Action v. Omission: When an Employee May be Liable in a Premises Liability Suit and Why it Matters

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

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