Thomas Mugavero

Thomas Mugavero

COUNSEL
FALLS CHURCH
T: 703.280.9273
F: 703.280.8948

Mr. Mugavero is Counsel in our Community Associations group.

Recognitions

  • Washington, D.C. Super Lawyers®, Business Litigation, Employment & Labor, Appellate (2013-2016)
  • Pro Bono Lawyer of the Year 2020, Fairfax Bar Association
 

Memberships & Activities

  • Member: Virginia State Bar Association
  • Member: Federal Bar Association
  • Member: Fairfax Bar Association, Chair of the Pro Bono Committee
  • Member: American Bar Association
  • Former D.C. Bar Association Chair of the Council on Sections (2011-2013)

Business Litigation

  • Represent companies in contract and business tort actions


Appellate Practice

  • Argued issues of first impression before the Maryland Court of Appeals on condominium regulation and insurance coverage
  • Has argued before the Virginia Supreme Court, the District of Columbia Court of Appeals, the Maryland Court of Appeals and Court of Special Appeals, the New York Appellate Division and the United States Courts of Appeals for the Fourth and the District of Columbia Circuits 
  • Argued a matter of first impression before the District of Columbia Court of Appeals on the scope of the Condominium Act
  • Argued issues of first impression before the United States Court of Appeals for the Fourth Circuit on:
    • Fair Labor Standards Act and the relation between overtime pay and vacation leave;
    • Condominium conversions and the fiduciary duties of directors;
    • Fair Housing Act, religious discrimination and individual prayer spaces.

Selected appellate cases include:
  • Bristol University v. Accrediting Council, Case No. 16-1637 (6/19/2017), U.S. Court of Appeals for the Fourth Circuit (accreditation)
  • Bridgforth v. Gateway Georgetown Condominium Association, ___A.3d ___ (D.C. 2019) 
  • Anderson v. Council of Gables, 404 Md. 560; 948 A.2d 11 (Md. 2008); 
  • Admiral Ins. Co. v. ACE Am. Ins. Co., No. 09-1389, 442 Fed. Appx. 738; 2010 U.S. App. LEXIS 1200 (4th Cir., 2009);
  • Mobil Oil Corp. v. Earhart Petroleum, Inc., No. 99-2093, 2000 U.S. App. LEXIS 8674; 42 U.C.C. Rep. Serv. 2d (Callaghan) 732 (4th Cir. 2000);
  • Karson v. American College of Cardiology, No. 96-1680, 1999 U.S. App. LEXIS 25817 (4th Cir., 1997);
  • Williams v. 5300 Columbia Pike Corp., No. 95-2964, No. 95-3091, 103 F.3d 122 (4th Cir. 1996); 
  • Malone v. Saxony Coop. Apts., Inc., 763 A.2d 725 (D.C. 2000); 
  • Hawthorne v. Canavan, 756 A.2d 397 (D.C. 2000);
  • Massengale v. Pitts, 737 A.2d 1029 (D.C. 1999); 
  • Kelley v. Broadmoor Coop. Apts., 676 A.2d 453 (D.C. 1996).


Community Associations

  • Advise and defend associations on claims of mold exposure and remediation
  • Defend homeowners associations against claims of tenant misconduct and violations of the Fair Housing Act


Insurance Coverage & Defense

  • Defend companies and individuals against claims of premises liability, negligence and personal liability


Labor & Employment Litigation

  • Defend employers against claims of wrongful termination, unfair practices and employee discrimination
INSIGHTS

ABA Anmal Shelter Law Symposium, Moderator, November 2022

Support and Therapy Animals: Legal Issues, Presenter, LeadingAge Virginia Annual Conference, June 2022

Yours, Mine, or Ours? Pet Ownership & Custody Laws, Presenter, Animal Welfare League of Arlington, July 2020

Anti-SLAPP Litigation 101 – Defending Freedom of Expression, On Demand Webinar, Co-Presenter, DC Bar Association, May 2020

Legal Issues Update, Co-Presenter, Boards Shaping the Future LeadingAge Maryland Governance Symposium, February 2015

ARTICLES

What to Do When Your Association Is Sued

In any lawsuit, the defendant starts at a disadvantage.  The plaintiff has had all the time needed to formulate his case; the defendant, however, starts from scratch.  When your association is sued, therefore, you need to work immediately on a planned response regardless of how you feel about the lawsuit’s merits, or lack thereof.  The first steps are fairly obvious: (1) contact the association’s lawyer; and (2) notify the association’s insurer of the lawsuit.  That, however, is just the start: in this article, we will discuss the next steps for you to take when your association is the named defendant in a lawsuit.

Pithy Title Needed: Lawyers Discussing Stormwater Management by Associations…in Depth

An SMP, or “Stormwater Management Plan,” is the broad term for an association’s documented plan for complying with local ordinances regarding stormwater management. A BMP, or “Best Management Practice,” is a type of SMP that includes those activities, prohibited practices, and maintenance that an association has adopted to prevent or at least reduce the pollution of surface waters on its property.

Why You Shouldn’t Deal With Mold Yourself - And It’s Not Just Because You Don’t Have Mr. Clean’s Abs

Mold, technically, is everywhere, in some form or another; it is in the dust on the furniture, in the crumbs left on the counter, and in the air that drifts in from the outside. It is why bread turns green-gray, and why coffee left in the mug on the desk over the weekend will look tan on top. Visible mold, however, is usually a by-product of some other maintenance problem–and usually a sign that that maintenance problem has been going on too long. When mold is given a damp environment and some form of nutrient – either wood, or drywall, or some other building material–it will flourish and grow, creating splotchy discoloration on walls, ceilings and personal property.


Insurance Requirements For Condominium Owners

Every condominium association is required, by statute and by governing document, to carry a master insurance policy on the building. Such policies cover the common elements and – in multi-story buildings at least – the individual units as well. The question has often arisen, however, whether unit owners themselves should carry homeowners’ insurance, generally known as “HO-6 policies.” The answer is, resoundingly, YES. It is risky not to do so.


Court refers discovery contests to ‘conciliators’

Thomas Mugavero was quoted at length in the article, “Court refers discovery contests to 'conciliators,'” which appeared in Virginia Lawyers Weekly:

"...Many of the referred motions are “straight motions to compel,” where one side simply hasn’t responded to discovery requests and the other side moves to compel to get their attention, according to Fairfax business litigator Thomas Mugavero, a veteran conciliator..."


Getting Ready for the Pool Season

In a few months, community associations around the region will be opening up their pools in preparation for the summer season.   Running an association pool, of course, comes with a host of issues, including: training and certifying lifeguards; maintaining, repairing and replacing the equipment itself; and enforcing the rules and regulations for using the pool.   This article will focus on two separate issues: the Virginia Graeme-Baker Act and the responsibilities of community associations under the federal and state non-discrimination statutes.


NEWSLETTERS

NEWS

Whiteford, Taylor & Preston Increases Its Number of Falls Church Attorneys and Expands Its Northern Virginia Location

Whiteford, Taylor & Preston LLP (WTP) has expanded its Falls Church office - by increasing the number of attorneys and enlarging its office space. Glenn R. Bonard, Eileen Morgan Johnson, Thomas Mugavero, Christy Richardson, and Andrew J. Terrell have joined Raymond J. Diaz, Michael Gartner, Christopher A. Jones, Katherine McCarthy, Edward J. O'Connell, and Eric A. Vendt in WTP's offices at 3190 Fairview Park Drive, Suite 300, Falls Church, VA 22042.


Thomas Mugavero Joins Washington DC Office of Whiteford, Taylor & Preston

Whiteford, Taylor & Preston L.L.P is pleased to announce that Thomas Mugavero has joined the firm as Counsel in the Washington, D.C., Office. Mr. Mugavero joins the firm after serving in the Staff Counsel's office of The Hartford. While with Hartford, Mr. Mugavero was involved in representing insured individuals and companies in a variety of lawsuits. Mr. Mugavero also served as partner in the law firm of Montedonico, Hamilton & Altman, P.C., where he focused his practice in employment discrimination and commercial litigation.