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
March 14, 2019
Tags: Litigation, Insurance Coverage, Virginia Legislative Alert
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
January 29, 2019
Tags: News, Litigation, Local Counsel, Updates, verdicts, Insurance Coverage
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.
January 24, 2019
Tags: Litigation, Business Law, GDPR, Arbitration
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.
October 18, 2018
Tags: News, Litigation, Local Counsel, Updates
Brennan Morrissett, an associate at McCandlish Holton, recently forced Plaintiff to dismiss his case after she obtained several favorable rulings from the Court. In this no contact motor vehicle versus pedestrian case, Plaintiff claimed he was exiting the post office when Defendant backed out of her parking space and caused him to jump out of the way to avoid being struck, injuring himself in the process. Plaintiff’s damages included not only incurred medical treatment, but alleged future treatment, loss of earning capacity, lost business earnings and costs for modifications to Plaintiff’s home. At trial, Ms. Morrissett successfully argued that each and every item of Plaintiff’s claimed damages either lacked foundation or Plaintiff failed to prove a causative link to the incident. The Court agreed and before the Court could strike Plaintiff’s case, Plaintiff voluntarily dismissed the claim.
May 22, 2018
Tags: News, Litigation, Updates
McCandlish Holton Director Michael H. Gladstone successfully represented a Virginia business in a corporate dissolution suit involving 50/50 shareholders instituted in the Richmond Circuit Court by the client’s former business partner. Two businesses, a corporation and a LLC, were implicated by the allegations of the complaint but the suit only addressed the corporation. Counterclaims were filed and competing purchase elections were made by the parties under Va. Code Section 13.1-749.1, presenting a case of apparent first impression to the trial Court. Cooperative agreements between the parties and counsel avoided expensive formal discovery. Factual development of the case favored the client and the matter resolved through an advantageous sale of the client’s interest in both businesses to the original plaintiff.
May 4, 2018
Tags: News, Litigation, Business Law, Updates
McCandlish Holton has been recognized in Chambers USA 2018. The firm has been ranked in 'Band 2' for Litigation: Products Liability in Virginia. Director James W Morris III has also been featured as a "leader in the field" in Litigation: General Commercial and Litigation: Products Liability. To view the firm's listing and editorial profile click here.
May 3, 2018
Tags: News, Litigation, Updates
McCandlish Holton Director Michael H. Gladstone successfully represented a Virginia business in a claim removed from state court to the U.S. District Court on a life insurance policy covering one of the company’s key executives. The policy death benefit exceeded $1,000,000. The insurer had denied the claim alleging material misrepresentations by the decedent in answering health-related questions on the insurance application. After discovery depositions of several of the insurer’s executives, the litigation was resolved at mediation, avoiding the necessity of a trial.
May 2, 2018
Tags: News, Employment Law, Litigation, Business Law, Updates, Insurance Coverage
Litigation Director Joseph Moore is ALFA International's "Friday Feature" this week. He is serving as the Program Chair for their 2019 Hospitality and Retail Seminar. Read the full post and interview here.
March 30, 2018
Tags: News, Litigation, Updates, ALFA International
McCandlish Holton attorneys D. Cameron Beck Jr. recently defended a national trucking company in a five-day federal jury trial in the Western District of Virginia, Harrisonburg Division. The Defendants admitted liability, but contested the plaintiff’s damages.
March 22, 2018
Tags: News, Litigation, Insurance Claims, Trucking/Transportation Law
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