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There are certain questions lawyers get asked with some frequency, including “What about my pain in suffering?” Mental anguish, pain and suffering, humiliation, embarrassment, annoyance, whatever term may apply, Virginia law places serious limitations on the recovery of money in a lawsuit for these emotional-type, non-pecuniary (i.e. non-monetary) damages. Let’s cover one big issue first: under Virginia law, non-pecuniary damages are not recoverable for breach of contract alone. See, e.g., Sea-Land Serv., Inc. v. O'Neal, 224 Va. 343, 354 (1982).… Read More

In the transportation world, like every other industry, insurance is fundamental for protecting against risk and associated liabilities. The word “insurance,” however, causes most people and businesses to change the subject or postpone indefinitely coming to grips with the reality of their risk-management condition. Companies cannot afford to have this attitude, however, and must understand the coverages they have in place, what losses are actually covered, and how much of their risk exposure is insured. In other words, is your… Read More

What portion of a personal injury settlement, verdict, or judgment goes to the government if the aggrieved party was insured through Medicaid? Just a few weeks ago, the Supreme Court of Virginia answered that question in Farah v. Commonwealth of Virginia, Department of Medical Assistance Services in an opinion authored by Justice Stephen R. McCullough. Farah’s Case Plaintiff Farah was working as a cab driver when he was gravely injured in a head-on crash by a driver traveling in the… Read More

Virginia law controlling the question of when an insurer has a duty to defend its insured is so well established and clearly understood that it hardly bears discussion – or, at least, it would seem so. Under Virginia’s familiar “eight corners” rule, “only the allegations in the complaint and the provisions of the insurance policy are to be considered in deciding whether there is a duty on the part of the insurer to defend and indemnify the insured.” AES Corp.… Read More

Under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203 et. seq, employees of companies that are engaged in interstate commerce or have at least $500,000 revenue are generally entitled to overtime pay beyond 40 hours in a work week - unless certain exemptions apply. As most business owners should know, “interstate commerce” is defined extremely broadly to apply to almost every company. Since nearly every business buys products from another state, contracts with out-of-state companies, has a website… Read More

Workers’ compensation has been a great development for both employers and employees. Originally created to prevent insolvency of employers due to extreme damage claims, it has also allowed employees to receive the care they need from work related injuries without the need of litigation. Workers’ compensation has been with us so long and become such an integral part of the employment process that it is sometimes taken for granted just how varied the applicable laws are across the country. Unfortunately,… Read More

As the transportation industry continues to struggle with hiring drivers, evolving state laws on illegal drugs and the role they play in the hiring process present another layer of uncertainty employers must confront in their attempts to augment a dwindling workforce. The presence of prior, drug-related charges and/or convictions on an applicant’s background check creates a tension: the desperate need for drivers, on the one hand, balanced against the potential legal repercussions an employer could face if the applicant is… Read More

Up until July 2021, Virginia had one of the most restrictive expungement laws in the United States, allowing expungements only for criminal charges for which the disposition was not guilty or for which the charges were otherwise dismissed. Simply put, expungements were only available for those who could show actual innocence, therefore making it nearly impossible for anyone actually convicted of a crime to be eligible for an expungement. However, in July 2021, lawmakers passed an expungement bill that established… Read More