Material Misrepresentation on an Employment Application as a Defense to Workers' Compensation Claims

A Resource to Utilize in Workers' Comp Defense

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Virginia Legislative Alert: SB1619 Virginia's New Spoliation Law

New Section Added to Virginia Code §8.01-379.2:1

On March 7, 2019, the Virginia legislature passed S1619, which added a new section to the Virginia code addressing spoliation at § 8.01-379.2:1. Governor Ralph Northam signed the new legislation into law on March 21, 2019.

S1619 creates an affirmative duty to preserve evidence that a party should reasonably foresee as being relevant to a future lawsuit. The law instructs courts to examine all of the circumstances when determining when the duty to preserve evidence is triggered. Courts must evaluate when the party in possession of the evidence (1) had notice litigation was likely, and (2) realized that the evidence in question would be relevant to the lawsuit.

The Legislature Provides Two Different Spoliation Remedies

 The legislature also provided two different spoliation remedies. First, S1619 provides that when

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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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WEBINAR: The Mandatory Disclosure Rule & False Claims Act Update

DATE: Feb. 13, 2019

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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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