Monthly Archives: September 2012

Brien Roche Law > Blog > 2012 > September
Nursing Home Arbitration Requirement

  Nursing Home Arbitration Requirement Nursing home arbitration requirements have been the subject of some litigation over the last many years.  Many nursing home contracts contain a mandatory nursing home arbitration clause requiring that any disputes between the patient and the … Continue reading

Res Judicata Defined

Res Judicata Defined Res judicata is a concept that is similar to collateral estoppel which was addressed below. Res judicata can also be thought of as claim preclusion meaning that certain claims may be precluded from being relitigated if in … Continue reading

Grossly Negligent Behavior

The concept of gross negligence becomes important because in regards to certain governmental entities they may not be liable for acts of ordinary negligence but they may be liable for acts that rise to the level of gross negligence. In … Continue reading

Contributory Negligence Bar Recovery

Contributory negligence is a bar to recovery in most negligence cases according to injury attorney Brien Roche.  The only exception to that is if the defendant’s negligence rises to the level of what is called willful and wanton conduct.  Willful … Continue reading

Auto Accident Attorney Fairfax

An auto accident attorney in Fairfax, Virginia is probably a bit more busy than attorneys in many other parts of the state because of the level of congestion in this area.  Although the roads throughout the Fairfax area tend to be quite … Continue reading

Personal Injury Lawyers

Personal injury lawyers  focus principally on vehicle accident claims whether they come in the form of motor vehicle collisions, truck accidents, bicycle accidents or pedestrian accidents. Some personal injury lawyers expand the scope of their practice and go beyond the … Continue reading

Rebuttal Witnesses

The Use of Rebuttal Witnesses Rebuttal witnesses are very common in civil litigation.  At the conclusion of the defendant’s case, the plaintiff may choose to call rebuttal witnesses for the purpose of rebutting something that was brought up anew during the defendant’s … Continue reading

Texting Not Reckless

Texting Not Reckless In One Fairfax Case On May 15, 2011 a young man by the name of Jason Gage rear-ended a vehicle that had been driven by another young man by the name of Kyle Rowley.  Rowley had run … Continue reading

Slander Per Se

Slander per se is actionable without proof of what are called special damages. Slander is a form of defamation.  In general, defamation is any false statement which produces injury to a person.  Defamation can come in the form of oral statements in … Continue reading

Fraudulent Misrepresentation

Fraud in the legal context is a frequently misused allegation.  Fraud, or what is also called fraudulent misrepresentation,is somewhat akin to lying.  However, from a legal point if view it is slightly different.  Technically what fraud is is an intentional … Continue reading

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