Brien Roche Law-01

Articles & News

  • All
  • Construction Site Safety
  • Intentional Torts
  • Malpractice
  • Personal Injury
  • Uncategorized
  • Vehicle Accidents
  • Wrongful Death
Judge gavel with Justice lawyers, Businesswoman in suit or lawyer working on a documents. Legal law, advice and justice concept.
Malpractice

Ex Parte Communications with Treaters

Sometimes opposing counsel may want to obtain records and/or speak with a plaintiff’s healthcare provider. That typically is not allowed. Under the HIPAA statute, there ...
Read More →
Prison corridor
Personal Injury

Personal Injury Actions Against Convicts

Sometimes in the course of personal injury litigation it’s necessary to sue someone who is in jail. That person may have been the at-fault party ...
Read More →
Judge gavel and stethoscope on doctor coat, top view
Malpractice

Fraud in Medical Malpractice

Fraudulent behavior in the context of a medical malpractice case is not unheard of. However it is unusual. The court addressed such an issue in ...
Read More →
Gavel, law firm and books on table of attorney in office for judge, justice and court trial.
Intentional Torts

Consumer Protection Act in Virginia

The Virginia Consumer Protection Act was initially passed in 1977. It was passed as remedial legislation to promote fair and ethical standards between suppliers and ...
Read More →
Close-up of files and file folders on a desk top in an office.
Personal Injury

Sealing Personal Injury Files

Sometimes in a lawsuit, one party may want the file sealed. On the other hand they may want part of the file sealed. Whether or ...
Read More →
insurance contracts all over desk
Personal Injury

Insurance Contract Law

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 ...
Read More →
Construction and Labor law. Yellow safety helmet and judge gavel on building blueprint plans, close up view.
Personal Injury

Personal Injury and Contractor Licensing

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 ...
Read More →
side view of empty police patrol car on street
Personal Injury

Police Qualified Immunity

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 ...
Read More →
Gavel hammer, justice scale, and law textbook on table in lawyer office for providing legal consult business dispute service.
Personal Injury

Greater Weight of Evidence

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%. ...
Read More →