Thomas Mugavero

Thomas Mugavero

COUNSEL
tmugavero@wtplaw.com
FALLS CHURCH
T: 703.280.9273
F: 703.280.8948



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 District of Columbia Court of Appeals, the Maryland Court of Appeals and Court of Special Appeals, and the United States Courts of Appeals for the Fourth and the District of Columbia Circuits 
  • 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:
  • 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

  • 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
 

General Info

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


Speaking Engagements:

  • Legal Issues Update, co-presenter, Boards Shaping the Future LeadingAge Maryland Governance Symposium, February 2015


Recognitions:

  • Listed in Washington, D.C. Super Lawyers, 2013 - 2016

ARTICLES

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.


EVENTS

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.