Jeffrey Breit Earns Coveted Spot on Virginia Business Magazine’s Virginia Power 500 List

In the world of law, recognition often comes in the form of victories and favorable verdicts, but occasionally it manifests in prestigious accolades that highlight an attorney’s exceptional career achievements. Jeffrey Breit, a prominent personal injury attorney, recently earned a well-deserved place on the Virginia Power 500 list by Virginia Business Magazine. This recognition is a testament to his dedication, expertise, and unwavering commitment to serving his clients and advocating for justice.

The Virginia Power 500 List

Virginia Business Magazine’s Virginia Power 500 list is a prestigious annual compilation that showcases influential figures from various sectors across the state. These individuals are selected based on their significant impact on their respective industries, communities, and the state’s overall well-being. Jeffrey Breit’s inclusion in this esteemed list is a reflection of his profound influence on the legal landscape and his commitment to making a difference.

A Trailblazer in Personal Injury Law

Jeffrey Breit’s career has been marked by numerous accomplishments and groundbreaking cases. His unwavering dedication to helping clients receive fair compensation for their injuries has resulted in numerous victories, setting important legal precedents along the way. Whether representing victims of product liability, automobile accidents, or other personal injury cases, Breit has consistently demonstrated his legal prowess and compassion for his clients.

As a founding partner of Breit Biniazan, Jeffrey is known for his dedication to advocating for individuals who have suffered personal injuries due to the negligence of others. His exemplary work has not only secured justice and compensation for his clients but has also contributed to the broader community’s understanding of personal injury law.

A Legacy of Excellence

Jeffrey Breit’s inclusion in the Virginia Power 500 list is not only a recognition of his past achievements but also a testament to his ongoing commitment to the legal profession and his clients. As a personal injury attorney, he has consistently demonstrated that excellence and compassion go hand in hand.

Jeffrey’s presence on the Virginia Power 500 list by Virginia Business Magazine is a well-deserved recognition of his contributions to the legal community and the people of Virginia. His tireless dedication to advocating for those who have suffered personal injuries and his commitment to making a positive impact on society are qualities that set him apart as a legal luminary and a true leader in his field. Jeffrey Breit’s legacy of excellence continues to inspire and make a difference in the lives of many.

Read more about the Virginia Power 500 List here.

Attorney Kevin Biniazan recognized as a 2023 CoVA Business NextGen Honoree

In the dynamic landscape of the legal profession, certain individuals stand out for their exceptional dedication, innovative thinking, and commitment to excellence. Attorney Kevin Biniazan is one such standout figure, and his remarkable achievements have earned him a well-deserved spot as one of the 2023 CoVA Business NextGen honorees. With an impressive track record as a high-stakes trial lawyer who specializes in injury, sexual abuse and toxic exposure litigation, Biniazan has become a trailblazer in the legal profession, setting a precedent for aspiring attorneys and entrepreneurs alike.

A Rising Star in the Legal Arena

Kevin Biniazan’s journey in the legal field is nothing short of inspiring. As a driven and determined attorney, he has rapidly risen to prominence through his unwavering dedication to his craft and his clients. His innovative approach to legal problem-solving, combined with his deep understanding of complex legal matters, has propelled him to the forefront of the industry. With more than a dozen jury trials under his belt, Kevin has achieved over $100 million in verdicts and settlements for his clients in his first five years of practice. 

Passion for Advocacy and Pursuit of Growth

One characteristic that truly sets Kevin Biniazan apart is his genuine passion for advocacy and justice. So far in his career, he is most proud of building and fostering a team of some of the best trial lawyers in the country who have these same passions and care deeply about the cause of their clients. Kevin also focuses each day with a mindset of how he can improve himself. This drive comes from the best piece of advice he ever received…..every day is an opportunity to grow, improve and better yourself. We can either choose to grow and be on the front foot or we will naturally regress and fall behind. 

Innovative Problem Solver

In an era of rapid change, adaptability and innovation are paramount. Kevin Biniazan stands as a prime example of an attorney who seamlessly blends traditional legal knowledge with modern strategies. His innovative problem-solving techniques and forward-thinking approach have yielded remarkable outcomes for his clients. By embracing new technologies and staying ahead of legal trends, he ensures that his clients receive the best possible representation in an ever-evolving legal landscape. As Kevin says, “Nothing great will happen in the future if we do not accomplish something great for our clients today.”

A Beacon for the Next Generation

As a 2023 CoVA Business NextGen honoree, Kevin Biniazan serves as an inspiration for aspiring legal professionals. His journey showcases the rewards that come from hard work, dedication, and a steadfast commitment to personal growth. Through his achievements, he proves that age is no barrier to making a significant impact on the legal field and beyond. Congratulations to Kevin and all the 2023 CoVA Business Next Gen Honorees!

$40 Million Lawsuit Filed for Teacher Shot by 6-Year-Old Student

The lawsuit alleges that the Newport News School Board and the administrators at
Richneck Elementary School were negligent in protecting the safety of the teacher
despite numerous red flags and warnings about the child having a gun at school.

On January 6, 2023, Abigail Zwerner, a 25-year-old first-grade teacher, was shot in her classroom by her 6-year-old student. This horrific incident was preceded by many warning signs and attempts to get help leading up to the nearly fatal event. 

The child who shot Ms. Zwerner had a history of violence with both students and teachers. So much so that he had been removed from Richneck Elementary School in kindergarten after he strangled and choked a teacher. Ultimately the school administrators allowed the child to return in the fall of 2022, but he was quickly placed on a modified schedule after threatening other classmates at recess. Under this modified schedule, the child had to have a parent attend school with him. However, on January 6, no parent was in attendance at the school and the administrators allowed the child to be in attendance without a one-on-one companion.

Two days prior to the shooting, the child in question had grabbed Ms. Zwerner’s cell phone, refused to return it, and ultimately slammed the cellphone on the ground so hard that it cracked and shattered. After calls to school security had no response, a guidance counselor was contacted for assistance. The child called his teacher and guidance counselor a derogatory name which resulted in a one-day school suspension on January 5. After his suspension, the child was dropped off by his mother on January 6 but she did not stay on-site with him nor did administrators follow-up about her not being with her son as protocol indicated.

The lawsuit alleges that there were many warnings throughout the day that, if investigated, would have prevented this tragedy from happening and that much of the dismissal of concerns came from Richneck Elementary Schools’ administrators. Specifically, it is alleged that the Assistant Principal’s administrative style was to permit students to engage in dangerous and disruptive conduct and impose no consequence for breaking the rules, thereby placing all persons in the vicinity of the school and in the community at risk.

Examples of the warnings on January 6 that were neglected by the administrators:

As a result of the shooting, Ms. Zwerner has undergone multiple hand surgeries and has bullet fragments embedded in her chest. Aside from the obvious physical pain and suffering, she is also experiencing emotional distress, anxiety, depression, nightmares and psychological injuries. She has been unable to work since the incident and it is undetermined if/when she will be able to return to work. The plaintiff is seeking a jury trial and compensatory damages totaling $40,000,000 for the gross negligence and reckless disregard shown by the defendants.

“Essentially, this child was a ticking time bomb on school property and the administration chose to ignore the problem. Everyone knows that this is unacceptable and we look forward to bringing this case before a Newport News jury to assess the facts for themselves. We expect more from our school systems, particularly when our children are under their watch. Abigail Zwerner deserved more from the school system and now she will live with the results of their neglect for the rest of her life.”Jeffrey Breit, Partner

Ms. Zwerner is being represented by Diane P. Toscano of the Toscano Law Group, PC as well as Kevin Biniazan and Jeffrey Breit of Breit Biniazan, PC. Any inquiries can be directed to (855) 659-4457.

Lee Floyd Named to Leadership Role in National Hair Relaxer Mass Tort Litigation

Lee Adair Floyd, a Partner at Breit Biniazan, has been named to the Plaintiffs’ Steering Committee (“PSC”) in the multi-district litigation (MDL) involving hair relaxer marketing sales practices and product liability litigation. The Order was entered on March 3, 2023, by Judge Mary M. Rowland of the United States District Court for the Northern District of Illinois.  (In Re: Hair Relaxer Marketing Sales Practice and Products Liability Litigation, MDL No. 3060). 

As a member of the Plaintiffs’ Steering Committee, Lee’s role will be to effectively and efficiently represent the common interests of all MDL plaintiffs. 

The consolidated litigation generally accuses L’Oréal USA’s subsidiaries and subsidiaries of India-based companies Godrej SON Holdings Inc. and Dabur International Ltd. of selling products that cause women harm, causing proportionally larger harm to black women. The hair relaxation product is known to have caused or increased the risk of women developing uterine and ovarian cancer.  Other hair relaxer manufacturers like Dark & Lovely and Just for Me are also facing allegations from users that the exposure to toxic chemicals contained in the hair straighteners and home perms caused similar harm.

Judge Rowland made the Plaintiffs’ Leadership decision after reviewing the applications of experienced mass tort attorneys from across the United States. Judge Rowland said decisions for appointments were made based on professional experience, availability, resource depth, and diversity. 

Lee brings her unique experience in mass torts litigation to the Plaintiffs’ Steering Committee. Before joining Breit Biniazan, Lee spent the last decade on the defense side, where she represented pharmaceutical companies, automotive manufacturers, and energy producers in high-stakes national litigation. Most recently, Lee was appointed by a federal judge to serve on the Plaintiffs Steering Committee in the Paragard IUD litigation in the Northern District of Georgia. Lee’s appointments to plaintiffs’ leadership in both the Hair Relaxer MDL and Paragard MDL reflect her commitment to representing women harmed as a result of corporate defendants’ negligence.

Lee is frequently invited to speak on mass tort litigation at national seminars.

If you or a loved one believes their uterine or ovarian cancer diagnosis was as a result of the use of hair relaxer products, please contact us at (855) 659-4457. 

2022 Year in Review

Before we fully launch into 2023, we wanted to take a minute to share some of our successes from 2022. In January of 2022 we officially announced our new firm, Breit Biniazan, with Kevin Biniazan as our managing partner. At that time we were operating out of our main office in Virginia Beach. Throughout the course of the year we were excited to have the opportunity to expand and open an office in Richmond where our partners Justin Sheldon and Lee Floyd are located. In the spring we also joined forces with Don Scott and added his Portsmouth office to our firm. And as luck would have it, in the summer we had the opportunity to add Scott Perry as partner which brought us our Northern Virginia presence with offices in Arlington and Washington, DC. Our firm is now 13 attorneys strong with an amazing support staff of paralegals, legal assistants and investigators.

In 2022, Breit Biniazan had over $55 million in verdicts and settlements, the largest of which we have summarized below. While these monetary recoveries represent the largest that our firm was able to accomplish for our clients this year, they do not stand alone as the only life-changing outcomes we were grateful to be a part of. Each of our clients comes to us with a need and fight that we are proud to champion on their behalf. To each and every one of them, their cases represent what is often the most significant and important fight of their lives. We cherish the opportunity to be their voice and to lead the charge to justice on their behalf. 

We look forward to what 2023 will bring and encourage attorneys who have a challenging case or who are looking to partner on a case to reach out. We wish each of you a happy, healthy and successful 2023! 

SUMMARY OF 2022 VERDICTS & SETTLEMENTS

$15,000,000 Verdict:
On May 2, 2010, Yeardley Love, a student and lacrosse player at the University of Virginia, was tragically murdered by her former boyfriend, George Huguely V. George was also a lacrosse player and the pair had previously dated for about two years in what was described as a rocky and abusive relationship. On the night of May 2 after a day of heavy drinking, George Huguely entered Love’s apartment, kicked down her locked door and violently assaulted her causing blunt force trauma to her head. Huguely was later convicted of second-degree murder and sentenced to 23 years in prison. 

The Love family was represented in the civil case by a team of attorneys including Paul Bekman of Bekman, Marder, Hopper, Malarkey & Perlin, and Jeffrey Stedman and Irvin Cantor of Cantor Grana Buckner Bucci. As the case neared a trial in April 2022, Kevin Biniazan of Breit Biniazan, was added to the team of attorneys to serve as trial counsel. 

Sharon and Lexie alleged that Huguely’s assault and battery caused Yeardley Love’s death, and that Huguely’s conduct was so willful and wanton to evince a conscious disregard for her life and safety. On May 2, 2022 , a jury agreed, awarding $7.5 million each in compensatory damages to Sharon and Lexie and finding Huguely’s conduct did amount to willful and wanton conduct. The verdict provides much-needed closure to their 12-year ordeal. 

In closing arguments, Attorney Kevin Biniazan told jurors they couldn’t consider Huguely’s drinking a mitigating factor for his conduct. In other words, his voluntary intoxication in no way diminished his responsibility for Love’s death:

“This is common sense. If a man gets behind the wheel of a car drunk, and he’s so drunk that he doesn’t even know that he’s behind the wheel of a car. . . is it a defense in that case to say, I was so drunk I just didn’t know I was behind the wheel of a car? That despite all my life experiences knowing that it’s dangerous to get behind the wheel of a car when intoxicated, let me off, ratchet it down, because in that moment I just had a few too many? That’s not common sense.”

And with no appeal filed by Huguely, this verdict marks the end of a tragic chapter for the Loves and Charlottesville alike.

$11 Million Settlement: 

On March 13, 2021, Temika Pleas was a passenger in a vehicle driven by her husband, Calvin Majette, III. They were traveling on Portsmouth Boulevard in the City of Portsmouth when they were struck by a vehicle that had run a red light on California Avenue while attempting to elude the police. The plaintiff’s vehicle was struck on the driver side causing the car to spin around and hit a utility pole. Mr. Majette was killed on impact and Ms. Pleas suffered severe and permanent injuries, including a traumatic brain injury. Ms. Pleas was transported to Sentara Norfolk General Hospital where she was hospitalized for approximately two weeks. 

This terrible collision occurred because a police officer violated principles of proper police conduct by engaging in a high-speed chase in a highly trafficked area near Downtown Portsmouth. The person being chased did not present a danger to the officers or other citizens of Portsmouth until the police officer recklessly engaged in a dangerous chase. Whether the conduct would or could rise to the level of “deliberate indifference” to impugn the City of Portsmouth for civil rights violations was hotly debated and contested.  

The City of Portsmouth was insured with an Eleven Million dollar ($11,000,000) per occurrence policy, which afforded coverage for the collision. In light of the damages, Plaintiff’s counsel sent a time-sensitive demand package to the City demanding a policy limits settlement in approximately 30 days time and warning that the City’s carrier’s refusal to resolve this case for full policy limits would likely expose them to an insurance bad faith claim. In response, the City and the carrier asked for clarification and supplementation, which was provided in addition to a 30 day extension to tender 100% of the coverage or the demand would be withdrawn and suit would be filed.

The City and the carrier tendered the full coverage of $11 million on the final day of their deadline. Dr. Scott Sautter provided a complete neuropsychological work-up, which was supplemented by a complete examination and multiple reports by Dr. Nathan Zasler, who both agreed that Ms. Pleas suffered a Traumatic Brain Injury with residual complications. Susan Riddick-Grisham provided exhaustive life care plan and support in assisting the gathering and outline of the damage report and future needs.

$10,000,000 Verdict:

The lawsuit arose after the plaintiff suffered a debilitating injury while in the care and supervision of a private coeducational and college preparatory day and boarding school for minor children grades 8 to 12 consisting of day-time academic classes and extra-curricular programs. The plaintiff at the time of injury was 15-years old and was a full-time boarding resident at the school. 

Plaintiffs allege that the school was negligent in initiating the service project by having an inexperienced teacher to lead, what plaintiffs claim, never should have been conducted in the first place. The private school claimed that they acted within reasonable care with the selection and approval of the project, and while they were not perfect, they acted with reason. 

All defendants filed Pleas in Bar asserting charitable immunity. In August, prior to the hearing on the pleas in bar, the VFW settled its claims with the Plaintiff for the sum total of $750,000. The Court overruled the plea in bar raised by the private school. 

The trial against the private school was disputed on liability and damages. The jury deliberated for 4.5 hours and returned a $10,000,000 verdict resulting in an overall recovery for the plaintiff of $10,750,000. 

$10,000,000 Settlement:

On October 4, 2021, Plaintiff, A. B. (42 years of age) was riding a motorcycle in Virginia Beach when a delivery truck turned left and struck Plaintiff. Plaintiff’s leg was crushed and he was life-flighted to the nearest trauma center. After a few days of repeated surgeries, the doctors decided a below-knee amputation was necessary. Additionally, Plaintiff suffered a fractured femur requiring the placement of an intramedullary rod.

The resolution came weeks before trial. After a full day of mediation, the case settled for a cash payment of $5 million plus a structured settlement that will pay the Plaintiff slightly more than $10,000,000 over his lifetime, resulting in a total recovery in excess of $15 million.

$5 Million Settlement:

The Dangerfield family and Fauquier County have agreed to resolve the wrongful death cases which resulted from a traffic accident between a former deputy in the Fauquier County Sheriff’s Office and Mr. and Mrs. Dangerfield. The County and the Dangerfield’s have agreed to settle the cases for $5 million, which is the full extent of insurance available for these claims. “This tragedy was unfortunate and avoidable,” says Jeffrey Breit, one of the attorneys for the family. Kevin Biniazan, also counsel for the family, says “the family is grateful that the claims were resolved quickly and without drawn out litigation, but this money could never replace the loss of Mr. and Mrs. Dangerfield. Not a day goes by when the grandchildren don’t ask about their grandparents.” 

The County and Fauquier County Sheriff’s Office confirm retraining on policies for proper operation of vehicles has occurred with all Sheriff’s Office personnel. In addition, this and other policies that relate to the safety of law enforcement personnel and general public have and will be on-going in the future to help avoid tragedies like this from every being repeated.

$10 Million Jury Verdict in Injury Case Against Private Boarding School 

Charlottesville jury finds in favor of minor who sustained injuries while in the care of a private boarding school

The lawsuit arose after the plaintiff suffered a debilitating injury while in the care and supervision of a private coeducational and college preparatory day and boarding school for minor children grades 8 to 12 consisting of day-time academic classes and extra-curricular programs. The plaintiff at the time of injury was 15-years old and was a full-time boarding resident at the school. 

The injury occurred while students were conducting a mandatory service project next to the Rivanna River. The students were tasked with cutting bamboo in order to create an overlook to the river. Prior to the students arrival, other volunteer organizations and individuals had attempted to maintain the bamboo but as a result, created spear like bamboo canes that the students had to navigate while conducting their service project. During the service project, the plaintiff lost his footing and was impaled by a partially-cut bamboo cane. 

Plaintiffs allege that the school was negligent in initiating the service project by having an inexperienced teacher to lead, what plaintiffs claim, never should have been conducted in the first place. The school claimed that they acted within reasonable care with the selection and approval of the project, and while they were not perfect, they acted with reason. 

Before trial, the plaintiff settled his claims against the landowner for the sum total of $750,000. The trial against the school was disputed on liability and damages. Plaintiff called several witnesses to demonstrate that this was an unsafe activity with the use of dangerous equipment. Additionally, the plaintiff presented evidence of long-term physical and mental consequences of the injuries he sustained. The school contested the plaintiff’s claimed damages and their long-term effects. 

The jury deliberated for 4.5 hours and returned a verdict resulting in an overall recovery for the plaintiff of $10,750, 000. 

“There’s no amount of money that will ever heal the scars both mental and physical that our client has to endure everyday as a result of this incident. However, we asked this jury to evaluate the evidence and to perform a function that we, without them, could not perform. Which is holding the Miller School accountable for causing this harm to our client. They served that function and did justice with this verdict and for that we are grateful.”Kevin Biniazan

The plaintiff was represented at trial by Kevin Biniazan and Scott Perry, partners at the law firm of Breit Biniazan.