Archive for the ‘insurance defense’ Category

Virginia Supremes Cite Specific Duty by Parent’s Assent

[Editor's note: This article is the work of Andrew H. Wilson of our Risk Management team] On November 5, 2009 , Kellermann v. McDonough, Record No. 081718 (Va. filed November 5, 2009), the Supreme Court of Virginia expressly held for the first time that “when a parent relinquishes the supervision and care of a child [...]

 

Fourth Circuit Says Parties Bear the Risks of Removal to Federal Court

Attorneys advising clients on the strategic value of removal to Federal court are free to advise their clients without risking the threat of sanctions in the event the case is remanded back to state court after removal. Instead, clients bear the risks of sect. 1447′s award of costs and fees, which puts the client back [...]