Successor liability claims are based upon the idea of one entity/individual acquiring assets of a seller resulting in the seller avoiding to have to pay a creditor. The successor does not …
Brien Roche
The Virginia Dead Man’s Statute is misnamed. It really doesn’t apply just to dead men. Rather it applies to cases where a person is not able testify. …
Brien Roche
An estoppel is an act or statement by one party which causes another to change position to their loss. Not all of those elements must be present …
Brien Roche
Contributory Negligence Bar-Substantial Fault
Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. …
Brien Roche
Collateral Source Cases-Tort
The collateral source rule is a rule of evidence. It should be called the source of payment rule. It says that any collateral or side …
Brien Roche
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 …
Brien Roche
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 …
Brien Roche
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 …
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 …
Brien Roche
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 …
“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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