Virginia: Wrongful Death – a Lawyer’s Argument

Virginia: Wrongful Death – a Lawyer’s Argument

On February 16, 2014, the Virginia Supreme Court heard oral argument in the consolidated wrongful death appeals in Harman v. Honeywell, Inc., No. 130627. Mr. Waterman authored the Brief Amicus Curiae and Reply Brief Amicus Curiae for the Virginia Trial Lawyers Association in Support of Appellant, Harman.

Oral argument was highly unusual in Harman since only Appellant argued and was accorded 20 instead of 15 minutes by the Court. Appellee, Honeywell, was barred from oral argument and its Brief in Opposition was not considered filed because the “Virginia” lawyer under whose name it was filed actually was not an “active member” of the Virginia Supreme Court and Honeywell failed to file the necessary corrective pleadings timely.

Presumptively the Virginia Supreme Court will issue its decision in Harman in June, 2014. Mr. Waterman is guardedly optimistic it will be for reversal and remand for retrial of the two wrongful death claims.