Private Nuisance – Tort in Virginia

Posted Posted in General

Private Nuisance – lawful activities that become obnoxious to occupants of neighboring dwellings endangering the life or health or obstructing the reasonable and comfortable use of the property gives rise to tort liability. “[S]o use your own as not to injure another’s property.” Black’s Law Dictionary 1872 (9th ed. 2009) An owner or occupant of land […]

Does the statute of limitations toll because I didn’t know that I could file a lawsuit or because I didn’t know the name of the defendant?

Posted Posted in General

NO! No, unless the defendant has actually obstructed you from filing suit by direct or indirect means through improper means. Your ignorance of the law or feeling overwhelmed with life is not enough to prevent the statute of limitations from tolling.  When you don’t know the identity of the defendant you can file suit naming […]

WHY THE LEE MONUMENT LAWSUIT AGAINST RPD?

Posted Posted in Assault & Battery, Civil Rights, Commentary, Excessive Force, Fourth Amendment, Freedom of Speech and Press, Religious Freedom

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 […]

THIS HAS TO STOP! – police brutality – Class Action filed against Richmond Police officers.

Posted Posted in Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation

  June 16, 2020 – Class Action suit filed against Richmond Police Department Officers for violations of citizens 1st Amendment Right to peacefully protest and petition the government and for 4th Amendment Right against excessive use of force arising from the actions of the RPD on Monday June 1, 2020.      Since the City of […]

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

Posted Posted in Civil Rights, Due Process, Litigation

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 […]

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

Posted Posted in Commentary, General, Litigation, Personal Injury Law

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 […]

Summary of Virginia Whistleblower laws

Posted Posted in Civil Rights, Employment Law, FOIA, Freedom of Speech and Press

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., […]

What are the elements of a “bad faith” claim against an insurance company?

Posted Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]

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

Posted Posted in Civil Rights

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.  […]