On March 21, 2019, Governor Northam signed Senate Bill 1619 into law, changing what remedies are available to a court faced with a potential litigant or a party who has recklessly deprived another party of evidence. The new statute provides: A party or potential litigant has a duty to preserve evidence that…
In Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit recently affirmed a federal district court’s determination that a class action lawsuit arising out of a medical records safekeeping firm’s alleged failure to safeguard confidential medical records triggered an insurer’s duty to defend under a policy that afforded coverage…
The Supreme Court of Virginia recently affirmed a Circuit Court’s Order denying plaintiff’s motion to set aside the default judgment she obtained against the defendant, even though the defendant was never properly served with the summons and complaint. Sauder v. Ferguson arose out of an October 2009 motor vehicle accident. Susan Sauder…
It is increasingly difficult for defendants to win at the demurrer stage in negligence cases in Virginia. A recent Virginia Supreme Court decision further eviscerated the power of the demurrer and confirmed the Court’s apparent change in direction on this issue, away from the requirement that Plaintiffs must allege proximate cause and…
Stan Wellman has a broad civil litigation practice, which includes the areas of transportation and trucking, premises and products liability, construction, day care, defamation, sexual abuse, admiralty, aviation, toxic tort,…
Elizabeth Skilling was born in Roanoke, Virginia in 1962. Elizabeth began her career in 1987 with McGuire, Woods, Battle & Boothe in Richmond, Virginia. She joined Harman Claytor in November…
Julie focuses her practice on defending professionals in malpractice cases and disciplinary complaints. She also represents individuals and businesses in a wide variety of tort and contract claims in state…
John Owen was born in East Liverpool, Ohio in 1970. He joined Harman Claytor in June of 2000. Prior to entering the practice of law, John served as vice-president of…