Sometimes in a premises liability case it is difficult to find who the occupant is. The occupant may be the owner. The occupant may be a tenant. Or the occupant may be a relative of the …
Brien Roche
There frequently is a need to authenticate documents. That process is easier now than it was years ago. Virginia Code § 8.01-390.3 allows for authentication by affidavit. Use that …
Brien Roche
Commercial general liability insurance (CGL) used to be known as comprehensive general liability coverage. The insurance industry decided that use of the word “comprehensive” was too broad. As such we have the word “commercial”.
Structure
The …
Brien Roche
Federal Rule 35 allows for examinations in certain instances. The mental or physical condition of the party must be in controversy. In addition, the motion must demonstrate good cause. Further, the motion must specify …
Brien Roche
In a personal injury action, pre-judgment interest may be awarded. However it is up to the judge or the jury to make that decision.
Sometimes defense lawyers will argue that pre-judgment interest is …
Brien Roche
Within most insurance policies there is a condition that the insured submit to what is called an examination under oath. The Virginia family …
Brien Roche
The Virginia Guaranty Association is a state-created entity. It steps in on behalf of insurance companies that have gone belly-up. Also it has the right to defend the defendant. The defendant is the …
Brien Roche
Polarizing personal injury cases means making it clear from the outset that the defendant’s position is unreasonable.
Polarizing Personal Injury Cases- Start at the Beginning
This may begin in voir dire. For example, a plaintiff has …
Brien Roche
You may have the occasion to represent an injured party who is on Medicaid. Representing such a client presents a host of problems because some providers won’t accept Medicaid. Those providers who do …
Brien Roche
In the course of a lawsuit, there may arise an issue of what state law applies. You need to know what the so-called “conflicts rule” is for that state. In regards to tort and …