Safety and Health Reporter

Admitting Liability
Brien Roche

In any liability case you basically have to prove two things.  The first of those two things is liability.  Liability means fault or some substandard behavior.  More often it is simply referred to as negligence.
The second …

Attorney Work Product Doctrine

Brien Roche
The attorney work product doctrine is somewhat difficult to define.  In fact it probably should not be called the attorney work product doctrine.  It really should be called the work product doctrine.  It’s a …

Constructive Notice through Federal Register

Brien Roche
The Federal Register is an official publication of the U.S. Government.  It in effect is the government’s newspaper.  By “newspaper” I mean it is the government’s way of circulating to the general public …

Expert Healthcare Testimony

Brien Roche
In the course of preparing a case, there may be times when you need testimony from a healthcare professional who is not a medical doctor.  That raises the question as to exactly what that person …

Clothing Fires

Brien Roche
Clothing fires involving adult clothing can be difficult cases.  There are federal flammability requirements set forth in 16 C.F.R. § 1610, et seq. and 15 U.S.C. § 1191, et seq..
These cases are expensive and are somewhat …

Legal Resources

Brien Roche
There are a number of helpful legal resources that one might turn to for assistance.  
Legislative Information System
This service gives you access to the Virginia Code, the Virginia Administrative Code and information about the sessions of …

Finding Corporate Culprits
Brien Roche

Sometimes identifying the correct defendant is a difficult task.  That defendant may be a corporation.  It may be an LLC.  It may be a partnership  or a sole proprietorship that trades under a trade name.  It may …

Sureties and Guarantees

Brien Roche
Sureties and Guarantees:  Primary and Secondary
A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor.  The surety undertakes directly for the payment.  The surety is …

Unconscionability

Brien Roche
Unconscionability is a concept that applies mostly in contract matters.  However it can have some application to tort issues.
The basic concept is that the agreement or result is so unfair that it cannot be allowed to stand.  
Unconscionability-Criteria
A …

Economic Testimony
Brien Roche

Frequently in an injury case or death case, economic testimony is necessary.  That testimony may come from a CPA.  It may come from an economist.

There are several ways to approach their calculations.  
Economic Testimony – Factors
The first …

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