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. Being unable to testify may be a result of injury, amnesia, treatment, medication … Continue reading
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 for every type of estoppel. If you have ever been a tenant … Continue reading
Contributory Negligence Bar-Substantial Fault Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. The exception to that is where the plaintiff’s own evidence gives rise to this defense. In that … Continue reading
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 payment made to the plaintiff is not admissible. In other words a … Continue reading
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 something of value that he is holding on behalf … Continue reading
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 an important document. In most cases that important document … Continue reading
Apparent agency means just what the term says. That is, someone appears to be the agent of another. What appears to be however is not always so. Apparent Agency and Estoppel Sometimes apparent agency is referred to as agency by … Continue reading
A contract is an agreement between two or more people for consideration. Consideration is the tit-for-tat. It is the quid pro quo. In a more common sense way, it is simply the meat of the bargain. Meeting of the Minds … Continue reading
Online jury research is a powerful tool. The process of asking questions of jurors prior to them being selected is helpful. Any such questioning however tends to be somewhat shallow. In addition most judges in Virginia limit the amount of … Continue reading
Electronic discovery (e-discovery) is now the norm in many lawsuits. The new law on spoliation has made the task of keeping records a greater burden. To avoid any adverse rulings on whether proper care was taken to preserve documents, lawyers … 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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