In Alexandria Redevelopment & Housing Authority v. Walker, 290 Va. 150, 772 S.E.2d 297 (2015), the circuit court clerk incorrectly file-stamped the appellant’s notice of appeal one day after the deadline. The appellee moved to dismiss the appeal but did not file a cross-appeal or assign cross-error in her brief in opposition….
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…
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…
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…
Conventional wisdom has it that the Supreme Court of Virginia has not and probably never will articulate the standard or standards that trial courts should apply in deciding whether to grant a temporary (or preliminary) injunction. The reasons are that the Court has the authority to review temporary injunction orders only under…
The finality rule is among the most fundamental rules of appellate procedure, as every appellate lawyer knows (or certainly should know). With few exceptions, appellate courts have jurisdiction only to review final judgments or orders of trial courts and other tribunals. See, e.g., 28 U.S.C. §§ 1291, 1292; Va. Code §§ 8.01-670, 8.01-670.1. In…
Each year, no more than five percent of the lawyers in each state are selected by the research team at Super Lawyers to receive this honor. Michael E. Harman Transportation Top 50 Lawyers in Richmond Top 100 Lawyers in Virginia 10+ Years Selected to Super Lawyers John M. Claytor Insurance Coverage Top 50 Lawyers in…
Harman Claytor welcomes two new attorneys. George A. Somerville, joins the firm as senior counsel and will concentrate his practice in Appellate Litigation. Elizabeth O. Papoulakos, joins the firm as an associate and will concentrate her practice in general civil litigation, including motor vehicle, premises and products liability.