Virginia Supreme Court Considers Evidence Necessary to Get Gross Negligence Case to a Jury

By: Terrence L. Graves.

Recently, the Virginia Supreme Court issued an opinion in the case of Elliott, Administrator of the Estate of Smith v. Carter.  The opinion was authored by Justice Goodwyn and flowed from an appeal of a case that was originally dealt with in the Circuit Court for Richmond County. The case came out of the tragic […]

 

What Is the Impact of NHTSA Automated Vehicle Policy on Transportation Liability?

By: Chris Jones.

On September 19, 2016, the National Highway Transportation Safety Administration (NHTSA) issued a Policy regarding automated vehicles.  NHTSA issued the Policy for the purpose of providing guidance to the states, manufacturers, and the public at large over how best to address the variety of challenges posed by the continued progress of automated vehicle technology.  These […]

 

Cybersecurity Experts to Congress: It’s Time for Guidance

By: Chris Jones.

On October 21, 2016, millions of internet users across the United States were prevented from accessing a number of popular websites, including Amazon, Netflix, Spotify and Twitter.  The reason?  A hacker had previously released the source code for Mirai malware on the dark web, a vast and anonymous network for illegal activity.  Mirai is designed […]

 

Corporate Designee Deposition: Elevated Duty Imposed on Corporate Designee Provides Reprieve from Oppressive Discovery Tactics

By: David W. Hearn.

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 […]

 

Fourth Circuit Finds CGL Insurer Has Duty to Defend Cyber Claim

By: Chris Jones.

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, […]

 

Subrogation in Data Breach Cases: Vendor Vulnerability and Practical Prevention

By: Chris Jones.

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 […]

 

Supreme Court Declines to Penalize Plaintiff for Failure to Correct Misnomer

By: Chris Jones.

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 […]

 

Varity Corp. v. Howe: Alive and Well Despite Amara!

By: Chip Delano.

 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 […]

 

Virginia Supreme Court Expands Scope of UM/UIM Coverage

By: Chris Jones.

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 […]

 

Virginia Supreme Court Decides Punitive Damages Case

By: Terrence L. Graves.

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 […]