Richmond, VA — McCandlish Holton is pleased to announce that associate Jonathan Thomas has published a new article in the Journal of Civil Litigation, the official publication of the Virginia Association of Defense Attorneys (VADA). The article is titled “A New Standard: How Virginia Code Section 8.01-42.6 Changes the Framework of Employer Liability in Virginia.”
Enacted in July 2025, Virginia Code § 8.01-42.6 marks a significant shift in Virginia law by substantially expanding the scope of employer liability in certain tort actions. The statute introduces terminology rarely used in Virginia common law and codifies legal principles that the Supreme Court of Virginia had previously declined to adopt. As a result, the new law presents meaningful challenges for employers and their counsel.
In his article, Jonathan analyzes the statute’s broad and, in some instances, ambiguous language, offering a practical framework for how courts are likely to interpret and apply each element of the law. The article is intended to assist attorneys in defending claims against employers and advising clients on how this statute expands potential liability—particularly in cases involving alleged harm to “vulnerable victims.”
Jonathan’s publication reflects McCandlish Holton’s ongoing commitment to thought leadership and to providing clients with timely, insightful analysis of significant legal developments affecting businesses and employers throughout the Commonwealth.
The article is available to read here: https://tinyurl.com/46wbye5y
This article originally appeared in the Journal of Civil Litigation, Vol. 37, No. 4 (Winter 2025–2026), a publication of the Virginia Association of Defense Attorneys. It appears here with permission.
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