Archive for the ‘Circuit Courts’ Category

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

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 […]

 

Early Termination of Annuities Not Permitted

Since investing can be a risky business with investments dropping in value from time to time, investors seeking steady income with minimal risk are sometimes attracted to an annuity’s guaranteed-income feature.  A recent case from the Western District of Virginia, however, illustrates why an investor should first research whether an annuity is the right choice […]

 

Preserving a UM/UIM Carrier’s Right to Defend

[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 […]

 

Supreme Court of Virginia Grants Cert in Respondeat Superior Case

  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) […]

 

The Western District permits evidence of future lost earning capacity of a minor

An interesting article by Sarah Warren Beverly, a Sands Anderson litigation attorney, analyzing a recent federal court decision from Judge Jones that addresses a minor’s ability to claim loss of earning capacity as a component of damages: The plaintiff bears the burden to prove his or her damages with “reasonable certainty.” Gwaltney v. Reed, 196 Va. 505, 507, 84 […]

 

Delano Win Gets National Attention

The Voice, the house organ of the Defense Research Institute (DRI), the national organization for members of the defense Bar, put out a nice writeup of Chip Delano’s ERISA case of Mullins v. AT&T Corp.. You can download the whole article right here. We’re pleased both for Chip’s results for our client and that he was […]

 

Risk Management 2010 Year in Review

THE INFORMATION CONTAINED IN OUR WEB SITE DESCRIBES LEGAL MATTERS HANDLED IN THE PAST BY OUR ATTORNEYS. OF COURSE, 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. As we move […]

 

School Officials May Be Liable For Suicide of Student Who Was Bullied

Should we turn up the heat on school administrators to protect younger students from bullying by imposing civil liability for suicides that result from a student’s harassment at school or is this the wrong vehicle for finding ways to increase protections to students harassed by other students in ways that are outside the protections of Title IX? Do school officials have a duty to keep kids physically safe from bullies, but leave kids like Clementi unprotected from cyber bullies?

 

Supreme Court Holds That “Close Enough” Counts When Naming Parties to Suit

Research and analysis by Eric Howlett, summer associate at Sands Anderson, PC. Eric is a student at the Washington and Lee University School of Law. On June 7, 2010, in Krupski v. Costa Crociere S.p.A., No. 09-337, slip op. at 1 (U.S. June 7, 2010), the Supreme Court of the United States held that “relation […]