News & Events
Cam Beck speaks at ACI’s National Forum on Trucking Litigation
Cam Beck recently spoke at ACI’s National Forum on Trucking Litigation. He discussed the rise in direct negligence claims against trucking companies. His panel provided strategies to counter the plaintiff’s bar increasing use of these tort claims.
James W. Morris receives the Louis B. Potter Lifetime Professional Service Award
We congratulate James W. Morris, III for receiving the Louis B. Potter Lifetime Professional Service Award at the 2011 DRI Annual Meeting. This prestigious award is bestowed annually to only one DRI member. Jimmy is a former President of DRI and one of the firm’s senior partners. The award is for those that exemplify professional service and professionalism.
Joseph Moore moderates panel at ALFA Hospitality Practice Group Seminar
Joseph M. Moore moderated a panel of hospitality industry experts and lawyers on “The Use and Misuse of Social Media” at the ALFA Hospitality Practice Group Seminar held at the Westin Kierland in Scottsdale, Arizona. For more information about the presentation, please contact Joe at (804) 344-8300 or at .
Lawrence Dunn selected for Federation of Defense & Corporate Counsel membership
Lawrence A. “Lex” Dunn has recently been selected for membership in the Federation of Defense & Corporate Counsel. Founded in 1936 as the Federation of Insurance Counsel, the membership consists of defense counsel in private practice, in-house corporate and insurance counsel, and non-attorney claims executives, both internationally and in the U.S. The organization is highly selective in admitting new members and has a membership limitation of 1,000 attorneys in private practice in the United States.
Matthew Green to speak at upcoming VADA Spring Meeting
Matthew Green will be speaking at the upcoming VADA Spring Meeting on the current viability of the Sudden Emergency Doctrine.
Cam Beck addresses trucking industry in Chicago
In March, Cam Beck addressed trucking industry representatives and their attorneys in Chicago at the Premier Forum on Defending and Managing Trucking Litigation. His presentation focused on third party claims against manufacturers and direct claims of negligence against transportation companies.
Lawrence Dunn has been invited to join the Council on Litigation Management
Morris & Morris, P.C. is pleased to announce that Lawrence Dunn has been invited to join the prestigious Council on Litigation Management. The Council is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys. Through education and collaboration the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.
Cam Beck and Matt Green recently spoke at the Annual Meeting of the Virginia Association of Defense.
Cam Beck and Matt Green recently spoke at the Annual Meeting of the Virginia Association of Defense Attorneys at The Homestead in Hot Springs, Virginia. Cam provided an update on premises liability law, and Matt offered an analysis of the new amendment to the uninsured motorist statute.
Lawrence A. Dunn successfully asserts the defense of charitable immunity for the Salvation Army.
A judge in the Norfolk Circuit Court recently sustained a plea of charitable immunity for the Salvation Army and its driver/employee. Lawrence A. “Lex” Dunn represented the Salvation Army and its employee. A passenger in a van, which was operated by the Salvation Army, filed a complaint against the Salvation Army and its driver for injuries she sustained in an accident while being transported in the van to church activities run by the Salvation Army. Pursuant to Virginia Code section 38.2-2206(F), the Salvation Army and its driver/employee will continue on as named defendants; however, if any judgment is entered for the plaintiff, it will be entered against “Immune Defendants” and collectable only from any available uninsured motorist carrier insurance. Therefore, the Salvation Army is “immune” from any financial responsibility for any verdict entered in the case.
Antoinette Morgan & Lakai Vinson Serve as Co-Directors of Oliver Hill/Samuel Tucker Prelaw Institute
Antoinette Morgan and Lakai Vinson are serving as Co-Directors of the 2010 Oliver Hill/Samuel Tucker Prelaw Institute. The Institute targets a diverse group of students, seeking to attract minority high school students who would not normally have access to positive interactions with members of the Virginia State Bar. From July 18-23, 2010, Institute participants are introduced to the legal profession by living on a college campus and attending a number of mock classes and seminars on career opportunities in the law, test-taking strategies and the college admission process. Students meet with law school professors, judges, practitioners, guest lecturers and state and local bar association members. The Institute will culminate in a mock trial and graduation banquet, where the renowned David Baugh will be the featured speaker.
Lawrence A. “Lex” Dunn appointed to a Virginia State Bar Special Committee
Lawrence A. “Lex” Dunn was recently appointed to the Virginia State Bar Special Committee on Lawyer Malpractice Insurance. The committee’s core responsibility is to monitor the performance of the endorsed malpractice insurance carrier as well as to assist in educational opportunities for the bar.
Lawrence A. “Lex” Dunn and Steve Kovatis obtain Summary Judgment for Restaurant
A federal court in Charlottesville granted summary judgment and dismissed a “trip and fall” case against a business operating a restaurant. The plaintiff tripped and fell over a concrete wheel block located in the parking lot of the restaurant. The district court, in its memorandum opinion, found the allegedly unsafe condition to be open and obvious and dismissed the case. 2010 WL 2218053. Mr. Dunn regularly defends businesses for premises liability cases in both the state court system and the federal court system throughout the Commonwealth of Virginia.
Michael R. Ward Obtains Summary Judgment for Sheriff
A federal court in Richmond granted summary judgment and dismissed a Title VII lawsuit against a Sheriff. Mike Ward represented the Sheriff in Koger v. Woody, 2010 WL 331759 (E.D. Va. Jan. 26, 2010). The plaintiff, a former employee, claimed that she was subjected to improper retaliation over a 17 month period, culminating in her termination. The district court, in a lengthy opinion, rejected her claims and dismissed the case. It is currently on appeal. Mr. Ward regularly defends constitutional officers, local governments, and their employees.
Lawrence A. Dunn successfully asserts the defense of charitable immunity for the Salvation Army
A judge in the Norfolk Circuit Court recently sustained a plea of charitable immunity for the Salvation Army and its driver/employee. Lawrence A. “Lex” Dunn represented the Salvation Army and its employee. A passenger in a van, which was operated by the Salvation Army, filed a complaint against the Salvation Army and its driver for injuries she sustained in an accident while being transported in the van to church activities run by the Salvation Army. Pursuant to Virginia Code section 38.2-2206(F), the Salvation Army and its driver/employee will continue on as named defendants; however, if any judgment is entered for the plaintiff, it will be entered against “Immune Defendants” and collectable only from any available uninsured motorist carrier insurance. Therefore, the Salvation Army is “immune” from any financial responsibility for any verdict entered in the case.
Michael Ward Gets Favorable Result in Fourth Circuit
The Fourth Circuit recently affirmed summary judgment for a mortgage lender in a Truth in Lending Act (“TILA”) matter. Michael Ward represented the mortgage lender in the Fourth Circuit and the District Court. The prospective borrowers claimed that TILA entitled them to a full refund of their application fee for a refinancing. The district court held that TILA’s rescission rights did not arise under the facts of the case and dismissed the lawsuit. The Fourth Circuit affirmed in a written opinion. Weintraub v. Quicken Loans, Inc., ___F.3d ___, 2010 WL 398124 (4th Cir. 2010). Mr. Ward has an active commercial litigation practice, and he regularly represents financial institutions involved in disputes with consumers.
Fourth Circuit Adopts Last-Served Defendant Rule
Fourth Circuit Adopts Last-Served Defendant Rule
By: Joseph M. Moore & Antoinette N. Morgan
In February 2010, the Fourth Circuit Court of Appeals overturned the long-standing rule that in cases involving multiple defendants, the 30-day period for removal under 28 U.S.C. §1446(b) begins to run as soon as the first defendant is served. Barbour v. International Union, No. 1:08-cv-01076 (4th Circuit Court of Appeals, Feb. 4, 2010). Under this rule, termed the “first-served defendant rule,” the 30-day period would begin to run as against all defendants when the first defendant was served, regardless of when the other defendants were served. McKinney v. Bd. of Tr. of Maryland Cmty. Coll, 955 F.2d 924 (4th Cir. 1992). This meant that defendants who were served more than 30 days after the first defendant would have no right to removal if the first defendant did not remove the case. The first-served defendant rule had been articulated in dicta in the McKinney decision and there was confusion within the Fourth Circuit regarding whether the rule was controlling. The Court’s decision in Barbour made it clear that the first-served defendant rule was no longer good law in the Fourth Circuit.
Barbour involved multiple defendants who were served with process at different times. The first defendant did not file a notice of removal within 30 days after it was served, but instead, joined in the second defendant’s notice of removal, which was filed within 30 days of the date the second defendant was served. The district court refused to apply the first-served defendant rule and instead, held that the notice of removal was timely. In making its decision, the district court stated that its decision presented an excellent opportunity for the Fourth Circuit to clarify whether the dicta in McKinney was controlling.
The Fourth Circuit did clarify the law by holding that McKinney’s first-served defendant rule was non-binding dicta and therefore, was not controlling. The Court instead adopted the last-served defendant rule, which states that in cases involving multiple defendants, each defendant, once served with formal process, has 30 days to file a notice of removal under 28 U.S.C. §1446(b) and earlier defendants may join in such notice regardless of whether they had previously filed a notice of removal. The Court determined that the last-served defendant rule more closely matched Congress’ equitable intent in enacting 28 U.S.C. §1446, since the last-served defendant rule did not put subsequently served defendants at the mercy of previously served defendants. The Fourth Circuit joins the Sixth, Eighth and Eleventh Circuits in its adoption of the last-served defendant rule.
A copy of the opinion can be found at: http://pacer.ca4.uscourts.gov/dailyopinions/opinion.pdf/081740.P.pdf.
Joseph M. Moore is a partner at Morris & Morris. His practice focuses on civil litigation matters, including premises liability, trucking law, and personal injury. Mr. Moore can be reached at .
Antoinette N. Morgan is an associate at Morris & Morris. Her practice focuses on civil litigation matters, including premises liability, wrongful death and personal injury. Ms. Morgan can be reached at
Matthew D. Green to present at “Settling Uninsured and Underinsured Motorist Claims” Seminar
Matthew D. Green will present a seminar to provide legal and practical advice to successfully settle uninsured as well as underinsured motorist claims for attorneys practicing in insurance and personal injury litigation. The seminar will take place in Norfolk, Virginia on March 23, 2010 and in Richmond, Virginia on March 24, 2010. For more information call 1-800-930-6182 or visit http://www.nbi-sems.com.
D. Cameron Beck, Jr. named as Virginia Business Magazine’s Legal Elite
D. Cameron Beck, Jr. has been named to Virginia Business Magazine’s Legal Elite for 2009.Mr. Beck has an active litigation practice in both Federal and Virginia State Courts. He primarily devotes his practice to trucking defense, retail and products liability and commercial disputes.
James W. Morris, III named 2010 Products Liability Lawyer of the Year
James W. Morris, III has been named by Best Lawyers as the 2010 Richmond Products Liability Lawyer of the Year. Only a single lawyer in each specialty in each community is named “Lawyer of the Year.”
Morris & Morris Welcomes Antoinette N. Morgan
Antoinette Morgan, a 2006 graduate of the T.C. Williams School of Law and Vice-President of the Hill-Tucker Bar Association, has joined the firm as an associate. Her practice will focus on retail liability, civil rights disputes, and transportation litigation.