News & Publications

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:

By: The Workers' Compensation Team

Long-term opioid abuse has become a front page issue throughout the country, as doctors, claimants, insurance companies, and employers struggle with the drastic increase in opioid prescriptions in recent years and the potentially disastrous effects of these medications.  A quick glance at recent statistics is alarming, as there have been 4,400 deaths in Virginia linked to opioids since 2007.  

By: Samantha S. Otero, Of Counsel, Business Law Practice Group

The new minimum salary level for exempt employees under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL). 

By: Michael H. Gladstone, Director, Litigation Practice Group

Actions in litigation ought to be, and these days are, regularly tested by insurers, TPAs and direct hire corporate clients under a cost/benefit analysis.  A proposed action or tactic must justify itself to be client approved.   Not all pleas, motions or expert hires turn out as hoped, but there must be some prospect of substantive return on the lawyer, client and witness/consultant investment to warrant going forward.  I recently observed an attorney in a protracted civil litigation matter take actions which neither I, nor any of my clients, would have approved.  No beneficial result was achieved by the actions, except only an increase in attorney work for all involved in the case.