Brien Roche
These exams must be done by a neuropsychologist who is a licensed clinical psychologist i.e. a health care provider. Rule 4:10 requires such. The exams are a number of tests. …
Brain injury experts may be either neurologists, neurosurgeons, physical medicine doctors or neuropsychologists. The proposed cross examination below is designed for the first three. Cross of a neuropsychologist must be …
The concepts of vicarious liability and scope of employment are related. However they are not identical. If one is within the scope of employment then there will be vicarious liability. …
Successor liability claims are based upon the idea of one entity/individual acquiring assets of a seller resulting in the seller avoiding to have to pay a creditor. The successor does not …
Brien Roche
The Virginia Dead Man’s Statute is misnamed. It really doesn’t apply just to dead men. Rather it applies to cases where a person is not able testify. …
Brien Roche
An estoppel is an act or statement by one party which causes another to change position to their loss. Not all of those elements must be present …
Brien Roche
Contributory Negligence Bar-Substantial Fault
Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. …
Brien Roche
Collateral Source Cases-Tort
The collateral source rule is a rule of evidence. It should be called the source of payment rule. It says that any collateral or side …
Brien Roche
Fiduciary Duty Cases
The word ‘fiduciary’ literally means purse. A fiduciary duty relates to a purse or money. That is, something of value. The person who has the fiduciary duty has …
Brien Roche
Complete Analysis of Craving Oyer
A motion craving oyer is an old form of pleading in Virginia. The purpose is to compel the other party to attach to the initial pleading …