Removing Wasp Nest in the Course of the Employment

 

Workers' Compensation Case Watch

The Virginia Workers' Compensation Commission recently addressed the “in the course of” requirement in Redleaf v. W&L Mail Service, Inc., JCN. VA00001513936 (June 11, 2019).

The claimant, a bulk mail delivery driver, arrived at the loading dock of a post office.  When the claimant got out of his truck, he noticed a large wasp nest above the stairs and wasps flying around.  He asked a post office employee to take care of the nest because he did not want to get stung.  The post office employee sprayed the nest and spray ran down the walls to the ground.  The claimant got a broom to knock the nest down.  The post office employee was too short to reach the nest, so he asked the claimant to use the broom to knock it down for him.  The claimant jumped up to knock the nest down, slipped on a substance that he believed was wasp spray, and hurt his ankle. 

The claimant testified that removing the nest would ensure that there would not

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Virginia's March Toward Adopting the Federal Spoliation Rules

From The Journal of Civil Litigation, Published Quarterly by the Virginia Association of Defense Attorneys, VOL. XXXI, NO. 1, Spring 2019. It appears here with permission.

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McCandlish Holton's Litigation Practice Group Welcomes Attorney Brittany B. Falabella

Welcoming Brittany B. Falabella, litigation practice group Director, Cam Beck says, "We are excited to have Britt join our team.  She brings bankruptcy and commercial litigation experience that will be valuable to our corporate clients.  Britt also understands well the challenges and needs of in house counsel as she previously served as general counsel of a Richmond based sports marketing and management company."

Since 2009, Britt also has been a volunteer coach with Henrico Adult basketball and soccer, in association with the Special Olympics. Britt says her inspiration began at home: "I have a sister with autism, so I have

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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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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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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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McCandlish Holton Attorneys Obtain Defense Verdict for Global Warehouse Retailer

Matthew Haynes and Brennan Morrissett obtained a defense verdict on behalf of a global warehouse retailer following a two day jury trial in the United States District Court in Baltimore, Maryland. 

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