Richard Ladd, Jr. selected to "Leaders in the Law"

Richard E. Ladd, Jr., has been selected to Virginia Lawyers Weekly's 2011 class of "Leaders in the Law". This awards program recognizes lawyers across the Commonwealth who are setting the standard for other lawyers in Virginia. These individuals are recognized for changing the law, serving the community, changing practice, or improving Virginia's justice system, among other accomplishments.

Mr. Ladd is an Officer in PennStuart's Bristol office. His practice concentrates in the areas of medical, legal, and professional liability defense, complex litigation and appellate work.

Two PennStuart litigators have been elected to membership in the American Board of Trial Advocates. William M. Moffet and Temple W. Cabell will be inducted as Advocate level members during the Virginia Chapter of the ABOTA’s November meeting. The ABOTA is dedicated to preserving the right of trial by jury as conveyed by the Seventh Amendment. Membership in the organization is limited to those attorneys who have tried at least 50 jury trials to verdict as first chair. Messrs. Moffet and Cabell join PennStuart’s Stephen M. Hodges, who is a longstanding Advocate member of the ABOTA.

Mr. Moffet is an Officer in PennStuart’s Abingdon office. He has extensive experience handling attorney and medical malpractice claims, insurance coverage, personal injury and commercial litigation issues.

Mr. Cabell is Of-Counsel in the firm’s Richmond office, where his civil litigation practice concentrates on products liability, premise liability, employment law, construction law, admiralty and military law, and insurance defense matters.

Timothy Gresham awarded EMLF Award

Timothy W. Gresham, an Officer in PennStuart’s Abingdon office, has been awarded the 2011 John L. McClaugherty Award by the Eastern Mineral Law Foundation. This award recognizes extraordinary service to the EMLF and to natural resources and energy law. Mr. Gresham has served the EMLF on the Executive Committee, as Special Advisor to the Executive Committee, and as Foundation President. The EMLF is a non-profit educational organization providing information on legal issues related to the energy and mineral industry.

Mr. Gresham advises clients on issues involving mineral rights and regulations, as well as environmental and safety matters. Before joining PennStuart, Mr. Gresham served as Assistant Attorney General of Virginia, and was involved in the enforcement of laws related to the mining and natural resources industries.

Sean J. Murphy Joins PennStuart in Richmond

PennStuart is pleased to announce that Sean J. Murphy has joined the firm as an Associate in its Richmond, Virginia office. Mr. Murphy’s civil litigation practice includes insurance coverage and defense, commercial litigation, and general corporate and business law matters. Previous to joining PennStuart, Mr. Murphy was with the Virginia Attorney General’s Office. Mr. Murphy received his J.D. from the George Mason University School of Law, and his B.A. from James Madison University.

Temple W. Cabell Joins PennStuart in Richmond

PennStuart is pleased to announce that Temple W. Cabell has joined the firm as Of Counsel in its Richmond, Virginia office. Mr. Cabell’s civil litigation practice focuses on insurance defense, policy coverage, products liability, premise liability, construction law, fraud, libel, employment law, admiralty and military law.

“We are excited that an attorney of Temple’s caliber and standing has joined PennStuart. Temple has an impressive litigation resume, having tried hundreds of cases of all types across the Eastern and Western Districts, the 4th Circuit Court of Appeals, as well as all levels of courts within the Commonwealth of Virginia. His unparalleled experience enhances the depth and expertise of our litigation practice groups and allows us to bring even more value to our clients, whom we can now better serve statewide” states W. Bradford Stallard, PennStuart’s Managing Director.

Mr. Cabell received a B.A. from the University of Georgia, and his J.D. from the T.C. Williams School of Law at the University of Richmond. He served as a Captain in the U.S. Army Judge Advocate Corp from 1980-1983. After practicing as a partner at Sands, Anderson, Marks & Miller, he left and co-founded the firm of Schaffer & Cabell, where he practiced for 19 years. During this time he focused on civil litigation and insurance defense. Mr. Cabell is a member of the Virginia State Bar, the Richmond Bar Association, the Virginia Association of Defense Attorneys and the Virginia Trial Lawyers Association.

Two PennStuart Associates Become Licensed in Virginia

Holly N. Mancl and John S. Honeycutt, having previously passed the Tennessee bar exam, have also passed the Virginia bar exam and have become licensed to practice in Virginia. They join the more than 60% of PennStuart attorneys who are licensed to practice law in more than one state.

Eight PennStuart attorneys have been recognized as 2010 Virginia Super Lawyers by Law & Politics Magazine. They are:

William Eskridge: Personal Injury Defense in Medical Malpractice

Wade Massie: Business Litigation

Stephen Hodges: Energy & Natural Resources

Michael Blair: Workers’ Compensation

William Moffet: Professional Liability Defense

Ramesh Murthy: Workers’ Compensation

Richard Ladd, Jr.: Personal Injury Defense in Medical Malpractice

Cameron S. Bell: Business Litigation

Messrs. Eskridge, Massie, Hodges, Moffet, Murthy and Bell are Officers in PennStuart’s Abingdon office. Mr. Blair and Mr. Ladd are Officers in the firm’s Bristol TN office.

Super Lawyers are chosen by a survey of their peers and through publisher Law & Politics independent research. The annual Virginia Super Lawyers list is based on the results of a survey of more than 20,000 lawyers across the state and is designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of Virginia lawyers were named 2010 Virginia Super Lawyers.

New Associate Joins PennStuart's Bristol Office

PennStuart is pleased to announce that Holly Mancl has joined the firm as an Associate. Mancl resides in the firm’s Bristol, Tennessee office. Her practice includes insurance defense, medical malpractice and civil litigation.

Mancl received her Juris Doctor with honors from The University of Tennessee College of Law in Knoxville, Tennessee in 2008 where she was the Editor in Chief of The Tennessee Journal of Business Law and the Student Materials Editor of the The Tennessee Law Review. Mancl graduated Summa Cum Laude from Queens University of Charlotte, Charlotte, North Carolina in 2005 with B. A. degrees in both Political Science and Business Administration.

PennStuart attorneys William W. Eskridge and Mark E. Frye have obtained dismissals of wrongful death actions before the Virginia Supreme Court.

Johnston Memorial Hospital v. Bazemore, 277 Va. 308 (Feb. 27, 2009)

Wanda Bazemore sued the defendant physicians and hospital for alleged medical negligence resulting in the death of her husband, David Bazemore. The defendants moved to dismiss the action (“Case 1”) on grounds that Ms. Bazemore lacked authority to sue because she had not qualified as the personal representative of Mr. Bazemore’s estate. Over the objection of the defendants, the trial court allowed Ms. Bazemore to take a voluntary nonsuit (dismissal) of Case1.

Eight days later, Ms. Bazemore, having qualified as personal representative for Mr. Bazemore’s estate, filed a second action (“Case 2”) against the defendants, alleging the same claim for the wrongful death of Mr. Bazemore. The defendants moved to dismiss Case 2 on grounds of the statute of limitations – i.e. that Case 2 was filed more than two years of the death of Mr. Bazemore.

Anticipating that Ms. Bazemore would argue that the nonsuit in Case 1 had extended the statute of limitations for the claim for wrongful death, the defendants petitioned the Virginia Supreme Court for an appeal in Case 1. The Supreme Court granted an appeal, and after considering briefs and oral argument by the parties, issued a decision holding that the grant of a nonsuit was error because Ms. Bazemore lacked authority to bring Case 1, making that action a “nullity.” In its ruling, the Supreme Court distinguished several opinions in other cases, dating back to the 1980’s, that seemed to suggest that an action brought by a person without authority could be nonsuited.

During the pendency of the appeal of Case 1, the trial court dismissed Case 2 on grounds of the statute of limitations. The Virginia Supreme Court denied Mrs. Bazemore’s petition for an appeal in Case 2.

Cox v. Permac, Inc., Case No. CL08000210-00 (Buchanan County 2008)

Dianna Cox sued the defendants for alleged negligence resulting in the death of her husband, Richard Cox, by electrocution. The defendants moved to dismiss the case on grounds that Ms. Cox lacked authority to sue because she had not qualified as the personal representative of Mr. Cox’s estate. The trial court granted the defendant’s motion to dismiss, and, correctly anticipating the Supreme Court’s decision in Bazemore (that a nullity cannot be nonsuited), denied Ms. Cox’s motion for a nonsuit. The Supreme Court denied Ms. Cox’s petition for an appeal on April 29, 2009.

Mr. Eskridge is an Officer in PennStuart's Abindgon office and specializes in litigation, representing defendants in professional liability, commercial litigation and products liability matters, with an emphasis on medical malpractice defense. Mr. Frye is an Officer in the firm's Bristol, TN office. His practice is concentrated in the areas of professional malpractice, employment law, products liability and appellate advocacy.

Murthy Becomes Fellow to the Council for Litigation Management

Ramesh Murthy, an Officer in PennStuart’s Abingdon, Virginia office has become a Fellow of the Council for Litigation Management.

The Council for Litigation Management is a nonpartisan alliance of corporations, insurance companies, law firms and service providers. The organization seeks to further the practice of Litigation Management through educational programs, communication and collaboration, and providing resources to the defense industry. It is the only organization dedicated to training both defense and claims professionals. CLM members include claims executives, attorneys, risk managers, and adjusters.

Mr. Murthy’s practice is devoted to the defense of workers' compensation cases, and the counseling and representation of industry in human resource matters in Virginia and Tennessee. He is the Chairman of the firm's Workers' Compensation and Black Lung Practice Group.

Esposito Named to Bristol TN/VA Chamber of Commerce

Mark L. Esposito, an Officer in PennStuart’s Bristol, Tennessee office has been named to the Bristol TN/VA Chamber of Commerce Board of Directors, for a three year term. The Board of Directors determines policy and directs the programs, activities and general operations of the Chamber of Commerce. The particular focus of the Board of Directors is the review and adoption of positions and policies affecting the Bristol Virginia and Tennessee business communities.

Mr. Esposito’s areas of practice include commercial transactions and disputes, acquisitions, loan transactions, creditors' rights, business entity formation, and general business matters. Mr. Esposito is a member of PennStuart’s Management Committee.

Clement Named to Influential Women of Virginia 2009

Lisa Frisina Clement, an Officer in PennStuart's Richmond, Virginia office has been named to Influential Women of Virginia 2009 by Virginia Lawyers Weekly. This recognition honors women across the commonwealth who are making notable contributions to their professions, their communities and society at large.

Clement's practice encompasses the representation of employers and insurers before the Virginia Workers' Compensation Commission, and the representation of employers and insurers in both State and Federal courts in matters involving civil litigation, including first and third party claims.

Virginia Lawyers Weekly hosted an awards luncheon to highlight the achievements and leadership of the honorees on May 14, 2009 at The Jefferson Hotel in Richmond, Virginia.

PennStuart Attorneys Named to Best Lawyers in America 2009

PennStuart attorneys Michael Blair, Timothy Gresham, Wade Massie and Ramesh Murthy have been named to the The Best Lawyers in America 2009. Criteria for the recognition included outstanding reputations and distinguished work in areas of practice.

Blair is an Officer in the firm's Bristol, TN office. His practice focuses on the representation of employers in workers' compensation matters.

Gresham, Massie and Murthy are Officers in the Abingdon, VA office. Gresham was recognized for his experience in environmental and mining law. Massie was recognized for his work in the mining, energy and water industries, and for his experience in product liability litigation. Massie leads the firm's Commercial Litigation Practice Group. Murthy is the leader of the firm's Workers' Compensation Practice Group, and his practice focuses on the defense of employers in workers' compensation matters and employment and human resource issues.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Inclusion is determined by more than two million detailed evaluations and votes.

Seven PennStuart attorneys have been recognized as 2009 Virginia Super Lawyers by Law & Politics Magazine. They are:

William Eskridge: Personal Injury Defense in Medical Malpractice

Wade Massie: Business Litigation

Stephen Hodges: Energy & Natural Resources

Michael Blair: Workers’ Compensation

William Moffet: Professional Liability Defense

Ramesh Murthy: Workers’ Compensation

Richard Ladd, Jr.: Personal Injury Defense in Medical Malpractice

Messrs. Eskridge, Massie, Hodges, Moffet and Murthy are Officers in PennStuart’s Abingdon office. Mr. Blair and Mr. Ladd are Officers in the firm’s Bristol TN office.

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