by KPMLAW | Mar 22, 2016 | KPMBlog, News, Uncategorized, Updates
Defending Cases in General District Court Written by Lindsey D. Hunt Edited by Janeen B. Koch With more and more cases being filed in General District Court these days, it is worth taking a closer look at the procedural and discovery rules that govern in that court. Jurisdictional Limit/Advantages The maximum amount that may be sued for in General District Court is $25,000. Circuit Courts may hear civil cases in which the amount in controversy is over $4,500 but many less serious property damage and personal injury cases are now being filed in General District Court. Cases in General District Court are heard and decided by the judge. There are no juries in General District Court. With the limited discovery available in General District Court (as discussed further below), trying cases in General District Court is generally less expensive and less time consuming. General District Courts are “courts not of record” which means that, unlike Circuit Court, there is no automatic recording of the proceedings. However, Rule 7A:6 provides that the court may allow recording of the proceedings by a court reporter or other means. If the defense believes the plaintiff will lose in General District Court, and that it’s likely the plaintiff will appeal, it is worth considering having a court reporter present to capture the plaintiff’s testimony. This testimony could then be used if the plaintiff attempts to provide inconsistent testimony on appeal. Right to Nonsuit One of the often frustrating aspects of civil defense practice, in both General District Court and Circuit Court, is the right of nonsuit. Virginia Code Section 8.01-380 provides that a party...
by KPMLAW | Mar 21, 2016 | KPMBlog, News, Uncategorized, Updates
KPM LAW announced its new slate of officers Monday. Effective March 15th, John Messersmith will serve as President and Secretary Treasurer. Bill Pfund, Claire Carr, and Brian Cafritz will serve as Vice Presidents. States Chip Kalbaugh, who held the post of President for the past 25 years and continues to serve as a Director, “We have never had such motivated and focused leadership. The momentum that this team has created is exciting. The firm is in exceptional hands and I can’t wait to celebrate its accomplishments well into the...
by KPMLAW | Mar 21, 2016 | KPMBlog, News, Uncategorized, Updates
While attending The National Retail & Restaurant Defense Association in Ft. Lauderdale, FL. earlier this month, Claire Carr presented on the topics of pre-litigation investigation and taking more effective Recorded Statements. Claire has been appointed to chair the Workers’ Compensation Committee of NRRDA for 2016-2017. Brian Cafritz, a founding member and past president of NRRDA, also presented and was re-elected to the Board of Directors to serve a three-year term. NRRDA’s mission is to advance and protect the interests of the retail and restaurant industry. By providing members with information, strategies and tools, NRRDA works to reduce claims and better manage risk; mount effective defense strategies against claims and litigation; and foster and encourage a cooperative relationship among the members of the Association. NRRDA recently welcomed 53 new members and noted record attendance at this year’s conference. NRRDA 2017 will take place in San Diego, CA, March 1-3. ...
by KPMLAW | Mar 21, 2016 | KPMBlog, News, Uncategorized, Updates
John Messersmith has been named President of KPM LAW. John has been an officer and director of the firm since its inception, has been responsible for overseeing the firm’s operations for most of the last 25 years, and is one of the most influential forces behind the firms growth and success. John will lead the firm’s four offices, 36 attorneys, and more than 60 staff. John is an AV-Rated attorney, and member of TIDA, DRI, and CLM, among other professional organizations. ...
by KPMLAW | Mar 21, 2016 | KPMBlog, News, Uncategorized, Updates
KPM LAW’s Janeen Koch, will be presenting and moderating the roundtable discussion “Handling Traumatic Brain Injury Cases – From the Initial Accident through Trial” at the upcoming Claims & Litigation Management Alliance Annual Conference in Orlando, Florida, April 6-8. Janeen has assembled a team of experts including Melissa Welden, Senior Liability Claims Specialist with Central Mutual Insurance Company, Tracy Yaun, corporate claims counsel for Berkley Southeast Insurance Group, and Doug Gibson a licensed psychologist and clinical neuropsychologist with MedPsych of Virginia, to participate in the roundtable. For more information, contact Janeen Koch at janeen.koch@kpmlaw.com or look for her informative session at the CLM conference on April...
