Insurance policies are contracts. They are simply agreements. No different than most other contracts. What follows is an explanation of contract law and some incorporation of insurance contract law. First, some general definitions. A contract is an agreement between two … Continue reading
Construction contractors and tradespeople are required to be licensed in Virginia. Virginia Code § 54.1-1103(A) requires that “[n]o person shall engage in or offer to engage in contracting work or operate as an owner-developer unless he has been licensed or … Continue reading
In police abuse of force cases, the officer may raise a defense of qualified immunity. That defense is an affirmative defense. The burden rests on the defendants to prove it. Gomez v. Toledo, 446 U.S. 635, 639-641 (1980) Police Qualified … Continue reading
In any case there is a certain standard of proof. In most civil cases, the standard of proof is probability. Probability means greater than 50%. Sometimes the term “greater weight of the evidence” is used. Other times “preponderance of the … Continue reading
There are lots of rules that are applicable to cross-examination. Rules can be good. However as is so often the case, rules are swallowed up by the exceptions. If they’re not swallowed up by the exceptions then they are forgotten … Continue reading
Gunmakers are generally considered to be immune from liability. What protects them is a federal statute called “The Protection of Lawful Commerce and Arms Act” (PLCAA). PLCAA does have several exceptions. One of them was exposed during a recent settlement … Continue reading
In any small business, the idea of a capital account is important. It is the amount of funds and assets invested by the owners plus a reflection of profit distributions due to that owner. In the case of company losses, … Continue reading
On December 15, 2010 the Center for Disease Control and Prevention reported that one in six people in the U.S. get sick from food illness every year. Nearly 3,000 people die from such illnesses each year. Although these figures are … Continue reading
In personal injury cases it’s quite common that attorneys use an expert witness. They may be used either by the plaintiff or the party being sued. An expert witness is a witness who either by reason of education, training or … Continue reading
Insurance policies tend to follow certain basic formats. The first part is the insurance agreement. Within the insurance agreement there is a definition as to who and what is covered. Next comes the definitions. Next may come certain exclusions. Exclusions … 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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