I am sometimes amazed with the varying takes that Judges have of the Rule on Witnesses. I have seen the Rule applied so that counsel is not allowed to communicate with …
Several states across the country have laws that impose caps on the amount that can be recovered in injury cases. The caps have been imposed both as to compensatory awards and also …
Brien Roche
Privacy Rights
In Virginia privacy rights are largely creatures of statute. The actual cause of action for invasion of privacy is limited. It is based on the use of a person’s name or …
Brien Roche
Osteopath Healthcare Providers
You may have seen the term DO after a doctor’s name. Some people get confused thinking that DO means Doctor of Optometry. In fact DO means Doctor of Osteopathy. …
Brien Roche
Legal Precedents
Legal precedents are decisions by an appellate court that create binding law on lower courts.
In July of 1839 a ship full of 53 African slaves known as the La Amistad was …
Brien Roche
Prostate Surgery Medical Malpractice
Prostate problems in many men are bound to occur. In others they may be avoided through proper diet and exercise. The nature of the problems consist of …
Brien Roche
More Is Not Always Better
Most cancer patients opt for any and all available treatment. Even those with remote chance of helping their condition. Dr. Lowell Schnipper, the chief of …
Pooled Special Needs Trust have been around for quite some time. They are to be distinguished from Individual Special Needs Trusts. The latter are overseen by an individual or corporate …
Brien Roche
Res Judicata Defined
Res judicata is a concept that is similar to collateral estoppel. It can also be thought of as claim preclusion. In other words claims may be precluded from …
Brien Roche
The Use of Rebuttal Witnesses
Rebuttal witnesses are very common in civil suits. At the end of the defendant’s case, the plaintiff may choose to call rebuttal witnesses. They may be called for …