BMHJ Blog: Legal Information, Resources, & News

Dismissal For Failure To Serve Within One Year May Still Be A Viable Defense Even After a Court Extends Service Time by Court Order

Andrew R. Alder, Esquire
January 2nd, 2019
By: Andrew R. Alder, Esquire

Virginia Code § 8.01-275.1 and Rule 3:5(e) require that service of process be made within twelve months of the commencement of a lawsuit. Service on a defendant more than twelve months after commencement is timely only if there is a “finding by the court that the plaintiff exercised due diligence to have timely service made on the defendant.” Va. Code § 8.01-275.1. Va. Code § 8.01-277(A) allows a defendant to challenge the timeliness of service.

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Congratulations To 2018-2019 Leaders In Virginia Association of Defense Attorneys

October 29th, 2018
By: admin
  • Melissa H. Katz, President-Elect
  • Matthew A. Roberson, Vice-Chair of Auto & Transportation Liabiity
  • Alexandra “Ally” J. Sipes, Chair of Young Lawyers

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Congratulations To Steve Horvath!

October 29th, 2018
By: admin

Stephen HorvathThe firm is very proud to announce that Stephen “Steve” Horvath was recently awarded the Virginia Association of Defense Attorney’s (VADA) Excellence in Civil Litigation Award. As a recipient of this award, Steve has been recognized as exhibiting “the highest standards of ethics, demeanor and temperament, exemplary conduct inside and outside the courtroom, courtesy and fairness in dealing with others, and producing work of highest quality.” Steve was bestowed this award at the 2018 VADA Meeting at The Williamsburg Lodge on October 11.

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PR for the Defense: New Virginia Supreme Court Case Requiring Intent for Spoliation Jury Instruction and Proper Designation for Expert Witness Testimony Admissibility

Melissa H. Katz, Esquire
February 5th, 2018
By: Melissa H. Katz, Esquire

Recently, the Virginia Supreme Court reversed and remanded a $4.1 million jury verdict in favor of four plaintiffs in a Virginia Beach personal injury case. In the case of Emerald Point, LLC v. Hawkins, 2017 Va. LEXIS 197, 808 S.E.2d 834 (2017), four apartment co-tenants sued their landlord claiming injuries as a result of carbon monoxide (“CO”) exposure while living in their apartment. After notification of CO exposure, the landlord undertook repairs to include replacement of the furnace. When high levels of CO continued to be detected upon further investigation it was determined that a faulty connection was the cause. The old furnace was stored by the landlord for approximately one year and then discarded before any lawsuit was filed. At trial, the trial court permitted an adverse inference jury instruction, over objection by the defense, which stated that if a party with exclusive possession of material evidence disposes of the evidence, the jury may infer that the evidence would have been detrimental to that party’s case. The landlord appealed arguing that the instruction could not be justified without a finding of “bad faith”.

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Please join us in welcoming our newest attorney, Ara L. Tramblian

January 25th, 2018
By: admin

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.

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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