Hon. Rosemarie Annunziata (Ret.) brings to JAMS over 35 years of distinguished service from the trial and appellate bench as well as the private practice of law as a civil law litigator. Her experience encompasses virtually every substantive area of the law as well as the settlement dynamics that necessarily come into play prior to trial. As a JAMS neutral, she has been selected to serve throughout the District of Columbia metropolitan area in complex commercial, business, and employment matters, as well as in consumer-related, divorce, and health care industry matters. Her reputation for integrity, fairness, judgment, and common sense is well-known.  She works collaboratively with the parties and counsel in mediation to facilitate settlement and shares evaluative observations as the dispute requires.  In arbitration, Judge Annunziata provides timely case management of the case’s procedural and substantive issues, including resolution of arbitrabiity questions, discovery disputes, and pre-hearing motions. Her written awards reflect careful legal analysis and clear, reasoned decisions.

Judge Annunziata is not accepting new matters at this time.

Representative Matters

• Business Commercial
• Disputes involving sale of commercial products, personal services, franchises, multiple contract issues
• Chaired three-member panel arbitral panel in an ICC case involving a multi-million   dollar commercial sales and product defect dispute in the computer industry
• Arbitrated the post-merger construction of the parties’ contract as it related to the proper application of an agreed compensation plan for services in the printing and publication industry
• Arbitrated dispute between franchisor and franchisee involving claims of unfair competition and fraud
• Arbitrated dispute between sports complex and season ticket holder involving claims of misrepresentation and false advertising
• Mediated breach of contract claim between art gallery and nonprofit provider of traveling art exhibit services
• Selected as mediator of claim involving breach of joint marketing agreement between cable services provider and owner of residential community for the provision of TV/Internet service
• Mediated shareholders’ dispute with private golf club regarding the proper evaluation of the price per member’s share and violation of shareholders preemptive rights
• Consumer Matters
• Disputes involving  claims of fraud,  mortgage- related disputes, violations of the Truth in Lending Act, Federal Fair Credit Billing Act,  Federal  Debt Collection Payment Act, Telephone Consumer Protection Act, Magnuson–Moss Act involving truck sales, the Consumer Protection Act, Section 59.1-204(A), and the UCC,  Section 8.9i(A)
• Arbitrated breach of a franchise agreement in the telecommunications industry, including claims of fraud and fraudulent inducement
• Member of a 3-member appellate arbitral panel to review initial arbitrator’s award based on alleged violations of state and federal consumer protection law, the Fair Debt Collections Practice Act, breach of contract, and tortious interference with contract
• Selected as sole arbitrator in numerous cases based on alleged violation of the above named statutes
• Selected as arbitrator in case involving claims of misrepresentation in sale of premium sports complex seats
• Selected as mediator in case against major bank and lending institution based on claim it failed to properly account for claimant’ s full mortgage payment
• Employment Law
• Disputes involving claims of retaliatory discharge and whistleblowing, claims of discrimination based on age, disability, gender, pregnancy, national origin, race, sexual orientation, violations of the FMLA, Title VII, ADA, ADEA, and  contract actions based on the failure to pay bonuses, commissions, and severance involving a wide variety of businesses and organizations, including the government, private and nonprofit domestic and international associations, and health care industry personnel and companies
• Mediated sexual harassment and defamation claim against health care provider
• Mediated disability discrimination claim and failure to accommodate against nonprofit student association
• Mediated wrongful termination claim brought by executive director against governing board of an international nonprofit organization
• Mediated claim alleging breach of employment contract, wrongful termination and violation of the FMLA brought by senior employee against corporation engaged scientific and medical research for government and corporate clients
• Arbitrated same- sex sexual harassment and constructive discharge claim against employee’s supervisor in oil refinement industry
• Selected as arbitrator in claim alleging same sex sexual harassment and retaliation in violation of Title VII and DC Human Rights Act
• Selected as arbitrator in wrongful termination claim and discrimination based on national origin and religion against national accounting firm
• Arbitrated numerous matters involving at-will employment  claims and claims based on employee handbook provisions
• Family Law
• Disputes involving divorce, equitable distribution, child custody, spousal and child support appellate decision-making
• Mediated numerous disputes involving equitable distribution, debt division in divorce,  custody and visitation, child and spousal, support, relocation
• Selected numerous times to serve on fact-finding review panel for local government agency involving employment issues
• Authored noteworthy appellate decisions regarding state agency, workers compensation, divorce, spousal, child support, and equitable distribution issues
• Selected as a neutral evaluator on appellate matters
• Health Care
• Disputes involving medical malpractice and wrongful death claims against individual health care providers and institutions in a variety of medical specialties, including neurology, obstetrics, gastroenterology, neonatology, and claims based on the denial of insurance coverage, violations of physician recruiting and licensing agreements, claims based on discrimination
• Mediated wrongful death claim based on failure to exercise reasonable care in performing colonoscopy in patient suffering a complicating unrelated health issue
• Mediated wrongful death claim involving the proper diagnosis and treatment by nurses and physician treatment in the care of a new born diagnosed with jaundice
• Mediated breach of insurance contract to pay workers compensation claims and waiver of certain defenses under the contract
• Mediated multiple automobile liability cases
• Arbitrated the distribution of a stipulated fund to compensate multiple victims of automobile accident
• Arbitrated the distribution of settlement award in asbestos cases
• Selected as arbitrator in hospitals’ alleged breach of health care recruiting contract for physician services to be provided to hospital and physician’s claims of discrimination based on national origin
• Selected as arbitrator in dispute involving carrier’s alleged denial of disability insurance coverage for claims filed by medical care provider
• Selected as arbitrator in dispute involving carrier’s denial of health insurance coverage under insurance agreement with medical care providers
• Real Property
• Disputes involving commercial and residential property transactions, including sales agent liability, land use and zoning issues, environmental-related claims, real property sales contracts, commercial lease disputes, homeowner association’s regulation of property rights,  including the application of homeowner association’s covenants, conditions and restrictions
• Arbitrated breach of a commercial land development agreement, including claims for rescission, fraud, and breach of implied covenant of good faith and fair dealing
• Member of 3-member arbitral panel arbitrating claim for release of purchaser’s deposit, including the unpaid portion of the deposit, based on purchaser’s failure to timely close on the property
• Arbitrated complex property development and management dispute in involving land use and zoning issues, breach of contract and fiduciary duty claims, and claim for lost profits after construction contract terminated
• Arbitrated franchise agreement dispute in the telecommunication industry involving breach of contract, fraud and fraudulent inducement issues
• Arbitrated the application of home owner’s association bylaws in dispute involving refusal to permit the implementation of homeowner’s building plans
• Mediated claim against insurance carrier for losses incurred as a result for fire damage to residence
• Selected as arbitrator in breach of teaming agreement involving waste disposal industry
• Selected as arbitrator in dispute between national mortgage company and property owner regarding failure to properly administer the payoff of home mortgage loan
  
  

Honors, Memberships, and Professional Activities

• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Chair Civil Service Commission Counsel, Fairfax County, 2005 to Present
• Member, ABA Section of Dispute Resolution Publications Board, 2008- 2010
• Vice Chair, Virginia State Bar/Virginia Bar Association Alternative Dispute Resolution Committee, 1994-2000; Member, 2004-2014
• Member, International Association of Women Judges, Board of Managerial Trustees, 2002 to Present
• Author and lecturer on a wide variety of topics, including best practices in mediation and e-discovery in arbitration
  • Member of panel on Best Practices in Mediation at the Virginia Mediation Network 2014 annual conference
  • Member of panel on Mediator Best Practices: What the Marketplace Wants, Virginia ADR Joint Committee Northern Virginia Regional Meeting, 2009
  • Member of panel on Gender Differences in Mediation, ABA/ADR Annual Conference, 2008
• Member, Fairfax County Planning Commission, 1981-89
• Hearing officer, Virginia Department of Education, 1979 to 1982

Background and Education

• Mediator and Arbitrator, 2005 to Present
• Senior Judge, Court of Appeals of Virginia, 1995-2004, 2006-2015
• Judge, Fairfax County Circuit Court, VA, 1989-1995
• Medical Malpractice Review Panel, 1989-1995
• Of Counsel in Land Use and Development, Dickstein, Shapiro & Morin, Washington, D.C., 1986-1989
• Partner, Cremins, Snead & Annunziata, Fairfax, VA, 1984-1986
• Attorney, Hall, Surovell, Jackson and Colten, Fairfax, VA, 1981-1984
• Fairfax County Planning Commission, 1981-1986
• Hearing Officer for Special Education Appeals, Commonwealth of Virginia, 1979-1986
• J.D., The American University, Washington School of Law, 1978
• M.A., Yale University, 1967
• B.A., Phi Beta Kappa, Elmira College, Elmira, NY, 1962; Sorbonne, Paris, France, 1960-1961