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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    March 29, 2019

    Tags: Newsletters, Litigation, Workers' Compensation, Articles, evidence

    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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    March 26, 2019

    Tags: Government Law, Litigation, Virginia Legislative Alert, spoliation, evidence

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