Virginia Law

Contracts are critical to commercial relationships, but unforeseen events, such as high tariffs, can disrupt performance. This article discusses how Virginia courts may handle doctrines like force majeure, commercial impracticability, and frustration of purpose, and explores related issues such as price adjustments, tariffs as taxes, and cost allocation.  It includes considerations that apply to contract drafting, contract interpretation and contract litigation. Doctrines to Excuse Performance Under a Contract in Virginia Excuse of performance obligations evidenced by a written contract is an option in light of extraordinary circumstances when renegotiation may not be an option. Courts often strictly interpret force majeure […]

Work-related injuries occur in an endless and variety of ways. In those instances where injuries happen when an employee is in the course of his/her employment and the accident arises out of a risk of that employment, workers’ compensation benefits should be available to the injured worker. If the actual injuries themselves were “caused” by a defective product or the negligence of a third party, then the injured employee can collect both workers’ compensation benefits and recover money damages against the third party at the same time. At first blush, Virginia law on this subject might seem like a double […]

Republished with permission of the Virginia State Bar. Relatively few civil cases are tried to verdict these days, so jury instructions may almost be an afterthought in the minds of many litigators. Of the cases that are tried, many are repetitive type cases in which an experienced litigator likely knows the instructions by heart, and can recite them – so jury instruction issues are almost incidental. But for cases that veer from that track, and for newer lawyers, jury instructions should be a very significant factor throughout the entire case from start to finish. Knowing your ultimate desired instructions is […]