Did Trump really call for the termination of the provisions of the Constitution?

Posted Posted in General

In the social media platform Truth Social, Donald J. Trump, posted that fraud “allows for the termination of all rules, regulations, and articles, even those found in the Constitution” The December 3, 2022 post has evoked criticism from both democrats and a few republicans.  On December 5, 2022, Donald J. Trump posted, claiming that the […]

Liability of Parents

Posted Posted in General, Litigation, Personal Injury Law

“Your son broke my window – Pay Me!” Not so fast! In Virginia, the parent is not liable for the torts of his child! In Virginia, a parent is not liable for the negligence of his child without a principal/agent relationship! Virginia has long and consistently held that the relationship of parent and child does not of itself impose liability upon a parent for […]

BEYOND A REASONABLE DOUBT IN VIRGINIA

Posted Posted in Criminal Law

What is proof beyond a reasonable doubt in Virginia? Must exclude every reasonable hypothesis of innocence and be consistent only with the guilt of an accused! Suspicion or “probably” is NOT enough! “It is elementary that the burden is on the Commonwealth to prove every essential element of the offense beyond a reasonable doubt. The evidence must exclude every reasonable hypothesis of innocence and […]

Settlement Terms Released for 2020 RPD Violations of 1st Amendment Rights of Protestors at Lee Circle on June 1, 2020.

Posted Posted in General

Transparency – Part of the terms of the Settlement! City of Richmond to donate June 1, 2020 protest materials to Library of Virginia for public access. (Links below!!!) Public can also contribute materials from June 1 protest to the archive. A settlement brokered by Thomas H. Roberts & Associates, P.C., a civil rights law firm […]

Insurance Liability for Defamation in Virginia

Posted Posted in General

Insurance Liability & Duty to Defend Defamation is a personal injury — any assertion to the contrary is frivolous. Under Virginia law, knowing defamation subsumes negligent defamation. If a complaint, however ambiguous, may be read as premising liability on alternative grounds, and either ground states liability potentially or arguably covered by the policy, the insured […]

Happy 4th of July!

Posted Posted in General

Happy 4th of July! Musing of Tom Roberts, a civil rights attorney in Richmond Virginia. Sometime over the 4 day weekend, amidst cookouts, beer and fireworks, you might ask, “So what actually happened on July 4, 1776 – ‘Independence Day’?” We celebrate the 4th of July, because on July 4, 1776 the Second Continental Congress […]