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Virginia Court of Appeals nixes 6 person spa pool as treatment under workers compensation
September 4th, 2011
In Portsmouth School Board v Harris, No. 0026-11-1 (Va. App. July 19, 2011), the Court reversed a decision by the Virginia Workers Compensation Commission, which held that the employer was responsible for paying for a six-person spa pool purchased by the claimant, as physician-ordered treatment which was reasonable, necessa…
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Legal malpractice insurer breached duty to defend, affirms 4th Circuit
September 1st, 2011
In Minnesota Lawyers Mutual Insurance Co. v. Batzli, Nos. 10-1684, 10-1839, 10-1910 (4th Cir. Aug. 4, 2011)(unpublished), the 4th Circuit affirmed the trial court’s denial of a post-trial motion for judgment as a matter of law, made by the insurer, that challenged the jury’s verdict that the insurer breached its…
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Virginia Court of Appeals denies workers compensation award during work furlough
July 15th, 2011
In Utility Trailer Manufacturing Company and Liberty Insurance Corporation v. Testerman, No. 1484-10-3 (Va. App. July 12, 2011), the Court considered the issue whether a furlough from work of pre-defined and limited duration, applicable to all manufacturing employees, both those with and without restricted work capacity, ju…
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Coverage Issues in Review: E.D. of Virginia Tackles Pollution Exclusion in Chinese Drywall case
June 26th, 2011
Most liability insurance policies include what is commonly referred to as a “pollution exclusion” provision, which essentially excludes insurance coverage for bodily injury or property damage arising out of the discharge of “pollutants.” The inception of the pollution exclusion provision in liability…
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Jordan Coyne & Savits, L.L.P.‘s most recent newsletter, “Extraordinary Writs”, is now available
April 12th, 2011
The most recent issue of Jordan Coyne & Savits, L.L.P.’s newsletter is available here.
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Foreign subpoenas are still often a foreign concept
March 18th, 2011
Trial lawyers in the Washington, D.C. metropolitan area soon realize that almost every case can require discovery across jurisdictional boundaries. For cases where there is diversity or federal question jurisdiction, removal to federal court makes discovery easier. But when removal is not an option, the Uniform Interstate D…
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4th Circuit strictly construes removal deadline where multiple defendants are served
February 8th, 2011
The procedure for removal of a state law claim to federal court is usually simple. After the defendant is served with the complaint, she has 30 days to file a notice of removal, or the case remains in state court. 28 USC sec. 1446. But what if there are multiple defendants who are served with the complaint on different days…
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Breach of employment severance contract - plaintiff’s verdict reversed in Virginia
February 2nd, 2011
In Isle of Wight County v. Nogiec and Small v. Nogiec, Nos. 091693 and 091731 respectfully (Va. Jan. 13, 2011), the Court reversed an award for breach of contract against the County and considered whether statements given to the County’s Board of Supervisors were entitled to absolute privilege. The Plaintiff, after be…
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Virginia Supreme Court affirms jury verdict of $200,000 in malicious prosecution case
January 23rd, 2011
In O’Connor v. Tice, No. 091941 (Va. Jan. 13, 2011), the Court affirmed a jury verdict for malicious prosecution. The jury awarded $200,000 for malicious prosecution over a dispute concerning about $2300. The plaintiff was a contractor who had been hired to paint a commercial building, and was paid an advance of about…
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Virginia Supreme Court reaffirms innocent victim of horseplay doctrine in workers compensation law
January 21st, 2011
In Simms v. Ruby Tuesday, Inc., No. 091762 (Va. Jan. 13, 2011), the Court considered the issue whether the actual risk test analysis articulated in Hilton v. Martin materially changed the “innocent victim of horseplay” doctrine under Virginia’s workers compensation law. After reviewing the history and poli…
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