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
FOIA stands for the Freedom of Information Act. Both the U.S. and all 50 states have FOIA laws. The laws at the state level differ from state to state. You need to know the details of your state law to … Continue reading
A spinal injury can be life-altering. It impacts lives of victims short-term and long-term. Spinal injuries create a host of health problems. The spinal cord begins at the base of the skull. It extends to the lower back. It is … Continue reading
This posting deals with a number of product liability issues not addressed in the other page by that name. Also see the page on human factors for more info. Product Defect Cases and Federal Preemption The Preemption Doctrine states that … Continue reading
Spoliation of evidence issues can arise in any case. If a person has evidence that bears directly on how an incident occurred he has a duty to use care to preserve it. At least if it is likely the … 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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