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 may be relevant to reasonably foreseeable litigation. In determining whether and at what point such a duty to preserve arose, the court shall include in its consideration the totality of the circumstances, including the extent to which a party or potential litigant was on notice that specific and … Continue reading →
Harman Claytor Corrigan & Wellman partner Clint Verity recently published an article discussing the case law that plaintiffs rely upon to bring punitive damage claims against commercial drivers. You can find the article here. The article originally appeared in the Journal of Civil Litigation, Vol. 30, No. 1 (Spring 2018), a publication of the Virginia Association of Defense Attorneys. It appears here with permission. … Continue reading →
HCCW partner Tom Garrett recently prevailed on an appeal before the United States Court of Appeals for the Tenth Circuit. Higby Crane Serv., LLC, et al. v. National Helium, LLC, et al., Case Nos. 16-3271 and 16-3279 (10th Cir. Aug. 14, 2017). Higby Crane involved a subrogation action to recover amounts paid under a commercial inland marine policy for damage to a crane as a result of an overnight flashfire at a helium production plant. The defendants contended that the anti-subrogation rule prohibited the action because they were entitled to additional insured coverage under the CGL policy issued to the … Continue reading →
Harman Claytor Corrigan & Wellman, P.C. would like to congratulate the following nine attorneys for being selected by their peers for inclusion in the 2018 Edition of The Best Lawyers in America. Michael E. Harman “Lawyer of the Year” Professional Malpractice Law – Defendants – Richmond Area Personal Injury Litigation – Defendants John M. Claytor “Lawyer of the Year” Insurance Law – Richmond Area David P. Corrigan Employment Law – Management Stanley P. Wellman “Lawyer of the Year” Product Liability Litigation – Defendants – Richmond Area John R. Owen Personal Injury Litigation – Defendants Product Liability Litigation – Defendants … Continue reading →
Harman Claytor Corrigan & Wellman Partner Julie Palmer recently published an article discussing the ins and outs of defending premises liability cases arising on rental properties. You can find the article here. The article originally appeared in the Journal of Civil Litigation, Vol. 29, No. 1 (Spring 2017), a publication of the Virginia Association of Defense Attorneys. It appears here with permission. … Continue reading →
The U.S. Court of Appeals for the Fourth Circuit has issued a pair of decisions establishing a new test for identifying “joint employers” under the Fair Labor Standards Act. No. 151915.P, Salinas v. Commercial Interiors, Inc., and No. 151857.P, Hall v. DIRECTV, LLC, both decided January 25, 2017. All federal District Courts in the Fourth Circuit – Virginia, West Virginia, North and South Carolina, and Maryland – must now apply what we will call the Salinas test. Joint employer questions typically arise in contractor-subcontractor, parent-subsidiary, and employment referral agency contexts, among others. A finding that a company is a joint employer of … Continue reading →
On June 2, 2016, the Supreme Court of Virginia decided two important cases for local governments and employers. George Somerville, of Harman Claytor, filed amicus briefs in support of the prevailing parties – one upholding a plea of public employee sovereign immunity and the other rejecting an argument that an employer must provide an employee advance notice of termination. In Pike v. Hagaman, Record No. 151193, the Supreme Court held that a nurse employed by VCU was entitled to sovereign immunity. The defendant, Hagaman, is a nurse in the Surgical Trauma Intensive Care Unit at VCU Medical Center. The plaintiff “underwent … Continue reading →
A broad overhaul of Virginia Code § 38.2-2206 (Virginia’s Underinsured Motorist Statute) will result in new rights and responsibilities for claimants, tortfeasors, liability carriers and underinsured motorist carriers in settling claims. The most significant of these changes is that a liability insurer and a plaintiff may settle a claim and release the tortfeasor while still allowing the plaintiff to proceed against the UIM insurer. The statute also may shift the duty to defend entirely to the UIM insurer while extinguishing its subrogation rights, resulting in increased costs to an underinsured motorist carrier with no ability to recover from the tortfeasor. … Continue reading →
