Safety and Health Reporter

Eyewitness Identification
Brien Roche

Eyewitness identification is a basic feature of our legal system.   However it stands on fragile legs. It is affected by such things as the race of a person, lighting and police …

ERISA Subrogation

Brien Roche
Erisa Subrogation and McCutchen
In U.S. Airways, Inc. v. McCutchen the U.S. Supreme Court dealt with the issue of ERISA subrogation. Erisa stands for Employee Retirement Income Security Act.  That law sets forth a …

Drunk Drivers
Brien Roche

A man in Florida who suffers from brain damage due to a crash caused by a drunk driver was awarded $5 million in his personal injury claim.  In 2007 Dwight Grant, a …

Punitive Damage Awards
Brien Roche

The Virginia Supreme Court has dealt many times with the issue of punitive damage awards.  The question in one case was whether an award was too high.  The jury awarded different …

Cross-Examination
Brien Roche

There are lots of rules that are applicable to cross-examination.

Rules can be good but as is so often the case, rules are swallowed up by the exceptions.  If they’re not swallowed up by …

Corporate Depositions
Brien Roche

Corporate depositions (depos) are controlled by the Rules of the Court. The rules require that the outfit being deposed(corporation or otherwise) choose and prepare one or more persons to speak …

Sovereign Immunity

Brien Roche
An Overview Of Sovereign Immunity
Sovereign immunity is a tough concept in Virginia.  

It goes back to the days of the King. The King was immune from suit.  That immunity has continued to …

Chiropractic Malpractice
Brien Roche

Although chiropractic malpractice may come in many forms, one of the more serious forms arises from a treatment called “cracking the neck”.  This neck movement involves a sharp movement of the neck.
Chiropractic …

The Economic Loss Rule In Virginia
Brien Roche

The economic loss rule was designed to prevent a buyer of goods from suing either in negligence or strict liability when the damage was to the goods alone. The rule attempts to …

Secret Settlements
Brien Roche

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 …

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