An Overview of Sovereign Immunity Sovereign immunity is a tough concept in Virginia. It goes back to the days of the King. The King was immune from suit. That immunity has continued to the modern day. As a result some … Continue reading
The economic loss rule was designed to prevent a buyer of goods from suing either in negligence or strict liability when the damage was to the goods alone. The rule attempts to maintain the divide between contract and tort. In other … Continue reading
I am sometimes amazed with the varying takes that Judges have of the Rule on Witnesses. I have seen the Rule applied so that counsel is not allowed to communicate with any witness or party once that person has been … Continue reading
Several states across the country have laws that impose caps on the amount that can be recovered in injury cases. The caps have been imposed both as to compensatory awards and also punitive awards. Challenges to Damage Caps The attempts to … Continue reading
Legal Precedents Legal precedents are decisions by an appellate court that create binding law on lower courts. In July of 1839 a ship full of 53 African slaves known as the La Amistad was wracked with rebellion. The slaves revolted … Continue reading
Pooled Special Needs Trust have been around for quite some time. They are to be distinguished from Individual Special Needs Trusts. The latter are overseen by an individual or corporate Trustee. Pooled Special Needs Trust Preserve Public Aid The overall idea … Continue reading
Res Judicata Defined Res judicata is a concept that is similar to collateral estoppel. It can also be thought of as claim preclusion. In other words claims may be precluded from being heard again if in fact they have already … Continue reading
The Use of Rebuttal Witnesses Rebuttal witnesses are very common in civil suits. At the end of the defendant’s case, the plaintiff may choose to call rebuttal witnesses. They may be called for the purpose of rebutting something that was brought … Continue reading
Remittitur Defined by Injury Attorney Remittitur is a concept that allows a Judge to reduce a verdict. If the Judge finds that the verdict is shocking to the conscience and/or not supported by the evidence some of the verdict may … Continue reading
Constructive Knowledge Is Key The term “constructive” is used on a frequent basis in the law. It is comes from the word “construe”. To “construe” something means to find the meaning. When you hear the term constructive knowledge or constructive … Continue reading
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
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