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Author Archives: Paul Fletcher

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High Court Grants An Appeal On 'Write-Offs' (access required)

The Supreme Court of Virginia has granted an appeal on an issue that has been percolating across the commonwealth for the past four years: Doctors’ “write-offs” in personal-injury cases. The oft-litigated issue is one of damages and takes into account ...

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Employment Claims May Require New Tack (access required)

FREDERICKSBURG — The “explosion” in employment-related liability claims in the past 10 years or so has led the insurance industry to respond with a new products for employers — employment practices liability insurance, or EPLI. And though EPLI coverage may ...

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Teacher Can Be Sued For Inflicting 'Distress' (access required)

A schoolgirl claiming her choir teacher “humiliated” her in front of her classmates, even though the teacher knew she suffered from depression, can go forward on claims under the American with Disabilities Act and for intentional infliction of emotional distress, ...

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VADA Is Celebrating 25 Years (access required)

The Virginia Association of Defense Attorneys will be celebrating its 25th annual meeting this coming weekend in Roanoke. The VADA’s three-day program, entitled “Defending the Next 25 Years: VADA Looks Back and Looks Forward,” will be held at the Hotel ...

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Sanctions Of $251K Assessed In Fairfax (access required)

A Fairfax Circuit judge has sanctioned a McLean landlord for over $251,000 for asserting “groundless defenses and counterclaims” in a commercial real estate dispute. The case provides one of the largest sanctions awards ever meted out under Virginia Code Sect. ...

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Fee Pact Didn't Apply To Reduction Of Debt (access required)

A contingency fee agreement did not apply where two lawyers settled a lender-liability case by renegotiating and reducing their clients’ debt by $452,000. The lawyers told the clients that their agreement applied and had him sign a note secured by ...

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The Last Word On The Bowman Doctrine? (access required)

The Supreme Court of Virginia just handed down its latest decision on a Bowman wrongful-discharge claim, named for the 1985 decision that allowed a public-policy exception to Virginia’s employment-at-will doctrine. Read the opening line and see if you can predict ...

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Car Agency Must Give Primary Coverage (access required)

A self-insured rental car agency must provide primary liability coverage to a driver who rents then wrecks one of its cars, a Loudoun County Circuit judge has ruled. The driver’s own insurance company defeated a common tactic used by rental ...

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