Brien Roche
Commercial general liability insurance (CGL) used to be known as comprehensive general liability coverage. The insurance industry decided that use of the word “comprehensive” was too broad. As such we have the word …
Brien Roche
Federal Rule 35 allows for examinations in certain instances. The mental or physical condition of the party must be in controversy. In addition, the motion must demonstrate good cause. Further, the motion must specify …
Brien Roche
In a personal injury action, pre-judgment interest may be awarded. However it is up to the judge or the jury to make that decision.
Sometimes defense lawyers will argue that pre-judgment interest is …
Brien Roche
Within most insurance policies there is a condition that the insured submit to what is called an examination under oath. The Virginia family …
Brien Roche
The Virginia Guaranty Association is a state-created entity. It steps in on behalf of insurance companies that have gone belly-up. Also it has the right to defend the defendant. The defendant is the …
Brien Roche
Polarizing personal injury cases means making it clear from the outset that the defendant’s position is unreasonable.
Polarizing Personal Injury Cases- Start at the Beginning
This may begin in voir dire. For example, a plaintiff has …
Brien Roche
You may have the occasion to represent an injured party who is on Medicaid. Representing such a client presents a host of problems because some providers won’t accept Medicaid. Those providers who do …
Brien Roche
In the course of a lawsuit, there may arise an issue of what state law applies. You need to know what the so-called “conflicts rule” is for that state. In regards to tort and …
Brien Roche
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. …
Brien Roche
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 …
“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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