May 15, 2020
May 10, 2020
May 10, 2020
States and U.S. Government Grapple with Legislation Aimed at Ensuring Business Interruption Coverage for Pandemic-Related Losses
May 8, 2020
May 7, 2020
With the ever changing world we live in testimony in person is moving toward becoming a thing of the past for certain non-critical witnesses. A new rule that went into effect on March 15 addresses the need to embrace technology and its use in our civil trials.
The Court of Appeals of Virginia recently decided a case with potentially far-reaching effects. In Merck & Co. v. Vincent, COA Record No. 0424-19-1, (01/14/2020) the Court explained some of the major pitfalls of the doctrine of compensable consequences.
Attorneys and claims examiners handling construction litigation know that every construction case starts with coverage issues. In claims against subcontractors, perhaps the most commonly encountered issue is the interplay between an “occurrence” and the “your work” exclusion. Subcontractors facing a claim are often surprised to learn what may and may not be covered when this exclusion comes into play. A recent opinion from the United States District Court for the Western District of Virginia provides a solid blueprint for analyzing this issue.
In Virginia, by statute, Plaintiff has a right to one nonsuit, or voluntary dismissal, as a matter of right. You can read more about the procedure and rules surrounding a nonsuit here. While a nonsuit is a very important vehicle for Plaintiff to correct defects in their case, it does not shield Plaintiff from a pending motion for sanctions.
“Does It Matter When The Damage Occurred?”: Analyzing the Timing of Coverage for General and Subcontractors
In evaluating coverage for a general or subcontractor, it is important to understand not only what is covered by your liability policy, but also when coverage is triggered. The type of coverage will affect when coverage is triggered, and thus affect the types of damages that are covered.