DeCaro, Doran Litigation In Brief - Fall 2016

Virginia practitioners and litigation claims adjusters are familiar with Virginia’s nonsuit statute.  In layman’s terms, Virginia Code Section 8.01-380 allows a plaintiff to voluntarily dismiss an action if no counterclaim is filed in the case, and to re-file it at a later date essentially without penalty.  The nonsuit statute is basically a mulligan and a very powerful tool available to a plaintiff.  Nearly every defense attorney has found himself relishing in the strength of his developing case or celebrating an amazing first day of trial only to have plaintiff exercising his statutory right of a nonsuit. Read more...
 

Court dismisses claims of Assault, Battery, Intentional Infliction of Emotional Distress, Res Ipsa Loquitor, and Punitive Damages in case involving sale of diseased rats.
 

Qualifications of a Medical Expert.

MD House Bill 42 would limit the purchase of structured settlements arising from lead paint litigation to 25%.
 

Injured worker entitled to benefits after his retirement date.

Court finds accident victim was occupying two different vehicles at the time he was fatally injured.

The Court determines whether an employer has the right to request a change of an injured employee’s attending physician.

Forum Non Conveniens exists to avoid litigation in a seriously inconvenient forum.

A claim for invasion of privacy must be properly pled.

We are very pleased to announce that three attorneys have joined our practice at DeCaro, Doran during the past two months and a fourth has rejoined our firm.