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 be a wholly-owned … Continue reading
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 responsible … Continue reading
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
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
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
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. That problem is then further compounded in that some … Continue reading
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
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
In the tri-state area that we live in, Med Pay/PIP coverage is confusing. Med Pay stands for medical payments coverage. More precisely as that term is used in Virginia, it is medical expense benefits coverage. However the term is limited … Continue reading
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
“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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