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 […]

Civil Rights In Virginia – Upheld by Virginia’s Highest Court – 2020

Posted Posted in Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, Fourth Amendment, General

Virginia’s Highest Court Confirm’s That It Will Not Tolerate Virginia Law Enforcement Violations Of  The 4th Amendment To The U.S. Constitution Or Virginia Statutes Protecting Its Citizens from Unlawful Arrests, Unlawful Searches and Excessive Force.   On January 16, 2020, the Virginia Supreme Court issued an opinion reversing the Circuit Court for the City of Petersburg which […]

2018 – Virginia Accepts 2 Civil Rights Appeals to Address Sovereign Immunity Issues

Posted Posted in Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation

Virginia Supreme Court grants two petitions to address sovereign immunity issues argued by Virginia’s Civil Rights Law Firm – Thomas H. Roberts & Associates, PC   December 18, 2018 — The Virginia Supreme Court announced this week that will hear legal arguments by the Richmond civil rights law firm of Thomas H. Roberts & Associates, […]

Can the Police Detain a Witness Who They do not of Suspect Wrongdoing?

Posted Posted in Civil Rights, Due Process, False Imprisonment, Fourth Amendment

Question: Can the Police Detain a Witness Who They do not of Suspect Wrongdoing? Answer: Yes – but only under very limited circumstances. The Fourth Amendment – The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures The Fourth Amendment protects the right of the […]

Can I keep my handgun or firearm in the secured but unlocked glove box or console of my car in Virginia?

Posted Posted in Civil Rights, Criminal Law, False Imprisonment, Fourth Amendment

Q. Is it legal to have a handgun or other firearm in the unlocked but secured glove box or console of my car in Virginia without a concealed weapons permit? A. YES. The Virginia Court of Appeals addressed this issue in 2013.  They answered that it was not illegal.   The Virginia Attorney General also […]