Yearly Archives: 2021


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 … Continue reading

Economic Testimony

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 issue … Continue reading

Expert Witness Financial Data

Getting financial data on an expert witness to show a substantial relationship with a party is important.  That substantial relationship may be with an insurance carrier.  It may be with the opposing attorney.  Also it may be with a party … Continue reading

Testimony of Treating Doctors

Calling a plaintiff’s treating physician as a witness can be a problem.  Under Virginia Code § 8.01-399 the doctor may be limited to testifying to what is in the treatment record.  If the treating doctor is called by the plaintiff, … Continue reading

John Doe Actions

John Doe actions in Virginia are normally limited to uninsured motorist (UM) cases.  That is, if the at-fault motorist does not stop at the scene and therefore is not identified, then your suit may be against John Doe.  Service should … Continue reading

Reasonableness of Medical Bills

In a Virginia personal injury action, there may arise issues of the reasonableness of medical bills.  Sometimes what the defense will do is to challenge reasonableness on the grounds that the bills are too high.  That challenge may have some … Continue reading

Pleading Admissibility

On occasion there arises an issue of the admissibility of pleadings.  Virginia Code § 8.01-381 says that no pleading is to be carried from the courtroom by the jury.  That means that a copy of the Complaint will not be … Continue reading


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 v. Meyer, 299 … Continue reading

Useful D.C. Laws

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 addition Chris’ brief description of … Continue reading

Personal Injury from New Construction

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.  In Tingler v. Graystone Homes, Inc., 298 Va. 63, … Continue reading

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