By: Stephen E. Baril & William A. Grey Virginia‘s 2013 General Assembly session has now concluded.  A package of Tort Reform bills met with mixed results—some passing, and other’s failing.  The bills that did pass (discussed below) will impact civil practice in Virginia, and should be of interest to business and insurance clients.  Of particular [...]

By: Ian Lambeets On January 1, 2013, a new rule passed by the Supreme Court of Virginia governing voir dire in civil trials took effect.  Rule 3:22A, in essence, will both expand and standardize the scope of questioning permitted during voir dire across all of Virginia’s circuit courts.  In the past, the scope of voir [...]

By: Ian Lambeets On February 22, 2013, Judge Michael Urbanski from the United States District Court for the Western District of Virginia—Harrisonburg Division, rendered his opinion in the case of Parks v. Discount Box and Pallet, et a.l, No. 5:12cv081 (W.D. Va. Feb. 22, 2013).  At issue in the case was whether to enter a [...]

By: Henry Spalding In my law practice, I am frequently called upon, at different times, to represent both builders and their insurance carriers in construction defect lawsuits.  Whether such claims are covered under a commercial general liability (“CGL”) policy raises a number of complicated questions.  This article will focus on some of the more common [...]

     Among liability defense counsel and those in the liability insurance industry, the City of Richmond has a long standing, widely-held reputation as one of the most plaintiff-friendly jurisdiction in Virginia, with a higher likelihood of jurors finding liability and awarding a big judgment. However, the Virginia Lawyers Weekly published the results of their annual [...]

[ed. note: THE INFORMATION IN THE ARTICLE BELOW DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. AS ALWAYS, THE RESULTS WE HAVE ACHIEVED DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. BECAUSE EACH MATTER IS DIFFERENT, OUR PAST RESULTS CANNOT PREDICT OR GUARANTEE A SIMILAR RESULT IN THE FUTURE.] By:  Ian [...]

  Hat tip to the Virginia Lawyers Weekly for covering a story about a recent case that may have a far-reaching impact on the doctrine of respondeat superior in Virginia. The Supreme Court of Virginia has granted certiorari in a case out of Portsmouth Circuit Court, Westermann v. Bermisa M.D. (Va. Lawyers Weekly subscription needed) [...]

By: Terrence L. Graves In a recent decision from the United States District Court for the Eastern District of Virginia – Alexandria Division, summary judgment was granted to a defendant based upon the assumption of the risk of the plaintiff.  In the case of Raymond S. Burns, Jr. v. Washington Metropolitan Area Transit Authority, decided [...]

Author:  Sarah Warren Beverly In an opinion that the Virginia Supreme Court handed down in March of this year, Justice Powell, writing for the majority, held that counsel for the plaintiff, in his closing argument, was permitted to assign a fixed dollar amount for each element of damages sought. Wakole v. Barber, 283 Va. 488, [...]

Tomorrow, May 10,  Virginia Lawyers Weekly will recognize a couple of dozen women selected as the 2012 class of Influential Women of Virginia. This is the fourth edition of their statewide recognition and the second straight year another of our lawyers is included. We’d like to give a hearty “Hoorah” to Ann Neil Cosby, who won [...]