The death of Leesburg, Virginia resident Kathleen Becker, killed by a drunk teenager, raises once again the issue of holding everyone responsible who played a part in this tragedy. According to the Washington Post, the Westfield High School student has now been charged with involuntary manslaughter and may face trial as an adult. But someone either sold this young lady alcohol or served it to...
"Unarmed" with good information, that is. Alaska personal injury attorney Michael Schneider has a great example today of how an injured victim's trust ended up costing him. According to Mike, the Allstate rep "earned" the victim's trust with their "you don't need a lawyer, you'll do just fine with us" mantra.The problem is that in dealing with an adjuster, the information is usually flowing only...
The Republicans in Virginia are disperately trying to hold onto their seats in the Virginia General Assembly. On September 18, Republican Senator Jeanmarie Devolites-Davis, was in a debate with Chap Peterson when this question was posted:"In light of the tragedy at Virginia Tech, how will can we improve access to student records, particularly involving mental health?"Her answer: "the fear of...
The Supreme Court of Virginia has ruled that a City of Newport News jury's verdict of $10.4 million did not "shock the conscience of the court" in a case involving exposure to asbestoses. The defendant, John Crane, Inc. urged the Supreme Court to look at "average verdicts" in other similar cases involving injury and death from asbestos. Rejecting that argument, the Court ruled that the facts and...
Cheers for the Supreme Court of Virginia, ruling that Circuit Court for the City of Norfolk did not have the authority to enact a "local rule" for its courts that conflicted with Virginia law.In an effort to "move cases along," many circuit courts in Virginia had enacted 'local rules' (sometimes they call them 'guidelines' but its no different) that force dismissal of cases that aren't pursued...
Think technology is good for tracking speeders and red light runners?How about this story out of our own Fairfax County: Seems the tollbooths on the Dulles Toll road malfunctioned over several months. Drivers reported paying the toll, but not getting a green light. Since many of the tollbooths are unmanned, there was no one to fix the error. Meanwhile, drivers backed up at the tollbooth start...
Here's another major trick we see them use. They deny your claim and ask you to submit an appeal. When you do so they say that "The ability to produce a detailed document such as your personal profile is indicative of an ability to produce quality work" (and thus work).This is really a silly statement unless you know such facts as who prepared or assisted in the preparation of the document and...
Here's one we still see with some frequency in ERISA governed long term disability insurance claims. The insurance company makes a decision that the claimant is not disabled, and writes (or calls) the treating docotor with this type of message: "Dear Doctor, our review indicates your patient could work a 40 hour week, no problem. If you don't agree with our review, let us know within 10 days or...
My family is insured under an individual health insurance policy with CareFirst BlueCross Blue Shield here in Virginia. Every so often I get a letter from a law firm called Seidel Subrogation Associates, LLC, which demands information from me, on behalf of CareFirst BlueCross BlueShield.Someone is paying to send out the letters. Probably me since I am a policy holder.CareFirst has obviously...
Ok, so you get yourself in hot water with the feds over your alleged dog fighting scheme and the nuts come out. Now, Michael Vick has been sued in Federal Court in Richmond, Virginia for $63 billion by an inmate in South Carolina who alleges that Vick:Stole pit bulls from him to use for fightingDamaged the RFID chips in his dogs' collars so they couldn't be trackedSold the dogs on EBAY (and used...
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