These are Christopher K. Jones's posts

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel.  According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds when, without making any contact with the toilet tank, the tank lid suddenly fell.  The lid broke […]

 

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

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

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 […]

 

Fourth Circuit Finds CGL Insurer Has Duty to Defend Cyber Claim

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

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

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 […]

 

Virginia Supreme Court Expands Scope of UM/UIM Coverage

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 […]

 

Changes to Federal Rules of Civil Procedure Effective December 1, 2015

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 […]

 

Changes to Virginia UM/UIM Law

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 […]

 

Driverless Cars Have Come to Virginia: Considerations for Automated Vehicles

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 […]