Blogs

Virginia Workers Compensation & Personal Injury Lawsuits Against Subcontractors

07/19/2019Vandeventer Black

The Virginia Workers Compensation Act prohibits employees from suing their employers for injuries incurred in the ordinary scope of employment. The Act provides an exclusive avenue of recourse for injured employees to recover against their employers. Section 65.2-307 of the Act provides that: The rights and remedies herein granted to an employee when his employer… Read more »

EDVA TRIVIA: Once the Fourth Circuit Overturned Justice Rehnquist!

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07/19/2019Paul, Dustin M.

While serving as an Associate Justice on the U.S. Supreme Court, Justice William Rehnquist presided over a trial in the Eastern District of Virginia, Richmond Division.  The case, Heislup v. Town of Colonial Beach, involved accusations that the plaintiff was suspended as a police officer for several days after making a public statement regarding police… Read more »

Non-EDVA Case of the Month (July)

07/16/2019Paul, Dustin M.

On June 25, 2019, the Second Circuit heard oral arguments that might cause flashbacks to the first year of law school for most lawyers.  In 1958, H.L.A. Hart posed a hypothetical in a Harvard Law Review article that has been repeated countless time in law school classrooms.  If a legal rule forbids you to take… Read more »

EDVA CASE TO WATCH: Morrison v. Norfolk Southern

07/11/2019Vandeventer Black

(2:19-cv-00296-RAJ-DEM) On June 3, 2019, William Morrison sued Norfolk Southern Railway Corporation in the Norfolk Division asserting claims under the Americans with Disabilities Act alleging that a job offer was withdrawn because of his weight.  The plaintiff alleges this action violates the Americans with Disabilities Act.  Within the Complaint, the plaintiff attributes his high body… Read more »

Judge Rebecca Beach Smith Will Take Senior Status

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07/05/2019Paul, Dustin M.

Former Chief Judge of the Eastern District of Virginia, the Honorable Rebecca Beach Smith, will take senior status effective August 1, 2019.  The U.S. Courts website now lists her seat as a “future vacancy” and lists her senior status as the reason for the vacancy.  Appointed by President George H.W. Bush in 1989, she was… Read more »

In the Words of Office Space, “What Would You Say You Do Here?”

07/02/2019Paul, Dustin M.

The internet does not lack for content, and you might think it takes a certain conceit to believe you have something original or interesting to add to the overwhelming volume.  Of course, a quick review of the average Instagram or Tumbler account would quickly inform you that the bar for new content is set extremely… Read more »

Mechanic’s Liens: Small Mistakes Can Have Large Consequences

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07/12/2017Lowenstein, Neil S.

Virginia’s mechanic’s lien process provides potential added security for contractors. A properly perfected mechanic’s lien provides for a secured interest respecting the property’s improvement, which can provide a means of recovery for non-payment that contractors otherwise would not have to secure payment for contract breach claims. Virginia’s code suggests that the mechanic’s lien filing process… Read more »

ICC Releases Updated A117.1 Building Accessibility Standard

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07/09/2017Nicholos, George M.

On June 29, 2017, the International Code Council (ICC), announced the release of an update to the 2009 ICC American National Standards Institute (ANSI) A117.1 Accessible and Usable Buildings and Facilities Standard. The ICC is the publisher of the International Codes or family of I-Codes as they are commonly known. One member of this family… Read more »

Claims for Additional Costs and Delays Under the New AIA A201 General Conditions of the Contract for Construction

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06/19/2017Vandeventer Black

The American Institute of Architects (AIA) publishes one of the most widely-used sets of form contracts for use on construction projects.  AIA, which historically has revised the forms every ten years, currently is publishing a new set.  The focus of this article is the new version of A201 “General Conditions of the Contract for Construction.” … Read more »