Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for February, 2016, is entitled “TRANSPORTATION” and features multiple articles involving vehicle crashes. “Transportation Bill Raises Railroad Liability Cap” covers the proposed increase in...
On February 24, 2016, the Virginia Supreme Court granted writ of certiorari in Mr. Waterman’s consolidated patient fall cases, Patrick Lee Cherrie, Administrator of the Estate of Gerda A. Harvey, Deceased, and Hubbard A. Davis, Executor of the Estate of James Clifton Davis, Jr., Deceased...
On February 12, 2016, Environment Specialist, Inc. v. Wells Fargo Bank Northwest, N.A., No. 150693, was handed down by the Virginia Supreme Court. It reversed the Circuit Court of Stafford County on its award of $1,200.00 in sanctions against plaintiff’s counsel. Id. at 10. The Virginia...
On February 12, 2016, Phelan v. Commonwealth, No. 150591, was decided by the Virginia Supreme Court. It upheld the Circuit Court of Southampton finding an inmate’s personal injury claim barred by sovereign immunity for failing to meet the statutory notice requirements of the Virginia Tort...
On February 12, 2016, the Virginia Supreme Court issued Simms v. Van Son, No. 150191, an unpublished Order. It reversed the Circuit Court of Brunswick County holding at jury trial that a pedestrian struck by an auto was contributorily negligent as a matter of law...
On February 10, 2016, the United States Department of Justice (“USDOJ”) announced that it sued Dr. Labib E. Riachi and his two companies, Riachi, Inc. and Center for Advanced Pelvic Surgery, LLC, all of New Jersey, for “knowingly submitting millions of dollars in false claims...
The Trial Lawyer is the quarterly journal of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Winter 2016 features multiple articles involving motor vehicle accidents, medical malpractice and product liability. The 2 Trial Lawyer MVA articles are: “ARE YOU LOOKING FOR PUNITIVE DAMAGES...
On February 2, 2016, the Fourth Circuit Court of Appeals unanimously struck down an arbitration agreement and reinstated a dismissed consumer class action in Hayes v. Delbert Servs. Corp., No. 15-1170. This is a noteworthy breath of fresh air in light of the United States...
On January 29, 2016, the United States Department of Justice announced that Rose Radiology Centers, Inc. of Tampa, Florida – the “official” radiology practice of the Tampa Bay Rays and the Tampa Bay Lightning – agreed to pay $8,710,000.00 to the United States for its...
On January 28, 2016, the Virginia Supreme Court issued Richmond v. Volk, No. 150192, which reconciled a pleading misnomer in a car crash lawsuit that was not corrected by amendment under Va. Code § 8.01-6, but which was remedied by nonsuit and correct refiling pursuant...
On January 26, 2016, healthcare CEO Dr. Robert Dannenhoffer filed a $10,000,000.00 “whistleblower” lawsuit in Federal Court in Eugene, Oregon against his former employer, Architrave Health, LLC. That suit underscores that healthcare employers not only face liability under the False Claims Act and/or the Stark...
American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”) publishes Trial, its monthly journal. The issue for January, 2016, headlined “NAVIGATING DISCOVERY,” features 6 articles, mostly dealing with electronic (“e”) discovery: “What You Need to Know about the New Rule 37(e)” re electronically...
By Order on December 9, 2015, the Judge granted Plaintiff’s Motion to Strike the claimed “affirmative defenses of estoppel, laches, waiver, unclean hands, public disclosure, failure to state a claim, failure to plead fraud with specificity, damages too remote or speculative, release, accord and satisfaction,...
On December 30, 2015, the Virginia Supreme Court issued an unpublished per curiam order in the alleged wrongful death case of Bailey v. Erdman, No. 150394. It reversed the Hampton Circuit Court’s grant of the defendant doctor’s motion to strike plaintiff’s evidence at jury trial...
By unpublished per curiam order on December 3, 2015, the Virginia Supreme Court reversed and remanded for trial the three car crash case of Martin v. Isbill, No. 141886. It opined that Portsmouth Circuit Court erred in finding that plaintiff was contributorily negligent as a...
On October 29, 2015, the Virginia Supreme Court issued In re Lakisha Woodley, No. 141706, an appeal from Circuit Court of Southampton County, Virginia. Therein the Court emphasized Va. Code §8.01–54(C) dictates that “a wrongful death award ‘shall be paid to the personal representative’ for...
In December, 2015, the United States Department of Justice reported that it obtained over $3,500,000,000.00 in judgments and settlements from civil cases of fraud and false claims against the federal government by contractors under the False Claims Act (“FCA”). Once again, health care fraud by...
On December 18, 2015, Mr. Waterman was chosen by the National Academy of Personal Injury Attorney (“NAOPIA”) to receive its “TOP 10 Attorney Award” for personal injury attorneys in Virginia for 2015. NAOPIA is headquartered in Washington, D.C....
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for December, 2015, is entitled “SCIENCE & TECHNOLOGY”. A feature article of December 2015 Trial is “MEDICINE IN A VIRTUAL WORLD”. Id. at 38-45. It...
On September 17, 2015, the Virginia Supreme Court issued Allstate Prop. And Cas. Inc. Co. v. Ploutis, No, 141536, an appeal from Fairfax County Circuit Court. It agreed with Allstate “the circuit court erred in ruling that Code §8.01-229(E)(3), providing for tolling of the statute...
On December 21, 2015, Plaintiff’s Motion to Compel was heard in the brain injury lawsuit, Helen M. Eason, Administratrix of the Estate of Mary Francis Taylor, Deceased v. Sentara CarePlex Hospital, No. CL12-470 in Circuit Court of Hampton, Virginia. Sentara was ordered to answer and...
On December 15, 2015, Second Supplemental EMR & Protective Order was entered in the alleged wrongful death lawsuit of Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr., Deceased v. Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc., Riverside...
On December 15, 2015, the Court entered 10/13/15 Pilot Program Order on Motion to Reconsider Ruling on Pilot Programs of Defendants, Riverside Physician Services, Inc., Riverside Hospital, Inc., and Riverside Healthcare Association, Inc. in the alleged wrongful death case of Joanne T. Rauchfuss, Administratrix of...
On September 17, 2015, the Virginia Supreme Court addressed res judicata by claim preclusion and by issue preclusion (particularly collateral estoppel) in Lee v. Spoder, a Fairfax County appeal. Id. at 6-13. Notably, it delineated “unfairly prejudicial” evidence. Id. at 13-15. Lee emphasized: “The requirement under...
On November 23, 2015, Newport News Circuit Court drafted and entered its own hearing Order in the medical malpractice case of Nancy Peck v. Riverside Hospital, Inc., Riverside Healthcare Association, Inc., Sunny Freeman, R.N., Mallory Campbell, R.N., and Virginia Dilday, No. CL1400873V-04. It denied the...
On November 18, 2015, Mr. Waterman was selected to 2016 Virginia Super Lawyers. This marks the 8th consecutive time that he has been honored as a Virginia Super Lawyer since 2009. Mr. Waterman again is recognized for his primary practice area – Personal Injury Medical Malpractice:...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). It reports notable case outcomes nationwide in “Verdicts and Settlements”. Id. at 8-17. Trial for November, 2015, marquees 2 substantial California motor vehicle accident settlements. In “Unsafe...
The Trial Lawyer is the quarterly journal of the National Trial Lawyers (“NTL”) Top 100 Trial Lawyers. Its issue for Fall 2014 features two articles on motor vehicle accidents. The first is “Fatalities from Truck Accidents are Rise, Yet Industry Wants Congress to Relax Safety Standards”....
The 2016 Edition of “Best Law Firms” by U.S. News & World Report and Best Lawyers again has recognized Mr. Waterman’s law firm. Patten, Wornom, Hatten & Diamonstein, L.C. has been named a “Tier 1” law firm for 2016 too....
Va. Code §8.01-6.1 provides “relation back” and thereby timeliness of a Complaint amendment filed after the statute of limitation has run if: (i) the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth in the original pleading;...