The Library

Cody’s chance to live a normal life ended at birth when a maternal infection went undiagnosed by doctors. His birth ushered in the beginning of a crushing legal and medical battle for his parents to get the assistance he was owed.  The family initially sought relief from the Virginia Birth Injury Fund (VBIF) — a no-fault insurance system that is supposed to cover expenses for victims of birth-related injury in Virginia. The General Assembly created the program in 1987 as a tort-reduction effort designed to keep malpractice lawsuits out of courts and cap awards for plaintiffs. The fund pays claimants […]

Mattawoman Energy, LLC v. Cove Point LNG, LP (August 6, 2024) Discovery can be a time-consuming, costly, and laborious process. In many cases, discovery requests seek information that is sensitive, confidential, or difficult to produce. The party on the receiving end of a voluminous set of discovery requests can hardly be blamed for wanting to avoid responding wherever possible. But when is it appropriate for a trial court to narrow the scope of discovery to specific issues in the case? In August, a three-judge panel of the Court of Appeals of Virginia issued a new memorandum opinion reversing a circuit […]

Gone are the days when intellectual property was consigned only to the scientific inventors, artists, and advertising agencies of the world. Now, over thirty years have passed since the public was introduced to the world wide web, and the internet has permanently changed societal, cultural, commercial, and legal norms. Computer software and technology falls squarely under the vast umbrella of U.S. intellectual property (IP) law, but those laws affect far more than software developers and tech companies. Most businesses encounter numerous intellectual property concerns every day, and, yet many remain unaware of the benefits and pitfalls they face. Here are […]

So you think you have been the subject of medical malpractice? How do you know if this could be a potentially successful case?  First, you must make sure that your statute of limitations has not run.  Generally, Virginia gives two years from the date of the incident to file a medical malpractice case.  There are certain exceptions to this rule, but generally, the two-year rule is the one to follow.  For example, if a doctor operates on the wrong leg, then most probably your statute would run two years from the date of the surgery on the wrong extremity.  Two […]

Most of us have signed liability waiver forms before participating in certain activities. We encounter these forms in various circumstances and more often where companies engage in dangerous or high-risk activities. The following industries are more likely to require customers/visitors to sign liability waiver forms prior to engaging in the offered activities: Musical performances/concerts Zoos Athletic events Amusement parks Health and fitness clubs Wall climbing entities Sporting events School field trips Trampoline parks Outdoor park activities/adventures Water parks A liability waiver form may also be referred to as a release, waiver, release agreement, or disclaimer, among other things. When you […]

Article originally published by Valley Business Front in Issue 193, October 2024: Valley Business FRONT, Issue 193, October 2024. In the 35 years that I have represented Virginia businesses and executives in workplace matters and litigation, I have lost count as to the number of times I have heard someone say words to the effect that non-compete agreements are “unlawful” in Virginia. (Spoiler alert: they can be lawful.) This article provides answers, and an update. As a General Statement, Non-Compete Agreements may be Valid in Virginia if Narrowly Tailored to Prevent Direct Competition. It is true that restraints against competition […]

Accidents caused by tractor trailer drivers and others involved in the transportation of goods on interstate highways is a growing concern. Despite the advancement of technology, such as Collision Avoidance Systems, onboard inward and forward-facing video cameras, and electronic driver records of duty status, crashes continue to occur at an alarming rate. Impact of a Tractor Trailer Collision The National Highway Traffic Safety Administration (NHTSA) has reported a growing number of deadly truck crashes. In fact, in 2021, there was a 13% increase in the number of deaths caused by tractor trailer crashes. In 2021 alone, there were over 5,600 […]

You’ve been injured in a Virginia car or truck crash. Let’s say the at-fault driver has the minimum auto insurance coverage under Virginia law, which is currently $30,000 and is set to increase to $50,000 on January 1, 2025.[1] But you have over $110,000 in medical bills. What do you do? Does Virginia law allow you to sue your own car insurance company? On these facts alone, you cannot sue your own car insurance company. However, under Virginia law, there are two ways you can recover compensation from your own car insurance company: (1) through your auto policy’s uninsured (UM) […]