Civil Remedies And Procedure
Virginia 2014 Regular Session
Prejudgment interest on awards; insurer denial of coverage or liability. [SB-233]
Prejudgment interest on awards; insurer denial of coverage or liability. Requires an insurer to pay interest on the principal sum awarded by the court at the judgment rate from the date of the filing of a civil action that is instituted by an insured against his insurer, or by a third party asserting a claim against an insured covered by an insurer under a liability insurance policy, when the action is instituted after the insurer has denied coverage or liability.
Sponsored by: Sen. John Petersen
Failed To Report (defeated) In Courts Of Justice (5-y 10-n) on 01/15/2014
Spread the world
Gettr Virginia 2014 Regular Session
Domestic corporations; service of process. [SB-232]
Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office.
Sponsored by: Sen. John Petersen
Committee Substitute Printed To Web Only 14103714d-s1 on 01/13/2014
Spread the world
Virginia 2014 Regular Session
Judgment on affidavit in action upon contract or note; defect in affidavit, continuance. [SB-230]
Judgment on affidavit in action upon contract or note; grounds for dismissal. Provides that in an action upon a contract or note for which the plaintiff is entitled to judgment on an affidavit the plaintiff shall be entitled to a continuance in the event of a defect in the affidavit.
Sponsored by: Sen. John Petersen
Governor: Acts Of Assembly Chapter Text (chap0688) on 04/06/2014
Spread the world
Virginia 2014 Regular Session
Injunctions; aggrieved party shall serve copy of petition for review, response filed within 7 days. [SB-229]
Injunctions; objection to petition for review. Requires an aggrieved party that files a petition for review of the granting or denial of an injunction with the Virginia Supreme Court or Court of Appeals to serve a copy of the petition for review on the counsel for the opposing party. The bill allows the opposing party seven days after service within which to submit its opposition to the petition, unless the court determines a shorter time frame.
Sponsored by: Sen. John Petersen
Governor: Acts Of Assembly Chapter Text (chap0526) on 04/03/2014
Spread the world
Virginia 2014 Regular Session
Judgment; rate of interest, cap. [SB-197]
Judgment rate of interest, cap. Provides that the interest rate on a money judgment entered on or after July 1, 2014, in an action arising from a contract shall be the rate provided by the contract until the judgment date and six percent thereafter. Currently, the judgment rate of interest for a money judgment is the rate provided by the contract or six percent, whichever is higher.
Sponsored by: Sen. Phillip Puckett
Left In Commerce And Labor on 02/11/2014
Spread the world
Virginia 2014 Regular Session
Physician assistant; expert witness testimony. [SB-185]
Expert witness testimony; chiropractor; physician assistant. Allows a properly qualified physician assistant to testify as an expert witness in a court of law on certain matters within the scope of his activities as authorized under Virginia law, except in any medical malpractice action for or against (i) a defendant doctor of medicine or osteopathic medicine regarding standard of care or (ii) a defendant health care provider regarding causation. The bill also adds "treatment" and "treatment plan" to those matters about which a chiropractor may
(continued...)
Sponsored by: Sen. Richard Stuart
Governor: Acts Of Assembly Chapter Text (chap0361) on 03/27/2014
Spread the world
Virginia 2014 Regular Session
Statute of limitations; injury to property, actions by the Commonwealth. [HB-969]
Statute of limitations; damage to property; actions by the Commonwealth. Provides for a statute of limitations of five years for actions for injury to property brought by the Commonwealth against a tort-feasor for expenses arising out of the negligent operation of a motor vehicle.
Sponsored by: Rep. Benjamin Cline
Governor: Acts Of Assembly Chapter Text (chap0586) on 04/04/2014
Spread the world
Virginia 2014 Regular Session
Court files; protection of confidential information. [HB-952]
Protection of confidential information in court files. Provides that whenever a party in a civil action files a motion or other document with a court containing a social security number or other identification numbers on driver's licenses, credit cards, debit cards, bank accounts, or other electronic billing and payment systems, such party shall make reasonable efforts to redact all but the last four digits of such number. The bill also provides that failure to redact such information does not create private cause of action against the party or
(continued...)
Sponsored by: Rep. Benjamin Cline
Governor: Acts Of Assembly Chapter Text (chap0427) on 03/31/2014
Spread the world
Virginia 2014 Regular Session
Jurors; persons liable to serve. [HB-938]
Persons liable to serve as jurors. Provides that, for purposes of determining whether a person is liable to serve as a juror, military personnel of the United States Marine Corps and Coast Guard are not considered residents of the Commonwealth merely by reason of being stationed in the Commonwealth. Members of the United States Army, Air Force, and Navy are likewise not considered Commonwealth residents under current law.
Sponsored by: Sen. Scott Surovell
Left In Courts Of Justice on 02/12/2014
Spread the world
Virginia 2014 Regular Session
Unlawful dissemination or sale of images of another; civil action, penalty. [HB-935]
Civil action for unlawful dissemination or sale of images of another. Provides for a civil cause of action for the dissemination or sale of images depicting another person who is totally nude, in a state of undress, or engaged in sexual conduct where such person knows or has reason to know that he is not licensed or privileged to do so and the person depicted suffers substantial emotional distress.
Sponsored by: Sen. Taylor Mason
Continued To 2015 In Courts Of Justice By Voice Vote on 02/07/2014
Spread the world
Virginia 2014 Regular Session
Discovery rule; statute of limitations. [HB-85]
Discovery rule; statute of limitations. Provides that the period of limitations for filing a cause of action for injury resulting from implanted medical devices, toxic exposure, or prescribed or over-the-counter medications accrues from the time the person knew or should have known of the injury and its causal connection to such device, substance, or medication. The bill is a recommendation of the Boyd-Graves Conference.
Sponsored by: Rep. Gregory Habeeb
Left In Courts Of Justice on 02/12/2014
Spread the world
Virginia 2014 Regular Session
Firearms; criminal history record information checks for sales, penalty. [HB-812]
Sale of firearms; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.
Sponsored by: Rep. Kenneth Plum
Left In Militia, Police And Public Safety on 02/12/2014
Spread the world
Virginia 2014 Regular Session
Medical malpractice proceedings; standard of care. [HB-78]
Medical malpractice proceedings; standard of care. Prohibits medical malpractice claimants from relying solely upon insurer or federal practice guidelines or reimbursement criteria to establish or define standard of care without expert testimony. The bill also provides that compliance with such guidelines, without competent expert testimony, shall not establish a health care provider's compliance with the standard of care owed by the health care provider to a patient.
Sponsored by: Rep. Patrick Hope
Left In Courts Of Justice on 02/12/2014
Spread the world
Virginia 2014 Regular Session
Health care policy, group health benefit plan, and health plan; definitions. [HB-765]
Health care policy, group health benefit plan, and health plan; definitions. Updates references to federal programs in the definitions of "health care policy," "group health benefit plan," and "health plan."
Sponsored by: Rep. Lee Ware
Governor: Acts Of Assembly Chapter Text (chap0417) on 03/31/2014
Spread the world
Virginia 2014 Regular Session
Virginia Fraud Against Taxpayers Act; liability for employment discrimination. [HB-731]
Virginia Fraud Against Taxpayers Act; liability for employment discrimination. Provides that when an employee is discriminated against in the terms and conditions of employment in whole or in part because of lawful acts done in furtherance of an action under the Virginia Fraud Against Taxpayers Act, or because of other efforts to stop a violation of the Virginia Fraud Against Taxpayers Act, joint and several liability shall extend to the officer or agent of the Commonwealth responsible for the adverse employment action.
Sponsored by: Rep. L. Scott Lingamfelter
Failed To Report (defeated) In Courts Of Justice (7-y 7-n) on 02/26/2014
Spread the world
Virginia 2014 Regular Session
Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action. [HB-728]
Discriminatory and retaliatory action against whistle blower; remedies. Provides that no employer may discharge, threaten, or otherwise discriminate or retaliate against a whistle blower, in whole or in part, because the whistle blower is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry by an appropriate authority or in a court action. The bill also provides that any whistle blower may bring a civil action for prohibited actions against him in the circuit court of the jurisdiction where
(continued...)
Sponsored by: Rep. L. Scott Lingamfelter
Governor: Acts Of Assembly Chapter Text (chap0335) on 03/27/2014
Spread the world
Virginia 2014 Regular Session
Writ of actual innocence; biological evidence, petitioners pro se. [HB-724]
Writ of actual innocence based on biological evidence; petitioners pro se. Provides that the Supreme Court shall not accept a petition for a writ of actual innocence based on biological evidence from a petitioner pro se unless such petition is accompanied by a certificate that a copy of the petition and all attachments has been sent to the attorney for the Commonwealth for the jurisdiction where the conviction or adjudication of delinquency occurred and to the Attorney General. This duplicates the practice for a pro se petition for a writ of actual
(continued...)
Sponsored by: Sen. Jennifer McClellan
Stricken From Docket By Courts Of Justice By Voice Vote on 01/27/2014
Spread the world
Virginia 2014 Regular Session
Personal action for injury to person; malpractice against health care provider, failure to report. [HB-718]
Personal action for injury to person; malpractice against health care provider; failure to report diagnosis of cancer. Provides that where negligence for a delay in communicating to a patient the interpretation of an imaging or diagnostic test or study in a malpractice claim against a health care provider who ordered such test or study that was interpreted to reveal a diagnosis of a malignant tumor or cancer, the normal two-year statute of limitations is extended for a period of one year from the date the diagnosis of a malignant tumor or cancer
(continued...)
Sponsored by: Sen. Jennifer McClellan
Stricken From Docket By Courts Of Justice By Voice Vote on 01/27/2014
Spread the world
Virginia 2014 Regular Session
Trafficking in persons; penalties. [HB-716]
Trafficking in persons; penalties. Creates new felonies for trafficking in persons for forced labor or sexual servitude and adds the new felonies as a predicate criminal act under the criminal gang statute, as racketeering crimes, and to the functions of a multijurisdiction grand jury, and also allows seizure and forfeiture of property used in committing such felonies. The new felonies and the existing felony of receiving money for procuring a person are added to the rape shield statute. The bill also makes sexual servitude an affirmative defense
(continued...)
Sponsored by: Sen. Jennifer McClellan
Continued To 2015 In Courts Of Justice By Voice Vote on 02/07/2014
Spread the world
Virginia 2014 Regular Session
Recording of evidence, etc.; misdemeanor cases electronically in circuit court. [HB-704]
Recording of trial, etc.; misdemeanor cases in circuit court. Requires the circuit court in misdemeanor cases to allow the Commonwealth, the defendant, or both to record evidence and incidents of trial by a mechanical or electronic device in cases in which there is no court reporter or other court-approved verbatim recording. The purpose of the recording is to aid counsel in producing a statement of facts for appeal when there is no transcript. The recording will not be made a part of the record unless otherwise permitted.
Sponsored by: Rep. C. Todd Gilbert
Governor: Acts Of Assembly Chapter Text (chap0078) on 03/03/2014