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 […]
So you want to put into evidence medical records, a report or other information — how do you do it in Virginia’s General District Court? 10 DAY NOTICE TO OPPOSING PARTY! a COPY of the evidence and written notice of the intent to present the evidence Attached – sworn declaration of the medical treating or […]
Answer: Yes, but you are not likely to get the damages you hoped to get. It is illegal in Virginia to put a tracker on somebody else’s car! Va Code § 18.2-60.5 Class 1 Misdemeanor -Unauthorized use of electronic tracking device; penalty Can I sue somebody in Virginia for violating a criminal statute? No, not […]
Lawyers representing the Onion were held in contempt, imprisoned and water-boarded for writing a lengthy but brilliant amicus brief in support of a petition for certiorari in favor of a fellow humorist imprisoned for failing to provide a disclosure that his facebook page was intended as a parody. Humorist Novak filed suit for violation of […]
Question – If I tell the police officer without a search warrant to get off my front porch and to get off of my property, does the police officer violate the law when he refuses to do so? The United States Supreme Court has clearly established that trespass laws play a far more important role […]
“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 […]
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 […]
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 & 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! 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 […]