Virginia’s “ever-evolving discovery rules”[1] necessarily afford counsel wide latitude within which to maneuver in undertaking their duty to zealously advocate. The rules, however, also furnish aggrieved parties with effective means to combat oppressive discovery practices initiated by attorneys who seek to gain an unfair advantage and those who are merely dilatory in undertaking discovery. In […]

In Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, L.L.C., 2016 U.S. App. Lexis 6554, decided on April 11, 2016, the United States Court of Appeals for the Fourth Circuit found that a commercial general liability insurer has the duty to defend its insured against a cybersecurity claim. The Underlying Suit On April 18, […]

Written by Chris Jones and David Boyce “Customer data is often a liability rather than an asset” observed Johns Hopkins cryptographer Matthew Green in a recent tweet. A liability indeed, not only for the corporate victim of a breach, but also for an ever expanding list of potential third party defendants. The collection and retention […]

Linda Richmond alleged injuries from an April 12, 2009 auto accident that occurred when her vehicle was struck by a vehicle driven by Katherine E. Volk. The vehicle operated by Volk was owned by Jeannie Cornett. Richmond filed her Complaint on February 28, 2011, erroneously naming “Katherine E. Cornett” as the defendant. In January of […]

 This article originally appeared in The Voice, Vol. 15, Issue 4 (January 27, 2016), a publication of DRI. It appears here with permission. It’s a common fact scenario that many of us frequently face these days: a plaintiff’s complaint makes two claims under ERISA, a claim for plan benefits under § 1132(a)(1)(B) and an equitable claim […]

In an opinion issued on September 17, 2015, Est. of Slone v. Selective Ins. Co. of America, et al., the Virginia Supreme Court effectively expanded the scope of UM/UIM coverage in Virginia. Slone was filed as a declaratory judgment action that stemmed from a wrongful death case. The Roanoke County Circuit Court held that two […]

In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not favored and should be awarded only in cases involving egregious conduct.”  The instruction that was offered by the […]

Numerous amendments to the Federal Rules of Civil Procedure will come into effect on December 1, 2015. The amendments are to Rules 1, 4, 16, 26, 30, 31, 33, 34, 37, 55 and 84. These amendments will have a variety of effects on the preparation of cases and the handling of potential claims. The following is a summary of the more […]

Virginia has made changes to its underinsured motorist law that will take effect on July 1, 2015. The changes come with the addition of Va. Code § 8.01-66.1:1, and with amendments to Va. Code § 38.2-2206. The major impact of these changes is that they shift the burden of defending a suit to the underinsured motorist […]

How does the law apportion responsibility when someone is injured by an automated machine?  In the past, this question has come before courts only rarely, and in the context of accidents involving elevators or airplane autopilots.  In the near future, however, as automated road vehicles enter the marketplace, this issue will become increasingly prevalent in […]