Recent News

Presenter(s): John Falcone and Amy Miles Kowalski

Date: October 13, 2015

Sponsor: Lynchburg Bar Association

Location: Lynchburg, Virginia

Presenter(s): Chad Mooney and Amy Miles Kowalski

Date: September 29, 2015

Sponsor: Lynchburg Regional Chamber of Commerce

Location: Lynchburg, Virginia

John Falcone and Scott Kowalski prepared and submitted an Amicus Curiae (“friend of the court”) brief to the Virginia Supreme Court on behalf of the Associated Builders and Contractors, Inc., the Associated Builders and Contractors, Virginia Chapter, Inc., and the Associated General Contractors of Virginia, Inc. in a case which has the potential to radically alter existing commercial practice in the construction industry.

We are pleased to inform you that we have hired Mark Burgin as a new associate in the PLDR Construction Law Group. Prior to joining PLDR, Mark clerked for the Honorable Jack S. Hurley, Jr. and the Honorable Richard C. Patterson in the Tazewell County, Virginia Circuit Court. Mark graduated from the University of Richmond School of Law with the Order of the Barristers and the Pro Bono

Chad A. Mooney successfully argued to the Fourth Circuit Court of Appeals that two outside parties, known as intervenors under the federal rules, could not join a lawsuit after the limitation period had passed, resulting in a dismissal of the alleged claim against the defendants. While watching underlying suit from the sidelines, the intervenors waited to see how the litigation unfolded. Despite the fact that the limitation period had expired, the intervenors sought intervention at an opportune time. Given the procedural hurdle, they argued that the limitation period should be equitably tolled due to extraordinary circumstances outside of their control. The Fourth Circuit ruled that the intervenors sat on their rights and failed to diligently pursue their alleged claim. Thus, the trial court’s decision was affirmed and the intervenors’ alleged claim was dismissed.

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