Defending Negligence Per Se Claims Under Virginia Law

From The Journal of Civil Litigation, Published Quarterly by the Virginia Association of Defense Attorneys, VOL. XXX, NO. 4, Winter 2018-2019. It appears here with permission.

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Virginia Legislative Alert: SB1486 Allows Depositions to be Used in Support of Summary Judgment - Not Quite

Amendment to Virginia Code §8.01-420.

On February 21, 2019, the Governor signed a Bill amending Virginia Code Section 8.01-420.  Virginia Code Section 8.01-420 expressly states that depositions cannot be used in support of a Motion for Summary Judgment.  The recently enacted amendment to this statute allows depositions to be used, but only in the limited situation where the

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Virginia Legislative Alert: Bad Faith Bill SB1117 Stuck in Committee, But Virginia Bill SB1293 Sent to Governor.

Bill SB1117 Stuck in Committee

In reaction to the Supreme Court of Virginia’s 2017 decision in Manu v. GEICO Cas. Co., 293 Va. 371 (2017), a bill was introduced to the General Assembly in 2018, seeking to impose bad faith on UM/UIM insurance carriers. In 2018, the proposed legislation died in a Senate committee. In 2019, another substantively identical UM/UIM bad faith bill was proposed, SB1117.

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McCandlish Holton Attorneys Obtain Defense Verdict for Mutual Insurance Company in Jury Trial

 

Matthew Haynes and Brennan Morrissett obtained a defense verdict on behalf of a mutual insurance company in a Virginia Circuit Court jury trial.  The plaintiff/insured filed a 1st party suit against his homeowner’s insurer alleging breach of contract. 

Plaintiff sought to recover more than $250,000 in alleged personal property losses and additional living expenses he claimed resulted from a fire that completely destroyed his residence.  Plaintiff sought these amounts eighteen months after the fire, and in addition to

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Case Analysis: Falling Asleep Behind the Wheel

By: Esther King, Esq. 

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GDPR Issues in U.S. and International Litigation and Arbitration

On November 30, 2018, I had the privilege of serving as a panel member on an International Association of Defense Counsel (IADC) presentation addressing GDPR in International Dispute Resolution.   The other panel members were: Robert Bond, of Bristows, in London, England; Alexandra Simotta, of Six-Group, in Vienna, Austria; and Janis Block, of CMS in Cologne, Germany.  The panel’s objective was to explore the issues arising under the GDPR in international dispute resolution, whether in arbitration or court litigation.   My responsibility was to offer a U.S. trial counsel’s response to the subject.   This article shares a few of the ideas raised during the panel, and a few which have occurred to the author in response to hearing from my fellow panel members. 

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2018 Annual Review of Virginia Workers' Compensation Trends

By: Amanda Tapscott Belliveau, Esq. 

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Using Social Media Evidence to Defend Workers' Compensation Claims

By: Eva C. Roffis

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McCandlish Holton Attorneys Obtain Defense Verdict for Global Warehouse Retailer

Matthew Haynes and Brennan Morrissett obtained a defense verdict on behalf of a global warehouse retailer following a two day jury trial in the United States District Court in Baltimore, Maryland. 

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Beat the Heat: Defending and Preventing Heat Exposure Claims

Landscapers, surveyors, construction workers, groundskeepers, park rangers, farmworkers, and countless others spend their days working outside.  But when do weather conditions become an actual risk of employment?   

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