BMHJ Blog: Legal Information, Resources, & News

Court Affirms That Once Worker’s Compensation Act Applies, It Is an Absolute Bar to Subsequent Tort Suit

Steven W. Bancroft, Esquire
July 16th, 2012
By: Steven W. Bancroft, Esquire

The Virginia Supreme Court recently ruled on a case defended by the firm that once the Virginia Worker’s Compensation Act is found to apply to a work related accident, it bars any subsequent tort action. Pursuant to §65.2-307 of the Virginia Code, the Supreme Court of Virginia affirmed the trial court’s decision dismissing a wrongful death action against the general contractor even when death benefits were not awarded under the Worker’s Compensation Act.

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Virginia Rules of Evidence Taking Effect July 1, 2012

June 4th, 2012
By: Wesley D. Allen, Esquire

Virginia now has an official set of evidentiary rules that takes effect next month. Practitioners do not be alarmed — no major change in practice is anticipated, as the rules simply mirror existing Virginia statutes and case law with respect to evidentiary issues.

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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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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