News & Publications

McCandlish Holton Attorney Successfully Represented a Virginia Business

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

4 McCandlish Holton Attorneys Listed as 2018 "Rising Stars" in Virginia

McCandlish Holton is thrilled to announce that four of our attorneys have been listed in the 2018 Virginia & West Virginia Super Lawyers magazine as "Rising Stars". Each year, lawyers are invited to nominate the top attorneys they have personally observed in action. Out of the 5 percent who are nominated, only about 2.5 percent are selected as Rising Stars. Several of our attorneys were "Selected to Super Lawyers" this year as well. See McCandlish Holton's full Super Lawyers profile here.

April 19, 2018

Tags: News, Updates, Super Lawyers

Jennifer Minear Lobbied for Immigration Reform in Washington, D.C.

McCandlish Holton Director, Jennifer Minear, serves as second Vice President of the American Immigration Lawyers Association (AILA). On Thursday, April 12, Jennifer participated in AILA's National Day of Action, lobbying lawmakers on Capitol Hill for productive immigration reform. She is pictured here with House Minority Whip Steny Hoyer (D) of Maryland and other AILA members.

April 18, 2018

Tags: News, Immigration Law, Community

H-1B Lottery Completed

The US Citizenship and Immigration Services has issued the following announcement:

April 13, 2018

Tags: News, Immigration Law, Updates, H-1B

Joseph Moore is ALFA International's "Friday Feature"

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 Attorney Successfully Defended Traumatic Brain Injury Case

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

US CIS Suspends Premium Processing for H1-B "Cap" Petitions

The United States Citizenship & Immigration Services (US CIS) has announced that it is suspending 15 day premium processing for H1-B cap cases filed on April 2, 2018 for the FY 2019 quota year, which commences on October 1, 2018. Note that only H1-B cap cases are unable to premium. H1-B extensions, transfers and cap exempt employers can still file cases using 15 day premium processing. A link to the US CIS announcement is below:

March 21, 2018

Tags: News, Immigration Law

No Medical Progress? Consider a Change in Treating Physician

By: Eva C. Roffis, Esq.

Often, we find a claim has stalled because the claimant’s treating physician is offering inadequate care. In these situations, either party may seek a change in treating physician.

In Virginia, the circumstances that justify a change in treating physician are as follows:

Inadequate treatment is being rendered;
Specialized treatment is needed and is not being provided;
A lack of progress or improvement of the claimant's condition without any adequate explanation is shown;
Conventional modalities are not being used;
No plan of treatment for a long-term disability is established; and
The treating physician fails to cooperate with discovery proceedings ordered by the Commission.

Allen & Rocks, Inc. v. Briggs, 28 Va. App. 662, 675, 508 S.E.2d 335, 341 (1998). It is also worth noting that the party seeking the change in treating physician bears the burden of establishing that a change is warranted. Apple Constr. Corp. v. Sexton, 44 Va. App. 458, 461, 605 S.E.2d 351, 352 (2004).

A successful change in treating physician application brought by the employer and carrier is illustrated in the case of Hite v. Dupont Cmty. Credit Union, JCN 2251240, 2016 VA Wrk. Comp. LEXIS 49 (Jan. 27, 2016). In this case, the claimant had been treating with her treating physician for almost ten years. The defendants filed an application seeking a change in treating physician on the ground that the claimant had not significantly improved or

March 12, 2018

Tags: News, Workers' Compensation, Medical, Physician

Administration Backs Off Proposal to Eliminate Extension of H-1B Visas Beyond 6 Year Limit

For weeks, rumors have been circulating that U.S. Citizenship & Immigration Services (USCIS) planned to eliminate extensions of stay for H-1B workers beyond the normal 6 year limit. Current law allows H-1B workers to extend their H-1B status beyond the normal 6 year limit if (1) they have an application for permanent residence that has been pending for at least 1 year, or (2) they are unable to complete the green card process because of limited “per country” quotas on green card issuance.

January 12, 2018

Tags: News, Immigration Law

2 McCandlish Holton Attorneys Named to Virginia Business Magazine's 2017 'Legal Elite'

McCandlish Holton is pleased to announce that two of our attorneys have been named in the 17th Edition of 'Legal Elite' by Virginia Business Magazine. Each year Virginia Business asks attorneys around the Commonwealth to nominate their peers for distinction in 18 categories.

December 1, 2017

Tags: News

News & Publications

McCandlish Holton Attorney Successfully Represented a Virginia Business

4 McCandlish Holton Attorneys Listed as 2018 "Rising Stars" in Virginia

Jennifer Minear Lobbied for Immigration Reform in Washington, D.C.

H-1B Lottery Completed

Joseph Moore is ALFA International's "Friday Feature"

McCandlish Holton Attorney Successfully Defended Traumatic Brain Injury Case

US CIS Suspends Premium Processing for H1-B "Cap" Petitions

No Medical Progress? Consider a Change in Treating Physician

Administration Backs Off Proposal to Eliminate Extension of H-1B Visas Beyond 6 Year Limit

2 McCandlish Holton Attorneys Named to Virginia Business Magazine's 2017 'Legal Elite'

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