The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment. The exceptions to that are three in number. The first one is where … Continue reading
Virginia Judicial Notice-Shortcut Judicial notice is a form of a judicial shortcut. That is to say that there will be no need for formal proof where judicial notice is taken of something. Formal proof would simply be a waste of … Continue reading
I like to call them the “twelve week experts”. They are so common among defense medical doctors that I think they deserve that name. These doctors testify for the defense. Their testimony is much the same from case to case. … Continue reading
Sports Personal Injuries May Require Expert Testimony Sports injuries are part of the risk of participation. However that assumed risk may not bar an injury claim. For instance if there is some reckless disregard by the person that causes the injury. … Continue reading
Slip and fall cases can involve slipping on ice or snow, wet floors, tripping over a torn carpet or uneven surface or stepping into a pothole. If you have been the victim of such an injury, you may have basis … Continue reading
Elevator escalator accidents can result in long-term injuries. There are hundreds of thousands of elevators across the U.S. However the number of escalators is less. In addition, the CPSC says there are about 20,000 elevator escalator accidents per year in … Continue reading
I wish I could claim actual authorship of what follows. However I cannot. Also I don’t know who the author is of what follows. However it is an article that I found in one of my files. The article is … Continue reading
Secret settlements and secrecy in lawsuits are common. However they can be dangerous. Remington Firearms Company knew of hundreds of documented deaths and injuries. They were caused by defects in their Model 700 trigger mechanism. They concealed this flaw for … Continue reading
In a case brought on behalf of a minor, the defense will probably want to take the deposition of the minor. The question for plaintiff’s counsel is whether you will allow it. It may be that you can block it. … Continue reading
Nonsuits are a powerful weapon for a plaintiff. They allow a plaintiff to voluntarily dismiss. The plaintiff then has the right to re-file within six months or the additional time on the statute of limitations, if that is longer. The … Continue reading