory and comparative negligence in its process. Fault can be apportioned between the parties, but if a plaintiff is found to be more than 50 percent responsible for his or her injuries, they may be barred from recovering anything.

The concept of modified comparative negligence is challenging but should not scare potential plaintiffs away. “If your case has merit and you have competent legal counsel, you have a very good chance of overcoming any comparative negligence defense” by the defendant, said Boyk.

This column is written by D.C. Realtor and resident Sean Forschler.  Licensed in DC, MD & VA, he has been in the business since 2001 and currently works at RLAH Real Estate.  He may be contacted at [email protected].

So you’re thinking about spending hundreds of thousands of dollars on buying a new home.

You think, sure, I can save lots of money by doing it myself or with the help of my 3rd cousin twice removed on my mother’s side who lives in Albuquerque. Or I can go directly to the seller’s agent (listing agent).

There are a ton of websites nowadays that allow us to do things for ourselves, such as book flights and hotels, write a will, buy a car, etc. Just ask people who used to be travel agents! But now is not the time to go it alone. Before opting for the DIY route, I felt compelled to give you a (biased) list of tasks that a buyer’s agent should do for you.

Educate and help you navigate the entire process by orchestrating the various stages of the purchase; drafting and submitting your offer, arranging inspections, appraisal, walkthrough and closing.

It’s expected that you’ll have tons of questions which they will answer or point you in the right direction. They also facilitate communications between the seller’s agent, lender, title attorney, appraiser and any other professionals involved in the transaction.

Assist you in locating sources of mortgage loans. Buyer’s agents see mortgage products and rates frequently enough to compare and share which lender offers the best for your situation.

Creation of an e-mail alert system that notifies you of properties that fit your criteria before most people are aware of the property. Although you will inevitably search properties on sites like Zillow, Trulia or Realtor.com, our instant alert search is set up through BrightMLS which is the master database that supplies property listings to everyone, ensuring that you’re getting data directly from the source!

Analyzing the pros and cons of properties you select.  Are you considering buying the best and most beautiful house in the crappiest neighborhood? Like a stockbroker monitors their market values daily, agents do the same and have more data than you can imagine. (more…)

By employment law attorney Tom Spiggle, who is barred and practices in the state of Virginia, with The Spiggle Law Firm.

A law passed in the District of Columbia in 2016 that required the establishment of a paid family-leave program funded through employer taxes has seemingly lost one of its primary opponents.

D.C. Council Chairman Phil Mendelson, who is in the midst of a reelection campaign, has indicated that he will no longer pursue changes to the law which would have been more employer-friendly.

Mendelson claimed that his decision to drop his attempts at overhauling the law were related to his inability to reach a consensus on how to make the changes, but Mendelson’s challenger, Ed Lazere, claimed that it was because his approach was proving to be a losing issue, and that his delay in implementing the law while he tried to negotiate changes only hurt workers.

The law establishes a program that guarantees to private sector workers eight weeks of paid time off for new parents, six weeks of paid time off to care for an ill relative, and two weeks of paid sick time. The program would be funded by an 0.62 percent tax on employers. (more…)