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  • Vicarious Liability

    Vicarious Liability

    The concepts of vicarious liability and scope of employment are related.  However they are not identical.  If one is within the scope of employment then there will be vicarious liability. …

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  • Successor Liability

    Successor Liability

    Successor liability claims are based upon a successor having assumed liability either expressly or through conduct.  An express assumption of liability is just that. A party says it is assuming…

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  • Dead Man’s Statute

    Dead Man’s Statute

    Dead man’s statute may be a misnomer in that it applies to more than just dead men. It is intended to level playing field.

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  • Estoppel

    Estoppel

    Types of estoppel are equitable estoppel, judicial estoppel, collateral estoppel. Estoppel by inconsistent positions also judicial estoppel

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  • Contributory Negligence Bar

    Contributory Negligence Bar

    Contributory negligence bar means it bars claims where contributes to injury. It is a common law doctrine modified in most states.

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  • Collateral Source Cases

    Collateral Source Cases

    Collateral source cases may be either tort or contract matters according to a 2019 decision from the Virginia high court.

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  • Fiduciary Duty

    Fiduciary Duty

    Fiduciary duty cases arise from relationships and from proximity in time or distance. The source of the duty may be a contract.

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  • Craving Oyer

    Craving Oyer

    Craving oyer is an old form of pleading that has application to require a plaintiff to attach to the complaint a document that is necessary.

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  • Apparent Agency

    Apparent Agency

    Apparent agency is called agency by estoppel because it involves a representation which is relied on to that person’s detriment.

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  • Contract Litigation

    Contract Litigation

    Contract litigation in Northern Virginia is undertaken in both state and federal courts and involves a host of different issues.

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  • Accident Investigation

    Accident Investigation

    Accident investigation material is not privileged if gathered in the ordinary course of business. Most courts in Virginia have so ruled.

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  • Jury Research

    Jury Research

    Jury research is now more productive since clerks are required to disclose the panel members three days before trial if requested.

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