In August, 2013, the Virginia State Bar publicized that its Standing Committee on Legal Ethics had approved Legal Ethics Opinion (“LEO”) 1871, regarding inadvertent receipt of confidential information during litigation discovery. LEO 1871 follows Va. Sup. Rule 4:1 (b)(6)(ii), which mandates a lawyer must destroy...
Effective July 1, 2013, the Virginia General Assembly amended and reenacted Va. Code Ann. §8.01-401.1 by Senate Bill 983. The revision materially affects expert opinion involving “published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as reliable...
Per House Bill 1892, Va. Code Ann. §8.01-249(6) was amended and reenacted by the General Assembly of Virginia effective July 1, 2013. It enlarges the statute of limitation for the special case of childhood sexual abuse. The amendment specifies that the cause of action for a...
With passage of House Bill 1477, the Virginia General Assembly amended and reenacted Va. Code Ann. §8.01-397, effective July 1, 2013. §8.01-397 is the so-called Dead Man’s Statute that is implicated in many wrongful death cases. The revision liberalizes the rule, adding that “in addition to...
By passing Senate Bill 1112, Va. Code Ann. §8.01-44.5 was amended and reenacted by the Virginia General Assembly, effective July 1, 2013. The revision eases the burden of proving intoxication in some vehicle accident cases. Where the vehicle accident Defendant has a blood alcohol concentration of...
The Virginia General Assembly passed House Bill 1433, thereby amending and reenacting Va. Code. Ann. §8.01-36 and §8.01-243.(B). The revisions materially change the recovery of medical expenses for infants in vehicle accident and other cases. §8.01-36 now provides in car crash and other cases that an...
Effective July 1, 2013, Senate Bill 1337 and House Bill 1618 amended and reenacted Va. Code Ann, § 8.01-262. The 2013 Virginia General Assembly modified Category B or permissible venue for wrongful death, personal injury and all other lawsuits. First, § 8.01-262 (1) made the “principal...
Va. Code Ann. § 8.01-420 was amended and reenacted by Senate Bill 1347 and House Bill 1708 of the 2013 Virginia General Assembly. Effective July 1, 2013, it qualifies the rule against using discovery depositions for summary judgment motions without agreement of all parties in...
Mr. Waterman was invited to review the recent publication of noted medical malpractice lawyer, Don Keenan, The Keenan Edge (Balloon Press 2012). It is great stuff: a 400-page potpourri of Reptile litigation philosophy, strategy, and tactics adapted from the first 2 years of his blog...
House Bill 1545 and Senate Bill 699 of the 2013 General Assembly of Virginia became effective July 1, 2013. It amended and reenacted Va. Code Ann. § 8.01-20.1, § 8.01-50.1 and § 16.1-83.1 re certification of expert witness opinion at the time of service of...
The July 2013 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), reported “Verdicts & Settlements”. A notable one was entitled “AUTOMOBILE ACCIDENTS: High-Speed, Road-End Collision”. Id.at 8. A Florida jury awarded over $25,000,000.00 to a rear-end victim who suffered a brain injury. Defendants...
On July 10, 2013, Mr. Waterman finalized compromise settlement of a three-car collision involving motorists of Gloucester and Newport News, Virginia. The offending driver suffered a seizure; crossed over the median on Jefferson Avenue near Center Avenue in Newport News, Virginia; hit the victim vehicle...
On July 9, 2013, Mr. Waterman recovered liability policy limits of $50,000.00 in the auto accident case of Ray v. Smith, No. CL1302098T-01 in Circuit Court for Newport News, Virginia. When USAA was steadfast with its $30,000.00 offer, he filed suit in Ray, and shortly...
On July 5, 2013, Mr. Waterman concluded a $200,000.00 settlement of a car crash claim paid by Progressive Insurance. His client was a Williamsburg resident whose vehicle was stuck by a Springfield driver in Richmond, Virginia. His client’s auto accident injuries required two-day hospitalization at VCU/MCV...
Trial is the monthly magazine of the American Association for Justice (“AAJ”). Its issue for July, 2013, which includes auto accident coverage, headlines: “Ready for Trial? Tips and Strategies to Get Prepared”. Trial’s lead articles are: “THROUGH THE EYES OF A JUROR,” id. at 12-17; “CUTTING...
In the medical malpractice case of Helen M. Eason, Administratix of the Estate of Mary Francis Taylor, Deceased, v. Sentara Hospitals, et al., No. CLI200470 in Circuit Court for the City of Hampton, Virginia, Mr. Waterman sought from Defendant Sentara Hospitals simply by HIPAA Authorization...
Mr. Waterman again was named to “Virginia Super Lawyers” for 2013. This legal recognition is the 5th consecutive time since 2009 that Mr. Waterman has been honored. Mr. Waterman is 1 of just 27 lawyers selected in the entire state for “PERSONAL INJURY PLAINTIFF: MEDICAL MALPRACTICE”....
AAJ’s monthly Trial magazine reports Verdicts & Settlements. Id. at 8-12. The lead report in its June 2013 issue is “Jury Finds Company Negligent in Installing 13-Year-Old Tire,” a vehicle crash case. Pre-trial, the salvage lot that sold the tire paid $800,000.00 in settlement and Michelin as maker of the tire contributed...
Trial is the monthly publication of American Association for Justice (“AAJ”). Its June 2013 issue covers “Business TORTS” with the following articles: “WEATHERING THE STORM of Causation Clauses,” id. at 14-21; “BATTLE WITH THE BANKS,” id. at 22-27; CALCULATING DAMAGES IN SECURITIES CLASS ACTIONS,” id....
On June 6, 2013, the Virginia Supreme Court issued New Dimension, Inc. v. Tarquini, No. 120760, re the pleading of affirmative defenses. Although New Dimensions involved the federal Equal Pay Act, its holding still may affect state wrongful death and personal injury cases. New Dimensions reiterated...
Washington Lawyer is the monthly journal of the District of Colombia Bar. The cover story of its June 2013 issue is “Marijuana: Will It Ever Be Legal?”. Id. at 1, 24-31. In late 2012, Colorado and Washington legalized marijuana, and similar voter initiates nearly passed in...
This month Mr. Waterman settled a car crash claim with the offending motorist’s insurer, Progressive Automobile Insurance, without filing suit. The collision occurred on East Little Back Road near North Kind Street in Hampton, Virginia, and involved residents of Yorktown and Hampton. Mr. Waterman routinely handles...
On May 20, 2013, Mr. Waterman filed the lawsuit entitled Cynthia M. Ray v. Spencer M. Smith and India V. Parker, No. CL1302098T-01 in Circuit Court for the City of Newport News, Virginia. Defendants’ insurer, USAA, ignored repeated demands to tender its liability policy limits...
The May 2013 issue of Trial reported a half-dozen Verdicts & Settlements. Id. at 8-12. One is a medical malpractice lawsuit for negligent laparoscopy that settled for roughly $1,000,000.00 in California. Id. at 8-9. Another is a special case of product liability involving after-market modifications of...
Trial is the monthly magazine of the American Association for Justice (“AAJ”). Its May 2013 is its annual issue on “Medical Malpractice”. Five articles are featured: “Dangers of Electronic Medical Systems,” id. at 14-19; “The Pros and Cons of Practice Guidelines,” id. at 20-25; “EMERGENCY ROOM...
This week a lawsuit scheduled for Court–facilitated mediation was settled by Mr. Waterman. It arose out of a 3–car crash on I-64 East near Victoria Boulevard in Newport News, Virginia, involving residents of Hampton, Yorktown, and Newport News. Defendant offending motorist was cited and found guilty...
Eason v. Sentara Hospitals [and] Sentara Careplex Hospital, No. 12000470 is an alleged wrongful death or survival case pending in Circuit Court for the City of Hampton, Virginia. On January 19, 2013, Plaintiff obtained a written expert opinion that both Sentara Defendants deviated from the...
Some medical malpractice defense lawyers have resorted to questioning patients’ experts in deposition whether their litigation testimony supposedly violates membership standards of their professional societies. Query: if the subsequent professional discipline of the patient’s expert by the society can result in a lawsuit verdict against...
Trial is the monthly magazine of the American Association for Justice (“AAJ”), of which Mr. Waterman has been a member for decades. Trial’s April 2013 issue marquees “False Claims for Unrendered Nursing Home Care” under its Verdicts and Settlements. Id. at 8. The AAJ article reports...
On April 18, 2013, the Virginia Supreme Court issued The Doctors Company v. Women’s Healthcare Associates, Inc., No. 120702. That 7-2 decision found the medical malpractice insurer owed coverage for a breach of contract claim arising out of the healthcare provider’s failure to participate in...