News & Publications

In Virginia, there are certain advantages to defending a case in federal court. First, in Virginia state court, motions for summary judgment may not be based on deposition testimony. For attorneys seeking a case-dispositive ruling prior to trial, the state court evisceration of the summary judgment process thwarts such efforts. Second, the disclosure and qualification process for expert witnesses are far more stringent in federal court. Through robust expert disclosure requirements and the application of Daubert to experts who are properly disclosed, Virginia federal courts place a premium on well thought out and executed expert strategies.

Knowing most defendants would prefer to remove a claim to federal court, plaintiffs frequently attempt to include a non-diverse employee in a premises liability suit to prevent

By: Eva C. Roffis, Esq.

Typically, an injury sustained by a worker at a social or recreational event is not compensable. However, numerous factors must be examined in order to determine whether the claimant’s accident arose out of the employment.

On January 27, 2017, the new administration issued an Executive Order which suspends "entry into the United States" of individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days (and possibly longer). 

By: Amanda Tapscott, Esq.

Claimants are arguing that de facto awards apply in their claims with increasing frequency.

By: The Worker's Compensation Team

When we think of workers’ compensation in Virginia, we typically think of injuries by accident.  Virginia law instructs us to look for a specific and identifiable event as the cause of an injury.  That being said, there are situations where a person is entitled to compensation for injuries that lack any type of identifiable event, these are known as “Occupational Diseases.”   

Two Long-Established Richmond-Based Law Firms Announce Merger

Richmond-based law firms McCandlish Holton and Morris & Morris announce a merger of the two firms, to take effect December 1, 2016.  The newly combined firm will have 39 lawyers, offering clients a full range of legal services with specialties in business and corporate law, commercial real estate law, civil litigation in state and federal courts, workers' compensation, products liability, healthcare, and immigration.  Both firms have had a presence in Virginia in excess of twenty-five years.

By: Workers’ Compensation Practice Group

The leaves are beginning to turn and the holiday season is quickly approaching, which means it is the time of year when retail establishments often take on additional employees.  Some businesses contract out certain duties rather than having their own employees perform that work.  In Virginia, a business that contracts out work can be liable as a “statutory employer” if an employee of the contractor is injured on the job.  

Amanda Tapscott, a Director in our Workers' Compensation practice group, was recently named chair of the Worker's Compensation Section of the Virginia Association of Defense Attorneys (VADA).

By: James M. Snyder, Director, Litigation Practice Group

Several years ago, I was representing an herbicide manufacturer against a toxic tort lawsuit. The claim was that our product caused substantial damage to the crop, instead of the underlying target foliage. The Complaint named my client and several other co-defendants, each of which played some role in the manufacturing, purchase and/or application of the herbicide. 

By: James M. Snyder, Of Counsel, Litigation Practice Group

When a new case first comes in from one of my clients, there are certain pieces of information that facilitate my initial investigation. Of course, when a lawsuit is the first notice of loss, everyone is starting the defense with little to no information to pass along. However, in most instances, the client has received some essential information before the claim becomes a lawsuit and finds its way to my desk. Here is what I am looking for right away: