The summary of bill as passed:
Spoliation of evidence. Establishes that a party or potential litigant has a duty to preserve evidence that may be relevant to reasonably foreseeable litigation. The bill further provides that a court (i) upon finding prejudice to another party from loss, disposal, alteration, concealment, or destruction of such evidence, may order measures no greater than necessary to cure the prejudice, or (ii) only upon finding that the party acted recklessly or with the intent to deprive another party of the evidence’s use in the litigation, may (a) presume that the evidence was unfavorable to the party, (b) instruct the jury that it may or shall presume that the evidence was unfavorable to the party, or (c) dismiss the action or enter a default judgment. The bill further provides that no independent cause of action for negligent or intentional spoliation of evidence is created.
Nick attended college at Virginia Tech, served in the U.S. Marines, and then attended law school at George Mason University, where he graduated cum laude. Thereafter, he served as law clerk to The Hon. Jonathan C. Thacher of the Circuit Court of Fairfax County for one year before joining our firm as an associate in 2009. Nick’s practice focuses on defense of personal injury, auto, and premises liability claims as well as insurance coverage issues and construction defects. He is a member of the Virginia Association of Defense Attorneys and active with the Fairfax Bar Association.
Martin attended Marshall University graduating summa cum laude and magna cum laude when he graduated from George Mason University School of Law. After graduating from law school, he served as law clerk to The Hon. William D. Hamblen of the Circuit Court of Prince William. Subsequently, he joined our firm as an associate in 2011. Martin is licensed both in Virginia and D.C. His practice focuses on insurance defense, employment litigation, defense of personal injury, auto, and premises liability claims, construction litigation, nonprofit defense, and intentional tort and contract litigation. Martin is a member of the George Mason Inns of Court, the Virginia Association of Defense Attorneys, and the D.C. Defense Lawyers Association.
Matt attended college at the University of Georgia Honors Program, graduating summa cum laude, and is a graduate of the George Washington University School of Law. After graduating from law school, he served as law clerk to The Hon. Charles J. Maxfield of the Circuit Court of Fairfax County. He joined our law firm as an associate in 2013. Matt focuses his practice on personal injury, auto accident, premises liability, and intentional tort claims, and veterinary malpractice defense. He is licensed in Virginia, D.C. and New York. Matt is a member of the D.C. Defense Lawyers Association and serves as the Vice-Chair of the Auto & Transportation section of the Virginia Association of Defense Attorneys.
Anna graduated college from Clemson University, summa cum laude, and the William & Mary School of Law, cum laude. After graduating from law school, she served as law clerk to The Hon. Charles J. Maxfield of the Circuit Court of Fairfax County. Thereafter, she joined our law firm as an associate in 2014. Anna focuses her practice on civil litigation, complex personal injury defense, nonprofit defense and premises liability. She is licensed in Virginia and D.C. She is a member of the Virginia Association of Defense Attorneys.