BMHJ Blog: Legal Information, Resources, & News

Legislative Update: House and Senate pass bill on spoliation of evidence.

March 1st, 2019
By: admin

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.

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The Firm Is Pleased To Announce Our Newest Principals and Partners

March 1st, 2019
By: admin

Effective January 1, 2019, Nicholas (“Nick”) J. Lawrence and Martin Schubert became Principals of the firm.

Nicholas J. Lawrence photoNick 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 Schubert photoMartin 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.

Effective January 1, 2019, Matthew (“Matt”) A. Roberson and Anna Gillespie Zick became Partners of the firm.

Matthew Roberson photoMatt 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 Gillespie Zick photoAnna 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.

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Updates 2019 General Assembly Session

February 22nd, 2019
By: admin

Bills of interest that will become law effective July 1, 2019, include the following:

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Congratulations to Melissa Katz

February 19th, 2019
By: admin

Melissa H. Katz photo
The firm congratulates Melissa H. Katz on her recent recognition by the Virginia Lawyers Weekly of being part of the 2019 Inaugural Class of Influential Women of the Law. Melissa is also President-Elect of the Virginia Defense Attorneys Association and focuses her practice on complex personal injury and premises liability defense.

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The Art of the Trial is Alive and Well

February 11th, 2019
By: admin

While statistics reflect that there is a decline in the number of cases that are being tried by jury, a review of the disposition of some of our firm’s cases in January 2019 underscores that the art of the trial is alive and well. A review of our January 2019 statistics reflect twelve trials, with 7 circuit court trials (5- juries and 2 bench) and 5 general district court cases throughout the Commonwealth of Virginia and in Maryland. While we also practice in the District of Columbia we had no trials in that jurisdiction in January; however, a case was tried by jury in December resulting in a defendant’s verdict.

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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