Trial Tactics Workshop Registration Still Open, Legislative Update, and more... |
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VADA Defense Line
February 2024
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PRESIDENT’S WELCOME
Although February is usually a relatively quiet month on the VADA calendar, this month has been something of an exception. Our Legislative Committee has been hard at work monitoring bills and attempting to make sure that the interests of defense practitioners are taken into account.
Two bills have captured a fair amount of our attention and effort. One continues to meander through the legislative process, and other was voted down in the Senate Finance Committee. SB 256 creates a remedy in UM/UIM cases for an unreasonable failure to resolve the case. In shorthand, it would bring first party bad faith to Virginia in a dynamic way. The VADA Legislative Committee has offered language sought to temper the effects of the Bill and to offer suggestions that may assist practitioners in understanding the effects of the bill. Please keep your eyes peeled for future updates, this legislation is still a developing story.
SB 493 was a bill intended to eliminate the medical malpractice cap for plaintiffs who are less than 10 years of age. The bill was voted out of committee and as the Legislative Committee and other interested participants were planning our strategy, the bill was defeated in the Senate Finance Committee. It is a reminder that the grand bargain struck between the VTLA and healthcare providers will expire in the near future. Again, this is also a developing story that is of significant interest to our medical malpractice members.
On March 15 and 16 we have the Trial Tactics Workshop at the University of Richmond Jepson Center. We will be led by an array of experienced defense practitioners who will offer insight to lawyers based on their years of experience. We very much appreciate the participation of our coaches: Julie Palmer, Thomas Bell, Marshall Ross, John Peterson, Jonathan Hyslop, Surge Moghaddassi, Clint Verity and Bill Nossen. We will also be joined by four trial judges who have taken time from their schedule, including a weekend day, to work on this project. Special thanks also to Magistrate Judge Lawrence Leonard, Judge Tonya Bullock, Judge David Carson, and Judge Bob Rigney.
Looking ahead, we will gather in Lynchburg on May 1-3 for the Spring Meeting at The Virginian.
James A. Cales III
VADA President 2023-24 |
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March 15-16, 2024
Jepson Alumni Center
University of Richmond
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There are still a few witness slots open at our two-day mock trial. Coaching, ahead of the event and on-site, will be provided by experienced members of the defense bar. Virginia judges will preside and provide constructive feedback throughout the trial.
Registration includes case file, all written materials, networking reception, continental breakfast, & box lunch. |
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May 1-3, 2024
The Virginian Hotel
Lynchburg
Registration opens soon -- watch your email! |
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The
2024 General Assembly is well underway in Richmond. February 13 was
Crossover, the last day for each chamber to act on its own legislation.
The House of Delegates passed 1,150 pieces of legislation, whereas 830 pieces
of legislation were passed by the Senate. A total of 823 pieces of
legislation have failed. VADA is carefully monitoring legislation, including
three bills of interest below:
H.B.
901 codifies that a party who has previously made a timely and specific
objection need not move for reconsideration in order to preserve the objection
for appeal. The bill was a recommendation of the Boyd-Graves
Conference. VADA supported the bill which was passed by the House 99-0
and the Senate 39-0 and is on its way to the Governor.
S.B.
493 would have eliminated the medical malpractice cap for claimants 10
years of age or younger. The bill received much attention in light of the
media coverage surrounding the death of a two-year-old after being given five
times the recommended dosage of acetaminophen. VADA opposed the bill and
prepared a written opposition to send to the House of Delegates should the
Senate pass the bill. The bill reported from the Senate Courts of Justice
Committee by a vote of 8-4 with 3 abstentions. However, the bill failed
to report from the Senate Finance and Appropriations Committee by a vote of
6-9.
S.B.
256 would create a cause of action for bad faith against an uninsured
or underinsured motorist carrier and allows for the bad faith claim to be
litigated in a post-judgment motion within the personal injury case. As
the bill was patroned by the majority leader, it reported from the Senate
Commerce and Labor Committee with a substitute by a vote of 12-3 and with
little debate. The Senate then passed the bill by a vote of 25-15.
The bill was assigned to the House Courts of Justice Civil Subcommittee,
where the subcommittee recommended reporting with amendments on February 19 by
a vote of 8-0. Patrick O’Grady testified in the Civil Subcommittee
advocating for several changes to the bill. VADA and the other opponents
were able to secure a cap on bad faith damages of $500,000, remove the
mandatory nature of the damages to allow judges discretion in how much to
award, and remove the emergency clause from the bill. The House Courts of
Justice Committee adopted the subcommittee’s recommendation and reported the substitute
by a vote of 17-2. The House of Delegates will likely vote on the bill
later this week. Assuming it passes, the bill will then go to Conference
Committee to resolve the discrepancies between the versions passed by the House
and Senate.
The General Assembly is scheduled to adjourn on March 9. |
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The Women’s Section is thrilled to be hosting dinner at The Craddock Terry Hotel during the Spring Sections Seminar at the Virginian Hotel in Lynchburg. The dinner
will be on May 2, 2024 at 6:45 p.m. More details to come! If you are interested in
joining the Women's Section email listserv, please reach out to Amy
Gilbody. In the meantime, stay tuned for updates on next events!
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When he's not in the office, this Fairfax, Virginia,
native and proud father of two loves being involved with his kids and their
various activities. His real life
superhero? His wife, Katy. For this and much more on this month's VADA
Spotlighted Member, click here. |
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Missed A Webinar
or Meeting? Did you know that many VADA Lunch & Learn webinars and online programs are available to watch on-demand? Click here to see the library of available content, which can be found in the members-only area of our website. |
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It’s membership
renewal time! We are still processing renewals every day – if you have
questions about your membership status please reach out to Executive Director
Sherma Mather at smather@vada.org or
Membership Section Chair Dare Essig at dessig@goodmanallen.com
for more information. |
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Please welcome our newest VADA members!
Matthew Ainsley
Thomas Thomas & Hafer
Steven Bond
Hampton City Attorney’s Office
Mamoun Mahayni
Lewis Brisbois Bisgaard & Smith
Marcelo Perez
Thomas Thomas & Hafer Jon Roellke
Gentry Locke
Matthew Stokes
McGavin Boyce Bardot Thorsen & Katz |
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Benefits of Self-Love
As attorneys, the majority of our time during the workday is spent thinking about other people. Often, we continue to think about our clients well outside of the hours of 9-5. In the time not spent thinking about work, we try to squeeze in time for children, family, and friends. This leaves little time to think about ourselves, much less self-love. The concept of self-love can be seen as selfish while there are so many other important things to spend time and focus on. However, scientific evidence suggests self-love can have a positive impact on mental health, self-esteem, and life satisfaction, which are all certainly worthy pursuits which benefit not only oneself, but all the people we come in contact within our day-to-day lives.1
Self-love can carry a negative connotation when thought of as self-obsession or narcissism. However, these connotations stray from the true definition of self-love. The Oxford Dictionary defines self-love as “regard for one’s own well-being and happiness.” The scientific definition of self-love is self-positivity bias.2 Developing this bias has evidence-based benefits including “healthy psychological functioning, influencing self-esteem, motivation, and determination.” People who have positive self-views are more likely to have lower stress, higher resilience, greater willingness to take risks, empathy, self-efficacy, more motivation, stronger determination, and better sleep.3 On the other hand, a lack of positively biased self-views “may contribute to mood and anxiety disorder.”
Not only does self-love have positive impacts on overall quality of life, but to some degree, self-love, particularly acknowledging and addressing emotional, physical, and mental needs, is necessary to maintain competency to practice law. As members of the Virginia Bar, we have a professional obligation to maintain our well-being. Comment 7 to Rule 1.1 of the VSB Rules of Professional Conduct recognizes that, “maintaining the mental, emotional, and physical ability necessary for the representation of a client is an important aspect of maintaining competence to practice law.”
So how do we foster self-love? Suggested practices include avoiding negative self-talk, creating personal rituals such as exercise or meditation, setting healthy boundaries (both at work and in one’s personal life), being compassionate towards yourself, and self-reflection to learn from failures and promote personal growth.4 More concrete practices include keeping a gratitude journal, giving yourself a compliment, speaking to yourself as you would a friend, celebrating small wins, and limiting time on social media.5
For more on what it means to practice self-love, check out this article from VCU Health: https://www.vcuhealth.org/news/loving-yourself-and-others-the-impact-of-compassion-on-mental-health-and-wellness. ____________________________
- Asghar, Andeleeb. The Science of Self-Love: The Evidence-Based Benefits of Loving Yourself. Ness Labs. https://nesslabs.com/self-love
- Id.
- Id.; see also Cooks-Campbell, Allaya. What self-love truly means and ways to cultivate it. Better Up. (Jan 2024). https://www.betterup.com/blog/self-love; Solis-Moreira, Jocelyn. 6 Ways to Practice Self-Love. Forbes (Jan 2023). https://www.forbes.com/health/mind/how-to-practice-self-love/.
- See supra, Asghar.
- See supra, Solis-Moreira.
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Join our social media sites where we post current court updates, relevant legal developments, and much, much more!
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VADA’S Mission
The
mission of the Virginia Association of Defense Attorneys is to develop and
support Virginia attorneys engaged in a civil defense practice in the
professional and ethical representation of their clients through education,
communication and fellowship. |
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Virginia Association of Defense Attorneys
11533 Busy Street, #327
N. Chesterfield, VA 23236
804-649-1002 | www.vada.org Executive Director: Sherma Mather
Director of Meetings: Amy Gilbody
Journal of Civil Litigation Managing Editor: Molly Terry |
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