Safety and Health Reporter

Misnomers

Brien Roche
Misnomers in Virginia can be troubling.  Technically a misnomer is where you sued the correct person or entity but you simply misnamed them.  For instance identifying a person by the wrong first name is simply a misnomer.  Hampton …

Useful D.C. Laws

Brien Roche
Chris Figueras of the D.C. Trial Lawyers Association in July of 2021 published to the membership a listing of various D.C. laws that are helpful. Also they are frequently used.  Below is that listing. In …

Personal Injury from New Construction

Brien Roche
The so-called “modern view” says that defective original construction of a home which causes injury is actionable, provided the injuries from the work are foreseeable.  No big surprise Virginia has rejected that.  …

Defending Plaintiff’s Deposition

Brien Roche
Insurance defense lawyers are typically seasoned trial lawyers.  They are also quite adept at taking depositions.  They take a lot of depositions.  Defense counsel tend to develop a routine.  Among the defense bar there tend …

Personal Injury Surveillance

Brien Roche
Surveillance in personal injury cases is not quite as common as it used to be.  It still is used by insurance carriers. 
It’s a very dangerous defense tactic.  It is fraught with deception.  For …

Personal Injury Jurisdiction

Brien Roche
The U.S. Supreme Court established the concept of modern personal jurisdiction in International Shoe.  Over the last several years the court has shifted gears on what are referred to as “general” and “specific jurisdiction”  General jurisdiction …

Eggshell Head Plaintiff

Brien Roche
The concept of an eggshell head plaintiff is known to most attorneys.  It refers to a client who was injured who has pre-existing sensitivities.  That doesn’t necessarily mean that the person has a …

Construction Accident-Wrongful Death

Brien Roche
On February 17, 2021 at approximately 7:30 p.m. a construction worker fell to his death.  The fatality occurred in the 1700 block of T Street, NW, Washington, DC.  The worker fell from the …

Daubert Standard
Brien Roche

The Daubert standard was adopted in the federal system in 1993.  The case is Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). 
Daubert has never been adopted in Virginia.  In addition the Virginia Code at section …

Treating Traumatic Brain Injury

Brien Roche
Treating traumatic brain injury has evolved over the years.  Most doctors now recognize that treatment must be closely integrated with emphasizing that the patient gets adequate …

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