BMHJ Blog: Legal Information, Resources, & News

What constitutes waiver of personal jurisdiction?

Dawn E. Boyce, Esquire
May 13th, 2011
By: Dawn E. Boyce, Esquire

On July 1, 2011, a bill recommended by the Boyd-Graves Conference, which delineates what affirmative conduct on the part of a party constitutes a waiver of any objection to personal jurisdiction or defective service, will go into effect. In summary, if a party files any pleading, conducts discovery or asks for or participates in any proceeding on the merits, any such objection is waived.

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Additional Legislative Changes

Nicholas J. Lawrence, Esquire
April 15th, 2011
By: Nicholas J. Lawrence, Esquire

Effective July 1, 2011, the general assembly has amended Va. Code Section 16.1-107 to eliminate the requirement for an appeal bond when the defendant has liability insurance coverage available to pay the judgment at issue. The insurer must provide a written irrevocable confirmation of coverage in the amount of the judgment in order to eliminate the requirement for a bond.

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Legislative Changes

Heather K. Bardot, Esquire
March 28th, 2011
By: Heather K. Bardot, Esquire

Less than a Year after Enactment, the General Assembly Amends Virginia Code Section 38.2-2206(L)

Less than a year after enacting Virginia Code Section 38.2-2206(L), which allows an underlying automobile insurer to make an irrevocable offer of settlement to a plaintiff in an effort to pass defense costs to the UM/UIM carrier, the General Assembly has amended the section. Effective July 1, 2011, the statute will read as follows:

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Survival of a Tort Claim which Seemingly Arises out of Breach of Contract

Heather K. Bardot, Esquire
March 11th, 2011
By: Heather K. Bardot, Esquire

On March 4, 2011, the Supreme Court of Virginia issued an opinion in Kaltman v. All American Pest Control, Inc., Record No. 092541, reversing the trial court’s sustaining of a demurrer. The demurrer had challenged the plaintiffs’ ability to file suit in tort against the defendant-pest control company and its employee on the basis that, since the defendants’ allegedly negligent conduct arose out of a contract to apply pesticide, the only available cause of action was breach of contract.

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Innocent Victim of Horseplay Rule Affirmed by Virginia Supreme Court

Dawn E. Boyce, Esquire
February 14th, 2011
By: Dawn E. Boyce, Esquire

In Simms v. Ruby Tuesday, Inc., 2011 Va. LEXIS 17 (2011), the Virginia Supreme Court addressed whether an innocent victim of horseplay was eligible for compensation under the Workers’ Compensation Act. Although it had long been held that injuries suffered by innocent bystanders as a result of horseplay at the workplace were compensable, this precedent was called into doubt by the court in Hilton v. Martin, 275 Va. 176, 654 S.E.2d 572 (2008). The issue in Simms was whether the actual risk test analysis articulated in Hilton had materially changed the juris prudence related to innocent victims of horseplay at work. In Hilton, the Commission found that injuries did not arise out of the employment where a co-worker turned on the power of a manual cardiac defibrillator, adjusted its energy to 150 joules, and touched the defibrillator paddles to an innocent victim. The denial of compensation sent a ripple through the workers’ compensation community and led the Commission and Court of Appeals to start denying horseplay claims.

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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