Assault & Battery

WHY THE LEE MONUMENT LAWSUIT AGAINST RPD?

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QUESTION:   I would like to know why you think dispersing an unruly crowd with non-lethal means is a civil rights offense?   ANSWER:   First let me thank you for asking the question that many may have been afraid to ask. Increasingly we are finding an intolerance to opinions and views from all political […]

Civil Rights

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

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TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS   Another litigation and appellate victory!  On May 14, 2020, the Virginia Supreme Court rejected the attempt to drag mental health professionals and guardian ad litems into court for their role in custody and visitation cases by disappointed, angry, frustrated or vindictive parents on claims of “tortious interference with parental […]

Commentary

Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment

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Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment.   Until the Virginia legislature acts, employees get a windfall under the current Worker’s Compensation law in Virginia – they get the benefit of medical treatment but if a prosthetic device is used the employer does not get any credit […]

Civil Rights

Summary of Virginia Whistleblower laws

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Does Virginia have “Whistle-Blower” protection? Yes. An employee of Virginia state or local governments have protection against retaliation or discipline for making or being about to report on the wrongdoing or abuse of one of the employee’s supervisors or an agent of the employer or an appropriate authority under Virginia Code § 2.2-3009, et seq., […]

Civil Rights

Taxing Settlements and Judgments – Are Attorneys’ fees paid included in income to litigant?

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Are attorneys’ fees paid from a settlement included in the gross income to the plaintiff – are they “above-the-line deduction”, merely listed as itemized deductions, “below-the-line deduction” where they may be disregarded in an alternative minimum tax analysis, or not deductible at all?   The tax answers depend upon the nature of the legal fees.  […]

Civil Rights

2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

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2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with a federal opinion establishing that a law enforcement officer cannot lawfully retaliate against a citizen for criticisms and Facebook posts by attempting to induce another officer to issue a traffic citation.   In a decision […]