BMHJ Blog: Legal Information, Resources, & News

Accord and Satisfaction (Criminal Defense)

Charles J. Nucciarone, Esquire
February 18th, 2020
By: Charles J. Nucciarone, Esquire

Associate Charles Nucciarone recently represented a client accused of a simple assault and battery under Virginia Code Sec. 18.2-57, a misdemeanor offense. In addition to examining the law and the facts of the case for potential defenses, Mr. Nucciarone also turned to Virginia Code Section 19.2-151. That code section refers to what criminal defense attorneys commonly refer to as an “Accord and Satisfaction.” Under that code section, in a criminal case where the charge is a misdemeanor and one for which there is a civil remedy, the complaining witness may acknowledge, in writing, that he or she has received “satisfaction” for the injury form the defendant, the court may then dismiss the charge against the defendant.

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Bed Bugs and the Innkeeper’s Duty of Care

Charles J. Nucciarone, Esquire
January 13th, 2020
By: Charles J. Nucciarone, Esquire

Washington, D.C. and Baltimore, Maryland were recently named as the top two cities for bed bug infestations by Orkin Pest Management, with multiple other cities in Virginia earning similar distinction (https://www.orkin.com/press-room/orkins-2020-bed-bug-cities). Associate Charles J. Nucciarone recently represented a small hotel in a negligence claim by two plaintiffs for damages resulting from bed bug infestation. In their negligence suit, the plaintiffs claimed that the defendant hotel’s negligence had caused the bed bug infestation and, ultimately, the plaintiffs’ injuries and other damages.

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How to Determine Whether a Person is an Employee or Independent Contractor?

November 18th, 2019
By: admin


Recently, Matt Roberson presented at the Auto & Transportation sectional meeting of the 2019 Virginia Association of Defense Attorneys Annual Meeting in Norfolk, Virginia, and provided insight regarding how to determine whether a person is an employee or independent contractor. This is a significant distinction since the general rule in Virginia is that the employer of an independent contractor is not liable for injury caused to another by an act or omission of the contractor.

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The Firm Welcomes its Three New Associates

November 5th, 2019
By: admin

Our three newest associates joined our firm at the end of the summer after completing judicial state court clerkships. All of them personified excellence in their academic careers and we are proud to introduce them.

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A claim of “personal injury” for alleged mold exposure doesn’t turn every alleged breach of original construction contract into a tort.

Melissa H. Katz, Esquire
November 2nd, 2019
By: Melissa H. Katz, Esquire

Recently, the Virginia Supreme Court, in the case of Tingler v. Graystone Homes, Inc. held that the trial court did not err in its ruling sustaining a home builder’s demurrer to a negligence count for alleged breach of the original construction contract. In that case, a family, in related suits alleged personal injuries and damage resulting from mold that developed in a home built by the defendant contractor. The plaintiffs pled many theories of liability, all of which were dismissed by the trial court.

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Disclaimer

This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More