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New Va. Code § 8.01-417: Everybody Breathe…

Virginia has passed, effective July 1, 2018, a new Va. Code § 8.01-417 that has created much consternation, but little change.  That statute was titled “An Act to amend and reenact § 8.01-417 of the Code of Virginia, relating to personal injury claim; disclosure of insurance policy limits. [S 535]” during its pendency, and is […]

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Court Rules that Damages for Humiliation, Mental Anguish Recoverable in Whistleblower Cases

In March of 2018, the Pennsylvania Supreme Court handed down a much-anticipated ruling in Bailets v. Pennsylvania Turnpike Commission, unanimously ruling that noneconomic damages like humiliation and mental anguish are recoverable for whistleblowers who are determined to have been harmed in violation of Pennsylvania’s whistleblower law. In Bailets, an employee with ten years of service […]

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Court Rules Driver’s Statement to Insurance Agent is Discoverable

It is the middle of the night, and you receive a phone call that one of your vehicles has been involved in an accident. With everything that starts racing through your mind, one of your first thoughts should be—I need to get a statement about what happened from my driver. And, while that seems simple […]

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Spoliation – Not Your Father’s Destruction of Evidence

Attendees at our firm’s seminars will have heard the term “spoliation,” referring to the destruction of evidence.  The issue typically comes up in the context of documents or evidence that is transitory, such as data from a Truck’s ECM, or an outdoor accident scene.  Essentially, a party warns another party by letter to preserve evidence.  […]

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The Fact of the Matter: Recent workers’ compensation case law highlights why gathering very detailed facts and circumstances surrounding work accidents is imperative in determining whether to accept or deny compensability

Employers are regularly reminded by insurance carriers and defense attorneys that they should gather detailed evidence surrounding the circumstances of an accident. Recent case law highlights the importance of even the most minute details. The Virginia Workers’ Compensation Commission follows the “actual risk test.” The test, which is highly fact-specific and subjective, is outlined as […]

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U.S. District Court Decision Provides Brokers Additional Protection Against Negligent Hiring Claims

As those familiar with the trucking industry know all too well, it has become common practice for plaintiffs to seek damages against brokers in the event of trucking accidents. Their purpose in doing so is to find the entity with the deepest pockets as well as to add more defendants and causes of action to […]

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Virginia to Study Truck-Only Tolls for Interstate 81

At the request of the Northam Administration, Republican State Senators Mark Obenshain of Rockingham County and Bill Carrico of Grayson County co-sponsored legislation in the 2018 General Assembly directing the Commonwealth Transportation Board (CTB) to study the feasibility of imposing tolls on large trucks traveling on Interstate 81. The bill sponsors’ stated goal is to […]

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When the Customer is the Product: Cambridge Analytica and a Peak Behind the Data Curtain

 Unless you’ve been living under a rock for the last month, you have heard and read stories about a previously obscure British consulting firm Cambridge Analytica.  Without going into great depth in this article, Cambridge Analytica apparently gained access to data obtained through a Facebook app developed by a Cambridge professor, which included information about […]

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Number of Motorcyclist Fatalities in 2017 is Highest in Virginia in a Decade DMV Urges Motorcyclists and Motorists to Do Their Part to Prevent Deaths

RICHMOND – Last year, Virginia recorded the highest number of motorcyclist fatalities in a decade, and, as the weather warms again, the Virginia Department of Motor Vehicles (DMV) urges motorcyclists and motorists to do their part to prevent deaths this year. One-hundred-and-seven motorcyclists were killed in 2017 on Virginia roadways, compared to 72 in 2016 […]

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PROTECTED DISABILITY OR A LIABILITY? Guidance for employers who are balancing protections for individuals with disabilities against their goal to avoid injuries and accidents in the workplace

Virginia employers have legal and ethical duties to keep their employees, customers, and the public safe. In an effort to carry out these important duties, many employers are left wondering how far they may (or should) go in pre-employment screenings in an effort to prevent workplace accidents. To succeed in balancing these legal duties, employers […]

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