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Read that policy closely: Changes ahead for accident coverage
WHITE SULPHUR SPRINGS, W.Va. – New laws that increase the available coverage in auto insurance policies will mean more compensation to those injured in Virginia auto accidents. But the devil is in the details, and lawyers will have to parse insurance policies closely, particularly effective dates, according to a recent report from the Virginia Trial […]
Va. Senate paves way for class actions in state courts
Virginians would be able to try class action lawsuits at the state level under a bill passed by the Virginia Senate this month. Senate Bill 1180, introduced by Sen. Scott Surovell, D-Fairfax County, would amend Virginia Code § 8.01-267.1 to permit class actions in state courts. Presently, class actions are allowed only in Virginia’s federal […]
Carriers have no pre-trial duty to settle
The Supreme Court of Virginia has resolved a long-simmering split among circuit courts on whether auto accident victims can insist on a good faith settlement offer from their own insurance companies when a wrongdoer cannot cover the damages. Insurance companies handling uninsured or underinsured claims from their own policy holders do not owe a good […]
Plaintiffs’ bar welcomes nursing home arbitration ban
An issue that divided Virginia trial courts for more than a decade may have been resolved by federal edict. A federal agency last month banned the use of arbitration clauses in nursing home contracts, outlawing a predetermined agreement to resolve claims of neglect and abuse in closed-door proceedings. Lawyers for nursing home patients hailed the […]
Nursing-home policy docs denied
The Supreme Court of Virginia says procedural rules block wrongful death plaintiffs from court-mandated access to nursing home policies and procedures. The July 14 ruling in Cherrie v. Virginia Health Services Inc. (VLW 016-6-056) highlights efforts by patient’s lawyers to use Virginia health regulations to uncover policies and procedures at healthcare facilities outside of the […]
The Empty Chair
Despite a plea from trial lawyers for guidance on when a defendant can cast blame on outsiders in a tort case, the Supreme Court of Virginia’s latest ruling on the issue of superseding cause is unlikely to resolve the issue. The court ruled 5-2 on June 16 that a water heater manufacturer could point to […]
Judge could not block revival of lawsuit
A dormant lawsuit – abandoned by the parties for four years – could be revived by the plaintiff by following a prescribed reinstatement procedure despite a judge’s misgivings. That was the ruling of the Supreme Court of Virginia, an outcome urged by the Virginia Trial Lawyers Association . The result should be uniform application of […]
Children as witnesses demand extra attention
Children caught up in the court system need special care, according to a law professor who specializes in juvenile justice. And advocates say a new law approved by the 2016 General Assembly signals that legislators may be paying attention to that message. Law Prof. Julie E. McConnell offered advice this month on handling child witnesses […]
Jack of all trades
Superlatives are easy to find when asking about the contributions of Jack L. Harris to the Virginia Trial Lawyers Association. “Stellar.” “Legend.” “A perfect fit for the job.” The accolades flow when you ask colleagues and co-workers about Harris and his 38 years of service to the bar and the ideal of justice. At the […]
Richmond’s Grana to lead VTLA in 2016-17
HOT SPRINGS —The Virginia Trial Lawyers Association elected its officers and members of the board of directors for 2016-17 at its annual convention at The Homestead earlier this month. Stephanie Grana of Richmond is the new president and Charlottesville’s Lee Livingston is president-elect. The new vice-presidents, are, in order: Bryan Slaughter Jason Konvicka Elliott Buckner […]
Getting an Uber to come to the courthouse
HOT SPRINGS — As travel options multiply, the world grows more complex for lawyers representing travelers whose journeys ended badly. The proliferation of ride-booking services such as Uber and Lyft has spawned a new and unique regulatory scheme and corporate framework that could put hurdles between an injured traveler and full recovery. Lawyers need to […]
O’Brien named as new VTLA exec
A familiar face has inherited the top office at the Virginia Trial Lawyers Association as long-time executive director Jack L. Harris retires this year. Valerie O’Brien, the chief operating officer at the VTLA, took the reins this month. Her selection by the board was an “absolute consensus,” according to board member and former VTLA president […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
