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Virginia Product Liability Law: Please Don’t Confuse Us with California

As we say in Virginia, that dog doesn’t hunt. A recent California federal court opinion applied Virginia law to dismiss various product liability claims against a catheter manufacturer. In Boyer v. Abbott Vascular Inc., 2023...more

OSHA Sends Message to Treatment Facility: Keep Workers Safe from Violent Patients

Workplace violence has become a serious issue for employers throughout the United States. In addition to the potential civil liability and workers’ compensation liability, employers must consider the potential for OSHA...more

Finding More Time to Perfect Removal to Federal Court

Even practitioners well-accustomed to federal practice often overlook the critical rule regarding the deadline for removal when a defendant has been served through a statutory agent, an agent appointed to receive process by...more

It’s Official: Virginia is for Pony Lovers

Virginia recently designated into law the Commonwealth’s 38th official symbol – the Chincoteague ponies. On March 27, 2023, Virginia Governor Glenn Youngkin signed a law naming the Chincoteague ponies the official Virginia...more

Virginia Creates New Cause of Action for Adult Victims of Sexual Abuse Against a “Person of Authority”

On March 15, 2023, Virginia Governor Glen Youngkin signed House Bill 1647 into law. The new law amended and reenacted Virginia Code § 8.01-243 to create a civil cause of action for injury to a person 18 years of age or older...more

Avoiding Costly Whistleblower Claims for Alleged Retaliatory Conduct After An Employee’s Workplace Safety Complaint – Pointers...

A federal court recently awarded an employee $9.8 million in a safety retaliation case. See Sanders v. BNSF Ry. Co., 2022 BL 432941, No. 0:17-cv- 05106 (D. Minn. Dec. 5, 2022). A jury found that the railway employer...more

You've Heard of Medicare and ERISA Liens, but What About the Federal Medical Care Recovery Act? The Federal Law Controlling the...

Claims adjusters are frequently warned to identify and resolve Medicare and Employee Retirement Income Security Act (“ERISA”) liens before finalizing settlements in personal injury claims. But there is another federal law...more

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