Ian Lambeets

Ian Lambeets

Sands Anderson PC

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Virginia’s Privity of Contract Defense Continues to Protect Defendants in Economic Loss Cases

I am often told by clients that they are protected from a lawsuit because they have a corporation. The advice I usually give them is that while the corporate shield is strong it does not protect them if they are negligent...more

6/18/2014 - Employer Liability Issues Negligence Personal Liability Privity of Contract

Harman v. Honeywell International

The Supreme Court of Virginia’s recent opinion in Harman v. Honeywell International, Inc., Case No. 130627 (June 5, 2014) contains a wealth of analysis on a number of evidentiary rules that every trial lawyer will likely...more

6/18/2014 - Evidence Honeywell International Patent Infringement Patent Litigation Patents

Selective Way Ins. Co. v. Schulle, Western District of Virginia

The Western District of Virginia reaffirmed the standard for production of information during discovery, as well as the importance of fair mediation, in its recent decision of Selective Way Insurance Co. v. Schulle. ...more

4/29/2014 - Discovery Mediation Motion to Compel Wrongful Death

Judge Sets Aside $3 Million Jury Verdict because Expert’s Testimony is Baseless

Recently, in Cross v. Spears, CL 12-436, a Martinsville Circuit Court judge set aside a 3 million dollar jury award and ordered a new trial based on a ruling that the plaintiff’s toxicologist’s opinion testimony was “totally...more

3/14/2014 - Expert Testimony Jury Verdicts

Virginia Supreme Court Clarifies the Law on Defamation

On October 31, 2013, the Virginia Supreme Court published its opinion in Cashion v. Smith, et al. This opinion provides invaluable guidance on the elements of and defenses to defamation claims....more

12/12/2013 - Defamation Healthcare Professionals Qualified Privilege

Court of Appeals leaves nearly all hours-of-service regulations intact

In the words of Alabama, “Roll on eighteen-wheeler, roll on” but be certain to heed the newly upheld hours-of-service regulations. The Court of Appeals’ recent decision in American Trucking Association Inc. v. FMCSA (find...more

8/30/2013 - Rest and Meal Break Trucking Industry Wage and Hour

Top 5 Things-to-Know About Notifying Claimants of Settlement Payments

As many insurers are already aware, Virginia law now requires insurers to notify claimants and judgment creditors of all full and partial settlements over $5,000. The law applies to all lines of insurance except those...more

8/15/2013 - Insurers Notice Requirements Settlement

Revamping the DSM-5: What This Means for Defense Attorneys

The American Psychiatric Association’s recent changes to the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) provide another arrow in the quiver for plaintiffs seeking recovery for psychological injury. These...more

8/15/2013 - American Psychiatric Association DSM Emotional Injury Claims Insurers Mental Illness PTSD

Limited Tort Reform Passes Virginia Assembly

Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more

4/17/2013 - Proposed Legislation Punitive Damages Tort Reform

Rule 3:22A: Expanding the Scope of Voir Dire

On January 1, 2013, a new rule passed by the Supreme Court of Virginia governing voir dire in civil trials took effect. Rule 3:22A, in essence, will both expand and standardize the scope of questioning permitted during voir...more

4/9/2013 - Jury Questions Jury Selection Voir Dire

Preserving a UM/UIM Carrier’s Right to Defend

In its recent decision in Transportation Ins. Co. v. Womack, the Virginia Supreme Court held that uninsured/under-insured motorist (UM/UIM) carriers who cede control over litigation to a defendant or his liability carrier...more

1/4/2013 - Approbate Chapter 7 Judicial Estoppel Reprobate Right To Defend Uninsured and Under-Insured Motorists

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