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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. If the evidence is not preserved, a court may sanction the party failing to preserve evidence with either an “inference” or a “conclusive presumption” that… Read More

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 follows: An injury arises out of the employment, when there is apparent to the rational mind upon consideration of all the circumstances, a causal connection… Read More

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 a lawsuit than there otherwise would be, improving the odds of a recovery. Fortunately for brokers, a recent U.S. District Court decision may limit plaintiffs’… Read More

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 generate revenue to pay for infrastructure improvements along the I-81 corridor. Senator Obenshain points out that about one-fifth of the crashes on I-81 involve at… Read More

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 not only the users, but also about their activities on Facebook and their friend networks. This data was then used by Cambridge Analytica in support… Read More

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 - a nearly 50-percent increase. Ninety motorcyclist fatalities were reported in 2011, the previous decade high. "We are working every day to reduce traffic crashes… Read More

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 must deftly navigate both State and Federal laws. The Americans with Disabilities Act (ADA) and the Virginia Human Rights Act (VHRA) set out strict rules… Read More

It being early March, we are now in the heady season between where employers send out tax forms, and everyone scrambles to file their taxes. This means we are also in the season where fraudsters race to file false tax returns using stolen identity information, a form of identity theft. Worse, the FBI recently issued a PSA warning of an Increase in W-2 phishing. “Phishing” is a mode of scam where a fraudster uses an official-looking email to obtain access… Read More