The attorneys and staff of Bancroft, McGavin, Horvath & Judkins, P.C. are proud to announce that Ara L. Tramblian recently joined our team of distinguished attorneys. After 33 years of service, Ara retired as Arlington’s deputy county attorney and has joined the firm. He is the 2017 recipient of the local government attorneys of Virginia’s A. Robert Cherin Award as outstanding deputy local government attorney. He is available for referrals regarding local government law.
BMHJ Blog: Legal Information, Resources, & News
Congratulations to our own Julia Judkins for her induction as a Fellow into the Virginia Law Foundation
Congratulations to our own Julia Judkins for her induction as a Fellow into the Virginia Law Foundation. The Fellows of the Virginia Law Foundation are recognized as leaders in the profession, not just in their practices but in their communities.
Serving Our Clients in Virginia, DC, and Maryland
In addition to practicing throughout the state and federal courts in the Commonwealth of Virginia, the Superior Court of the District of Columbia and its federal court, we also practice throughout the state and federal court in Maryland. Our directors John D. McGavin, Dawn E. Boyce, Heather K. Bardot, and Michael E. Thorsen are also admitted in Maryland. The firm’s expansion into the State of Maryland was designed to serve the needs of our clients. Our firm’s objective has always and continues to be providing our clients with excellence in litigation and service.
Expert Witness Disclosures and Judicial Estoppel
Recently, the Virginia Supreme Court reversed and remanded an assault and battery case in favor of the plaintiff and tried in the Circuit Court of Fairfax County. In Mikhaylov v. Sales, 2016 Va. LEXIS 53 (April 21, 2016), Michael E. Thorsen, Esquire represented the defendant Mikhaylov and battled several adverse court rulings. The first involved defendant’s inability to contest the assault and battery allegations. Because the defendant had pled guilty to an assault and battery charge in an earlier criminal case, the judge instructed the jury that “the defendant cannot deny that he assaulted and battered the plaintiff.” Mikhaylov objected to the instruction contending that it “in essence, grants summary judgment in favor of the plaintiff as to the assault and battery claim.” The Virginia Supreme Court reversed finding that the court had erred in applying “judicial estoppel” in the civil suit by plaintiff Sales against Mikhaylov based upon his prior guilty plea in the related criminal case. While the guilty plea was not inadmissible pursuant to Va. Code Section 8.01-418, it did not constitute a “preclusive bar” under the doctrine of judicial estoppel “unless the parties are the same.” Therefore, the court erred by precluding Mikhaylov from defending the assault and battery allegations. This case is important as it underscores that the mere fact that a defendant pleads guilty or nolo contendere in a related criminal charge does not bar that defendant from disputing liability in a civil case.
Virginia Fellows Sponsor Access To Justice Seminar
The Access to Justice Seminar, presented by the American College of Trial Lawyers and the Virginia State Bar Access to Legal Services Committee, provided public defenders and legal aid attorneys the opportunity to learn valuable, up-to-date legal information, while earning CLE credits free of charge. The seminar was attended by more than sixty attorneys, but the atmosphere allowed for plenty of interaction and even some brainstorming about issues currently challenging the participants.
It also provided a unique experience, in that its focus was not only on criminal or civil law, but on a variety of legal issues that affect all of our Commonwealth’s less fortunate individuals. John McGavin, a fellow of the American College of Trial Lawyers, helped coordinate the CLE and Catherine Carré, an associate with our firm, and formerly with the Fairfax County Public Defenders office assisted in the organization of this well attended and received event.
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