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‘General’ Category

  1. CPS wrongfully took my child in Virginia. Can I sue CPS?

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    January 3, 2025 by Tom Roberts, Esq.

    CPS worker may be liable if he/she fails to follow the strict Virginia laws regarding removing a child or has no legitimate basis to believe the child should be removed in the first place.

    Category Civil Rights, Due Process, Fourth Amendment, General, Litigation | Tags: , , , , ,

  2. Employer prohibited from docking exempt employee’s pay for being tardy!

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    December 16, 2024 by Tom Roberts, Esq.

    Employer that reduces “exempt” employee’s pay for being late may be subject to paying overtime!

    Category Contract Law, Employment Law, General | Tags: , ,

  3. Title IX – School’s failure to respond to student-on-student harassment in schools can support a private suit for money damages in extreme cases

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    December 12, 2024 by Tom Roberts, Esq.

    In the context of student-on-student harassment, damages are available only where the behavior is so severe, pervasive, and objectively offensive that it denies its victims the equal access to education that Title IX is designed to protect.

    Category Assault & Battery, Assault & Battery, Civil Rights, General, Hostile Work Environment, Personal Injury Law, Sexual Assault, sexual harassment | Tags: , , ,

  4. Overturn My Conviction Based Upon Newly Discovered Evidence!

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    October 30, 2024 by Tom Roberts, Esq.

    Get Out of Jail!

    Overturning a conviction in Virginia based on newly discovered evidence involves a few specific legal steps – Seek Legal Help!

    Category Civil Rights, Criminal Law, Due Process, False Imprisonment, FOIA, General, Litigation | Tags: , , , , , , , , , , , , , , ,

  5. Richmond lags behind other cities in antiquated restrictions on the number of unrelated persons living together

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    October 5, 2024 by Tom Roberts, Esq.

    Richmond’s restrictions on unrelated adults living together are antiquated and violates due process and equal protection: Addressing growing affordable housing …
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    Category Civil Rights, Commentary, Due Process, General, Litigation | Tags: , , , , ,

  6. Abortion Civil Rights

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    October 2, 2024 by Tom Roberts, Esq.

    Election rhetoric and sound bites do not make for honest dialogue. Prominent in election rhetoric for 2024 is the issue …
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    Category Civil Rights, Commentary, General, Litigation | Tags: , , , , , , , , , , , , , ,

  7. Navigating Personal Injury Cases in Richmond, VA: What You Need to Know

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    September 18, 2024 by Tom Roberts, Esq.

    Personal Injury Attorneys in Richmond: Your Guide to Legal Success Richmond is a bustling city, but accidents can happen at …
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    Category General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death | Tags: , , , , , , , , , , ,

  8. Overview of Construction Litigation In Virginia

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    September 16, 2024 by Tom Roberts, Esq.

    Overview of Construction Litigation in Virginia: Litigation of construction law is a specialized area of legal practice that combines litigation …
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    Category Contract Law, General, Litigation | Tags: , , , , , , , ,

  9. Virginia’s Best Personal Injury Law Firm

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    September 16, 2024 by Tom Roberts, Esq.

    You want the best personal injury attorney in Virginia. When you have been seriously injured or damaged in a personal …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, Wrongful Death | Tags: , , , , , , , , , , , ,

  10. Fixtures belong to the owner of the real estate unless contract specifies otherwise

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    September 6, 2024 by Tom Roberts, Esq.

    Who owns fixtures attached to the real estate by the tenant? Absent a lease or contract provision to the contrary, …
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    Category General | Tags:

  11. Navigating Personal Injury Cases in Chesterfield County, VA: What You Need to Know

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    August 18, 2024 by Tom Roberts, Esq.

    Personal Injury Attorneys in Chesterfield: Your Guide to Legal Success Chesterfield is a bustling county, but accidents can happen at …
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    Category General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death | Tags: , , , , , , , , , , ,

  12. Navigating Personal Injury Cases in Henrico County, VA: What You Need to Know

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    July 18, 2024 by Tom Roberts, Esq.

    Personal Injury Attorneys in Henrico: Your Guide to Legal Success Henrico is a bustling county, but accidents can happen at …
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    Category General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death | Tags: , , , , , , , , , , ,

  13. When Speech Goes To Far – Inciting Imminent Violence

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    July 15, 2024 by Tom Roberts, Esq.

    America has been bombarded with images, calls for violence and prosecutions. “There is no place in America for this kind …
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    Category Civil Rights, Commentary, First Amendment, Freedom of Speech and Press, General | Tags: , , , , , , ,

  14. Statute of Limitations for Virginia Civil Penalties

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    June 4, 2024 by Tom Roberts, Esq.

    Statutory Civil Penalties assessed in Virginia, barring any express statute otherwise, have a 1 year statute of limitations, under VA …
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    Category Civil Rights, Criminal Law, Due Process, General, Litigation | Tags: , ,

  15. Nazario Establishing Law in the Fourth Circuit

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    June 2, 2024 by Tom Roberts, Esq.

    Nazario Continues His Fight For U.S. Freedoms To read the full opinion click here: Fourth Circuit Opinion 5-31-2024 To read …
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    Category Assault & Battery, Civil Rights, Commentary, Excessive Force, False Imprisonment, First Amendment, Fourth Amendment, General, Litigation, Personal Injury Law | Tags: , , , , , , , , , , , , , ,

  16. A Government may not coerce a third party by a threat of government action to punish or suppress speech – 1st Amendment

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    May 31, 2024 by Tom Roberts, Esq.

    The First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or through private …
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    Category Civil Rights, Commentary, First Amendment, Freedom of Speech and Press, General, Litigation, Religious Freedom | Tags: , , , , , , , , ,

  17. QUALIFIED IMMUNITY – TIME TO REMOVE THIS STAIN UPON THE JUDICIARY

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    May 23, 2024 by Tom Roberts, Esq.

    In 1871 Congress enacted the Ku Klux Klan Act of 1871 to provide protections against wrongs being perpetrated on citizens …
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    Category Civil Rights, Commentary, False Imprisonment, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , ,

  18. Nazario’s Fourth Circuit Arguments – 3/19/2024

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    March 21, 2024 by Tom Roberts, Esq.

    Nazario Appeal Arguments before the United States Fourth Circuit Court of Appeals On March 19, 2024, Nazario asked a three …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, Fourth Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , , , , , , ,

  19. NONCOMPETES AND TELEMEDICINE

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    February 22, 2024 by Tom Roberts, Esq.

    Oops – Most non-competition agreements did not anticipate the rise of telemedicine. Many noncompetition agreements simply do not address remote …
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    Category Contract Law, Employment Law, General, Litigation, Non-Competition | Tags: , , , , , , ,

  20. Richmond Police Department Stop Black Drivers Disproportionately

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    February 14, 2024 by Tom Roberts, Esq.

    “Driving While Black” in Richmond City It’s official – “Black drivers have a problem in Richmond, Virginia. Richmond Police Department …
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    Category Civil Rights, Commentary, Criminal Law, General | Tags: , , , ,

  21. ADA & Private Schools

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    January 1, 2024 by Tom Roberts, Esq.

    Title III of the ADA applies to Private Schools! Private Schools – Public Accommodation by Definition The statutory definition in …
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    Category General | Tags:

  22. Happy Hanukkah

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    December 7, 2023 by Tom Roberts, Esq.

     Happy Hanukkah – Despite Hamas Hanukkah & Hamas On October 7, 2023, the world witnessed the most recent attack on …
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    Category Commentary, General | Tags: , , , , , , , , , ,

  23. Unregistered Vehicle on Private Property In Virginia

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    November 22, 2023 by Tom Roberts, Esq.

    Can the City remove my inoperable vehicle from my yard? There is no reasonable expectation of privacy if exposed to …
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    Category General | Tags:

  24. Is the Virginia state stalking statute unconstitutional?

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    November 11, 2023 by Tom Roberts, Esq.

    Is the statute overly broad under the First Amendment, and facially unconstitutional? State stalking statutes unconstitutionally chill speech in violation …
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    Category Civil Rights, Criminal Law, First Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , , , , , , , , , , , , ,

  25. Can I sue police for not acting?

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    November 6, 2023 by Tom Roberts, Esq.

    Failure to Furnish Police Protection to Specific Individuals in Virginia Are Police Liable for Not Acting? Probably not.  Under the …
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    Category Civil Rights, Due Process, General, Personal Injury Law | Tags: , , , , , ,

  26. Virginia Personal Injury Attorneys

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    November 5, 2023 by Tom Roberts, Esq.

    A JuryVerdict In Excess of $1 Million? Not every lawyer or law firm has what it takes to obtaina verdict inexcess …
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    Category Assault & Battery, Assault & Battery, Defamation, False Imprisonment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, sexual harassment, Wrongful Death | Tags: , , , , , , , , , , , , , , , , ,

  27. Middle East Conflict

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    October 10, 2023 by Tom Roberts, Esq.

    Nobody has cornered the market on good, although some have come close on evil.  The Middle East is no different, …
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    Category Civil Rights, Commentary, General | Tags: , , , ,

  28. PRACTICE TIP – APPEALS FROM GENERAL DISTRICT COURT IN VIRGINIA

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    September 15, 2023 by Tom Roberts, Esq.

    No “piggyback appeal” from General District Court in Virginia. When ever there is a counterclaim or cross-claim asserted in General …
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    Category General, Litigation | Tags: , , , , , , ,

  29. Editorial Opinion and Virginia Law regarding Virginia Candidate Susanna Gibson’s Sex Tapes

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    September 13, 2023 by Tom Roberts, Esq.

    Presidential Bid Next?  The bar is already so low, why not? (As long as the election is determined by metropolitan …
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    Category General | Tags: , , , , , , , , , , , , , , , , , , , , , , ,

  30. Lt. Caron Nazario update – Town of Windsor Settles suit by Virginia Attorney General – 9/7/2023

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    September 7, 2023 by Tom Roberts, Esq.

    Settlement by Town of Windsor 9/7/2023 – The Town of Windsor Virginia settles the suit brought against it stemming from …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Commentary, Due Process, Excessive Force, False Imprisonment, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law | Tags: , , , , , , , , ,

  31. I just want to consult a Virginia lawyer!

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    August 24, 2023 by Tom Roberts, Esq.

    Zoom Legal Consultation with Virginia Lawyer! Sometimes you just need to speak to a Virginia attorney!  You may have called …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Contract Law, Criminal Law, Defamation, Due Process, Employment Law, Excessive Force, False Imprisonment, First Amendment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Hostile Work Environment, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, sexual harassment, Wrongful Death | Tags: , , , , , , , , , , , ,

  32. In Virginia, Prison officials violate the Eighth Amendment’s cruel-and-unusual-punishment clause when they are deliberately indifferent to a substantial risk to an inmate’s safety or medical needs.

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    August 6, 2023 by Tom Roberts, Esq.

    8th Amendment Eighth Amendment Violations  Eighth Amendment to the United States Constitution states “Excessive bail shall not be required, nor …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, General, Litigation, Wrongful Death | Tags: , , , , , , , , ,

  33. Insurance coverage for injuries sustained when using the vehicle as a vehicle in Virginia

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    July 13, 2023 by Tom Roberts, Esq.

    In Virginia, there is coverage under the automobile insurance when injuries occur from the use of a vehicle even if …
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    Category Contract Law, General, Litigation, Personal Injury Law | Tags: , , , , , , ,

  34. Expert on Due Process – Andrew T. Bodoh, Esq. Quoted by Virginia Supreme Court

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    June 21, 2023 by Tom Roberts, Esq.

    Virginia Supreme Court cites expert Andrew T. Bodoh, Esq. with the law firm of Thomas H Roberts & Associates, PC …
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    Category General | Tags: , , , , , ,

  35. Summary Contempt and Punishment in Virginia

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    June 12, 2023 by Tom Roberts, Esq.

    When judges violate the law – summary contempt and punishment for conduct outside of their presence. Judges have substantial power …
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    Category Civil Rights, Due Process, General, Litigation | Tags: , , , , , , ,

  36. Realtor in Charlotte N.C.

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    June 7, 2023 by Tom Roberts, Esq.

    Finding a good realtor in Charlotte North Carolina Finding a good realtor is hard, particularly when you are not from …
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    Category General | Tags: , , , , , , , , , , , ,

  37. What is the difference between medical malpractice and battery in Virginia?

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    May 31, 2023 by Tom Roberts, Esq.

    If the physician intentionally performs an additional procedure beyond the consent given by the patient is he liable for battery …
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    Category Assault & Battery, Assault & Battery, General, Negligence, Personal Injury Law | Tags: , , , , , ,

  38. The Attorney-Client Privilege a cornerstone of the legal system.

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    May 26, 2023 by Tom Roberts, Esq.

    The client-attorney privilege, also known as attorney-client privilege, is a fundamental principle in the legal system that protects the confidentiality …
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    Category General | Tags: , , ,

  39. Render to Caesar what is Caesar’s but no more! A tale of Government Thievery.

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    May 26, 2023 by Tom Roberts, Esq.

    Tale of Hennepin County Minnesota’s shameless theft from a 94 year old woman. The United States Supreme Court slapped a …
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    Category Civil Rights, Commentary, General, Litigation | Tags: , , , , , , , , , ,

  40. What is the definition of “public business” for Virginia’s Freedom of Information Act (VFOIA)?

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    May 24, 2023 by Tom Roberts, Esq.

    The answer — “public business” in Code § 2.2-3701 means business that is on a public body’s agenda or is …
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    Category Civil Rights, FOIA, General | Tags: , , , , , , , , ,

  41. Why I would NOT buy AARP/Hartford Insurance

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    May 16, 2023 by Tom Roberts, Esq.

    Refusal to Renew policy for estate Review AARP/Hartford Homeowner’s Insurance Review – Avoid AARP/Hartford Insurance You would think that an …
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    Category General | Tags: , , , , ,

  42. Who is responsible for fallen tree?

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    April 27, 2023 by Tom Roberts, Esq.

    My neighbor’s tree fell onto my property, who is responsible for the damage? Answer: Probably not the neighbor’s – unless …
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    Category General | Tags: , , ,

  43. Solitary Confinement in Virginia

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    April 18, 2023 by Tom Roberts, Esq.

    Virginia Solitary Confinement – When does it become “cruel and unusual”? Is the Cumulative Effect Extreme? Does the segregation or …
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    Category General | Tags: , ,

  44. Police Brutality – Tyre Nichols

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    January 27, 2023 by Tom Roberts, Esq.

    Critical legal analysis of the Memphis Police brutal beating of Tyre Nichols by Civil Rights Attorney Tom Roberts – Tyre Nichols had a right to run for his life due to excessive use of force by Memphis Police

    Category Civil Rights, Commentary, Excessive Force, Fourth Amendment, General, Litigation | Tags: , , , , , , , , , , , , , , , , , ,

  45. Contractor Took My Deposit – Contractor Fraud In Virgnia

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    January 23, 2023 by Tom Roberts, Esq.

    My contractor took my deposit and disappeared! Call the law firm – Thomas H Roberts & Associates, PC 804-783-2000 Virginia …
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    Category Contract Law, General, Litigation | Tags: , , , , , , , , , , , , , , , , , , ,

  46. Jury Verdict – Lt. Nazario v. Windsor Police Officers

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    January 14, 2023 by Tom Roberts, Esq.

    Lt. Nazario attacked with pepper spray

    it is unlikely that the verdict will send a message to police officers, other than to let them know that this behavior will not result in any meaningful consequences – It is open season on citizens in Virginia and across the county.

    Category General | Tags: , , , , , ,

  47. Merry Christmas

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    December 23, 2022 by Tom Roberts, Esq.

    …so that he might catch what she had so that he could experience her symptoms and better care for his …
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    Category General | Tags:

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

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    December 5, 2022 by Tom Roberts, Esq.

    Reject Trump’s call for termination of the provisions of the Constitution

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  49. Medical Evidence in Virginia General District Court

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    November 10, 2022 by Tom Roberts, Esq.

    So you want to put into evidence medical records, a report or other information — how do you do it …
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    Category General, Litigation, Negligence, Personal Injury Law | Tags: , , , , ,

  50. Can I sue somebody for putting an electronic tracker on my car?

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    October 26, 2022 by Tom Roberts, Esq.

    Answer: Yes, but you are not likely to get the damages you hoped to get. It is illegal in Virginia …
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    Category Fourth Amendment, General | Tags: , , , , , , ,

  51. Lawyers for the Onion Held In Contempt by U.S. Supreme Court

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    October 4, 2022 by Tom Roberts, Esq.

    Lawyers representing the Onion were held in contempt, imprisoned and water-boarded for writing a lengthy but brilliant amicus brief in …
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    Category General | Tags: , , , , , , , , ,

  52. Trespass and the 4th Amendment, Objective and Subjective Factors

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    September 27, 2022 by Tom Roberts, Esq.

    Question – If I tell the police officer without a search warrant to get off my front porch and to …
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    Category General | Tags: , , , ,

  53. Liability of Parents

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    September 5, 2022 by Tom Roberts, Esq.

    “Your son broke my window – Pay Me!” Not so fast! In Virginia, the parent is not liable for the …
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    Category General, Litigation, Personal Injury Law | Tags: , , , ,

  54. The Hazards of Contracting Without a License in Virginia

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    August 18, 2022 by Tom Roberts, Esq.

    Contracting without a license is illegal! EXPOSES YOU TO 12 MONTHS IN JAIL AND $2500 + $500/DAY FINE! Contracting for, …
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    Category Contract Law, General | Tags: , , , , , , ,

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

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    July 24, 2022 by Tom Roberts, Esq.

    Settlement – Watch Channel 8 1st News Coverage of Law Suit – Watch Channel 12 Transparency – Part of the …
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  56. Insurance Liability for Defamation in Virginia

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    July 11, 2022 by Tom Roberts, Esq.

    Insurance Liability & Duty to Defend Defamation is a personal injury — any assertion to the contrary is frivolous. Under …
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    Category General | Tags: , , , , , , , , , ,

  57. Happy 4th of July!

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    July 4, 2022 by Tom Roberts, Esq.

    “So what actually happened on July 4, 1776 – ‘Independence Day’?” Happy 4th of July! Musing of Tom Roberts, a …
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  58. “Legal Mail” in prisons & jails

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    April 8, 2022 by Tom Roberts, Esq.

    6th Amendment – right to counsel The opening of legal mail out of a prisoner’s presence may cause some prejudice …
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  59. Hidden or Lost Will

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    April 6, 2022 by Tom Roberts, Esq.

    When you know you were named in a Will but the family has hidden the Last Will & Testament and …
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    Category General | Tags: , , , , , , , , , , ,

  60. Parental Rights – Termination of parental right and adoption and Va Code § 63.2-1215 factors

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    March 15, 2022 by Tom Roberts, Esq.

    3-15-2022 – Reversal of Termination of Parental Rights. On March 15, 2022, the Virginia Court of Appeals reversed the Prince …
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    Category General | Tags: , , , , , , , , , , , , , , , , ,

  61. Tortious Interference with Doctor-Patient Relationship

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    November 18, 2021 by Tom Roberts, Esq.

    Physician-Patient Relationship Doctor-Patient Relationship The practice of medicine, and its embodiment in the clinical encounter between a patient and a …
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    Category General | Tags: , , ,

  62. COVID-19 Legal Cases to Watch

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    November 11, 2021 by Tom Roberts, Esq.

    COVID Fatigue – this page is not being updated.  See e.g., https://www.israelnationalnews.com/news/328102 BST Holdings v. OSHA 5th Circuit Stay Petition …
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    Category General | Tags:

  63. Sexual Abuse in Churches and Legal Recourse – Wolves in Sheep’s Clothing

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    November 3, 2021 by Tom Roberts, Esq.

    Sexual Abuse of Minors Victims of sexual abuse are among the most vulnerable.  They need aggressive counsel who will fight …
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    Category General | Tags: , , , , , , , , ,

  64. Wrongful Death Claim Against Alec Baldwin, et al.? Probably Not – He Will Be Shielded By Worker’s Compensation’s Exclusive Remedy

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    October 30, 2021 by Tom Roberts, Esq.

    1st Question – Worker’s Compensation Alec Baldwin is probably protected from civil liability due to New Mexico’s worker’s compensation laws. …
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    Category General | Tags: , , , , , , ,

  65. Malicious Prosecution and False Arrest in Virginia

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    October 29, 2021 by Tom Roberts, Esq.

    What should you do if maliciously charged or falsely arrested? 804-783-2002 Live to See Another Day! Be careful not to …
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    Category General | Tags: , , ,

  66. Ethics & Sciences – Creating SARS

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    October 18, 2021 by Tom Roberts, Esq.

    Hazards of creating pathogens – SARS In 2015 scientists sent people into caves to gather a RsSHC014-CoV from Chinese horseshoe …
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  67. INTENTIONAL MISCONDUCT – FAILURE TO PROVIDE INFORMED CONSENT – COVID-19 JAB/”VACCINE”

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    October 7, 2021 by Tom Roberts, Esq.

    Public Readiness and Emergency Preparedness Act (PREP Act) does not give immunity for intentional misconduct.  (To Learn More) WHAT PATIENTS …
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  68. Immunity under Public Readiness and Emergency Preparedness Act (PREP Act)

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    September 16, 2021 by Tom Roberts, Esq.

    The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of the Department of Health and Human Services …
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    Category General | Tags: , ,

  69. Science – What We Knew Pre-COVID-19 That We Now Ignore

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    September 6, 2021 by Tom Roberts, Esq.

    “Leaky” vaccines allow more virulent versions of a virus to survive July 2015 – “Imperfect Vaccination Can Enhance the Transmission …
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  70. The Fall of Afghanistan

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    August 21, 2021 by Tom Roberts, Esq.

    Seeing people clinging to planes flying from Afghanistan is heartbreaking.   I spent my elementary years growing up in Lashkargah in …
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  71. Unlawful termination for refusing to disclose COVID-19 “vaccine” status in Virginia

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    August 8, 2021 by Tom Roberts, Esq.

    Can a Virginia employer lawfully terminate me for refusing to disclose whether I have been “vaccinated” for COVID-19? Answer: No, …
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    Category General | Tags: , , , , , , , , , , , , ,

  72. Is a Virginia employer at risk when hiring or retaining a person registered as a sex offender?

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    August 2, 2021 by Tom Roberts, Esq.

    Yes – there are real risks There can be 3 separate legal basis for liability should the employee harm another.  …
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  73. Striving for American Ideals

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    July 23, 2021 by Tom Roberts, Esq.

    Commentary – Striving for American Ideals Early in our nation’s history the concept of equality and freedom in religion and …
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    Category Civil Rights, Commentary, Fourth Amendment, Freedom of Speech and Press, General | Tags: , , , , , , ,

  74. Petersburg Jury Awards $300,000 for Civil Rights Violations

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    July 12, 2021 by Tom Roberts, Esq.

    July 12, 2021 – Petersburg Virginia jury awarded Monica Cromartie $300,000 in compensatory and punitive damages against a Petersburg Police …
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  75. Victims of Sexual Assault by Chiropractor

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    June 22, 2021 by Tom Roberts, Esq.

    Is the Board of Medicine or Psychiatrist liable to victims for putting sexual predator in a position to harm patients? …
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  76. Malfeasance, Misfeasance & Nonfeasance

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    May 27, 2021 by Tom Roberts, Esq.

    What’s the difference? Malfeasance in office is the doing of an act for which there is no authority or warrant …
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  77. Exposure to supervisor’s sexual misconduct with others does NOT create Title VII liability

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    May 27, 2021 by Tom Roberts, Esq.

    Can I sue my employer for a hostile work environment when I witness the boss having sex with a co-worker …
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    Category General, Hostile Work Environment, sexual harassment | Tags: , , , , , , ,

  78. Spoliation – destroying evidence – in the Fourth Circuit

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    May 19, 2021 by Tom Roberts, Esq.

    Spoliation “Spoliation refers to the destruction or material alteration of evidence or to the failure to preserve property for another’s use …
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  79. First Amendment in the WorkPlace

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    May 18, 2021 by Tom Roberts, Esq.

    (Public Employee — Generally not applicable to Private Companies) A public employee must establish four elements to state a claim …
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  80. 1st Amendment Retaliation Claims in the 4th Circuit

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    May 18, 2021 by Tom Roberts, Esq.

    Your right to speak freely – to criticize the government and government officials! The First Amendment guarantees an individual the …
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  81. Lt. Nazario v Town of Windsor Police Officers – Official Update

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    May 6, 2021 by Tom Roberts, Esq.

    Because this important civil rights case highlights the need for national attention and reform – this page will serve the …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law | Tags: , , , , , , , , , , , , , , , , , ,

  82. Suit Filed in Norfolk Against Windsor Police for Civil Rights Violations against Lt. Caron Nazario

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    April 8, 2021 by Tom Roberts, Esq.

    TO READ THE LATEST UPDATES – CLICK HERE Nazario v Gutierrez & Crocker, Case 2:21-cv-00169 -Filed 04/02/21 Eastern District of …
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    Category Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation | Tags: , , , , , , , , , , , , , , , , , , , , ,

  83. ROUNDUP

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    February 27, 2021 by Tom Roberts, Esq.

    ROUNDUP LITIGATION The official Court – Information Page – In re: Roundup Products Liability Litigation (MDL No. 2741) Case No. …
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    Category General | Tags:

  84. Advancing Racial Harmony through Litigation

    0

    February 10, 2021 by Tom Roberts, Esq.

    One Step At A TimeRacial Harmony and HealingFront Royal, Virginia On July 9, 2001, at the town counsel meeting, the …
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    Category Civil Rights, General | Tags: , , , , , , , , ,

  85. Can I file a civil rights claim after my conviction was reversed for an illegal search or 4th amendment violation?

    0

    January 11, 2021 by Tom Roberts, Esq.

    So your conviction was overturned because the evidenced was suppressed under the exclusionary rule due to a violation of the …
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    Category General | Tags: ,

  86. “Amen and Awoman”

    0

    January 4, 2021 by Tom Roberts, Esq.

    “Amen and Awoman” Representative Emanuel Cleaver II, a 5-term congressman from Missouri ended opening prayer for the new 2021 Congress …
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    Category Civil Rights, Commentary, General | Tags: , , , ,

  87. Free Speech and the 2020 Election

    0

    December 13, 2020 by Tom Roberts, Esq.

    Disturbing Trend To Silence Lawful Speech The New Left frequent and continuing attempts to silence speech is disturbing. This trend …
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    Category Civil Rights, Commentary, First Amendment, Freedom of Speech and Press, General | Tags: , , , , , , , , ,

  88. Wrongful death suit arising from breach of contract

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    September 29, 2020 by Tom Roberts, Esq.

    Can I Bring a Wrongful Death Claim for a Breach of Contract in Virginia? What is a Wrongful Death Claim? …
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    Category Contract Law, General, Personal Injury Law, Wrongful Death | Tags: , , , ,

  89. Do I have a right to refuse to be vaccinated? A look at mRNA vaccine issues.

    0

    September 26, 2020 by Tom Roberts, Esq.

    COVID Fatigue – this page is not being updated.  See e.g., https://www.israelnationalnews.com/news/328102 People have lost the ability to think when …
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    Category General | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

  90. Family Fights Over Inherited Real Estate – Rights, Rents, Costs, Attorneys Fees and Partition Suits

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    August 21, 2020 by Tom Roberts, Esq.

    Family Fights Over Inherited Real Estate – Rights, Rents, Costs, Attorneys Fees and Partition Suits Family Fights Related to Property …
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    Category General, Wills & Trusts | Tags: , , , , ,

  91. Private Nuisance – Tort in Virginia

    0

    August 3, 2020 by Tom Roberts, Esq.

    Private Nuisance – lawful activities that become obnoxious to occupants of neighboring dwellings endangering the life or health or obstructing …
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    Category General, Litigation | Tags: , , , , , , ,

  92. 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?

    0

    August 1, 2020 by Tom Roberts, Esq.

    NO! BUT MAYBE – when it comes to Misnomer v Misjoinder? No, unless the defendant has actually obstructed you from …
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    Category General, Litigation, Personal Injury Law | Tags: , , , ,

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

    0

    June 16, 2020 by Tom Roberts, Esq.

    Civil Rights Law Firm of Thomas H Roberts & Associates PC Protecting 1st Amendment Rights Under United States Constitution! Summary: …
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    Category Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , , , , , , ,

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

    0

    May 8, 2020 by Tom Roberts, Esq.

    Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment.   Until the Virginia legislature …
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    Category Commentary, General, Litigation, Personal Injury Law | Tags: , , , , , , ,

  95. Can I sue person who gave me herpes, chlamydia, HIV or other STD in Virginia?

    0

    April 5, 2020 by Tom Roberts, Esq.

    A: Yes–You may sue the person who failed to disclose known STDs to you when engaging in sexual relations for …
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    Category General | Tags:

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

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    March 5, 2020 by Tom Roberts, Esq.

    If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the …
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    Category Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death | Tags: , , , , , , ,

  97. 2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

    0

    February 6, 2020 by Tom Roberts, Esq.

    2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with …
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    Category Civil Rights, First Amendment, Freedom of Speech and Press, General | Tags: , , , , , , , , , , , , , , ,

  98. Injunction by Gun Owners of America likely to Fail

    0

    January 17, 2020 by Tom Roberts, Esq.

    1 (Photo by Cary Drane – 2020 Lobby Day in Virginia – (c) 2020 – Cary Drane)   Unfortunately, it …
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    Category Civil Rights, Commentary, First Amendment, General | Tags: , , , , , , , , , , ,

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

    0

    January 16, 2020 by Tom Roberts, Esq.

    Virginia’s Highest Court Confirms That It Will Not Tolerate Virginia Law Enforcement Violations Of  The 4th Amendment To The U.S. …
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    Category Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, Fourth Amendment, General | Tags: , , , , , ,

  100. Intestate Succession in Virginia

    0

    January 12, 2020 by Tom Roberts, Esq.

    What happens to real property in Virginia when the owner dies without a will or descendants? When a person dies …
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    Category General | Tags: , , , , , , ,

  101. Defamation Republication on the Internet

    0

    December 31, 2019 by Tom Roberts, Esq.

    Q: When is a statement “republished” on the internet or in social media, so as to constitute a new cause …
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    Category Defamation, First Amendment, General, Libel & Slander, Litigation | Tags: , , , , , ,

  102. How do I file suit by myself in Virginia? Pro Se in General District Court

    0

    May 11, 2019 by Tom Roberts, Esq.

    Litigation is often expensive.  There are many cases where it just doesn’t make financial sense to hire an attorney.  This …
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    Category General, Litigation | Tags: , , , , , , , , , , , , ,

  103. Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases

    0

    December 22, 2018 by Tom Roberts, Esq.

    Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases Thomas H. Roberts & Associates, PC scores in its opposition …
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    Category Due Process, General, Litigation | Tags: , , ,

  104. 2018 – Virginia Accepts 2 Civil Rights Appeals to Address Sovereign Immunity Issues

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    December 19, 2018 by Tom Roberts, Esq.

    Virginia Supreme Court grants two petitions to address sovereign immunity issues argued by Virginia’s Civil Rights Law Firm – Thomas …
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    Category Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation | Tags:

  105. Civil Rights Law Firm Lands A Jury Verdict for Police Misconduct

    0

    April 29, 2017 by Tom Roberts, Esq.

    April 28, 2017 – Civil Rights Victory in Petersburg–Jury Verdict For Police Misconduct.   A Petersburg jury awarded damages against former Petersburg …
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    Category Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, General, Litigation | Tags: , , , , , , , , ,

  106. Can I sue for injury or death of my pet dog or cat and can I recover emotional damages?

    0

    February 2, 2017 by Tom Roberts, Esq.

    Question: Somebody injured or killed by dog or cat, what are the damages a court will award? Short Answer: The …
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    Category General, Litigation, Negligence | Tags: , , ,

  107. A SUMMARY OF POWER OF ATTORNEY LAW AND DUTIES IN VIRGINIA

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    October 21, 2016 by Tom Roberts, Esq.

    A SUMMARY OF POWER OF ATTORNEY LAW AND DUTIES IN VIRGINIA   What duties does an “attorney-in-fact” have acting under …
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    Category General, Litigation, Wills & Trusts | Tags:

  108. Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract

    0

    October 6, 2016 by Tom Roberts, Esq.

    Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate …
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    Category Contract Law, General, Litigation, Negligence, Personal Injury Law | Tags: , , , , , , , , ,

  109. My down payment was stolen in a email/internet/wire scam before the closing – what can I do?

    0

    October 4, 2016 by Tom Roberts, Esq.

    Q:   My down payment was stolen in a mail/internet/wire scam before the closing – what can I do? Immediately …
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    Category Contract Law, General, Litigation | Tags: , , , , , , , , ,

  110. 5-6-2016- Election Fraud Criminal Charges Dismissed against Charles City Sheriff Candidate

    0

    May 6, 2016 by Tom Roberts, Esq.

    Election Fraud Charges against Charles City County Sheriff Candidate Vance Richards Dismissed. 5-6-2016 Attorney Tom Roberts together with an associate …
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    Category Criminal Law, General | Tags: , , , ,

  111. “Sex”, Bathrooms and the Rule of Law

    0

    April 20, 2016 by Tom Roberts, Esq.

    4-20-2016 – Attorneys Andrew T. Bodoh and Jonathan M. Arthur of the Virginia civil rights firm Thomas H. Roberts & …
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    Category Civil Rights, Due Process, General, Litigation, sexual harassment | Tags: , , , , , , , , ,

  112. 7-23-2003 – Henrico County Religious Freedom

    0

    April 9, 2016 by Tom Roberts, Esq.

    News – Henrico County Supports Religious Freedom The Students Become The Teachers Fellowship of Christian Athletes To Be Treated Equal …
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    Category Civil Rights, Commentary, First Amendment, Freedom of Speech and Press, General, Religious Freedom | Tags:

  113. Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident?

    0

    April 6, 2016 by Tom Roberts, Esq.

    Question: Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? …
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    Category General, Litigation, Negligence, Personal Injury Law | Tags: , , ,

  114. FOIA – a matter of transparency

    0

    January 22, 2016 by Tom Roberts, Esq.

    FOIA – Freedom of Information Act – is intended to provide citizens transparency to view the actions of the public …
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    Category Civil Rights, FOIA, General | Tags: , , , , , , , , ,

  115. Liability of websites for defamation

    0

    October 21, 2015 by Tom Roberts, Esq.

    QUESTION: Can you obtain a judgment or an injunction against an interactive computer service obtaining damages or enjoining it to …
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    Category Defamation, First Amendment, General, Libel & Slander, Litigation | Tags: , , , , , , , , , , , ,

  116. The Virginian’s Guide to FOIA – Andrew T. Bodoh, Esq.

    0

    October 19, 2015 by Tom Roberts, Esq.

    The Virginian’s Guide to FOIA – Andrew T. Bodoh, Esq. Andrew T. Bodoh, an associate attorney of Thomas H. Roberts …
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    Category Civil Rights, FOIA, General | Tags: , , , ,

  117. Verdict for Vietnam War Hero mistreated by jail

    0

    September 11, 2015 by Tom Roberts, Esq.

    In 2015, the firm obtained a jury verdict against a Pamunkey Regional Corrections officer for excessive use of force against …
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    Category General | Tags: , ,

  118. Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).

    0

    December 16, 2014 by Tom Roberts, Esq.

    Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a …
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    Category Defamation, General, Litigation, Personal Injury Law | Tags: , , , , , , , ,

  119. Torture – When Our Nation Denies the Basis of Human Rights

    0

    December 13, 2014 by Tom Roberts, Esq.

    So is it any surprise that the US Government that routinely fails to recognize the difference between separation of state …
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    Category Civil Rights, General | Tags: , ,

  120. Freaky Friday Halloween Decision – Drink and operate your car radio on your property may result in DUI conviction

    0

    November 3, 2014 by Tom Roberts, Esq.

    Seriously? – Listening to the radio in your car in a private driveway while drinking is illegal in Virginia??? (While …
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    Category Criminal Law, General | Tags: , , , , ,

  121. Firm offers 2014 CLE – Advancing Civil Rights in Virginia – 6 CLE

    0

    September 27, 2014 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, P.C. and Hull Street Law hosted a one-day seminar entitled “Advancing Civil Rights in Virginia” at the Richmond …
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    Category General | Tags:

  122. A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.

    0

    June 2, 2014 by Tom Roberts, Esq.

    Call Today –> 804-783-2000 A summary of the law of wrongful death actions in Virginia. When a family member dies …
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    Category Assault & Battery, General, Negligence, Personal Injury Law, Wrongful Death | Tags: , , , , , , , , , , , , , , , , , , , ,

  123. La Muerte Injusta – Un resumen de la ley en Virginia

    0

    January 24, 2014 by Tom Roberts, Esq.

    In English – Wrongful Death in Virginia La Muerte Injusta – Un resumen de la ley en Virginia Cuando un …
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    Category Español, General, Personal Injury Law, Wrongful Death | Tags: , , , , , , ,

  124. Can I sue the judge?

    0

    September 8, 2013 by Tom Roberts, Esq.

    Q. Can I sue the judge for damages?  A. No. The judge is absolutely immune from a claim for damages …
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    Category Civil Rights, General | Tags: , , , ,

  125. I’ve been sued for defamation–how do I defend a defamation claim?

    0

    July 11, 2013 by Tom Roberts, Esq.

    You’ve been accused of defamation in Virginia.  What’s next? A general summary of defamation and the steps that should be …
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    Category General, Libel & Slander | Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

  126. Freedom Works

    0

    January 9, 2013 by Tom Roberts, Esq.

    Freedom Works Commentary by Thomas H. Roberts, Esq. Founder of Freedom Works Foundation The United States of America was founded …
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    Category Civil Rights, Commentary, Freedom of Speech and Press, General, Religious Freedom | Tags: , , , ,

  127. Prior Restraint of Speech – First Amendment Violations

    0

    December 20, 2012 by Tom Roberts, Esq.

    RIGHT TO BE FREE FROM PRIOR RESTRAINT AND CENSORSHIP IN VIRGINIA You Can Help Defray the Legal Fees of Cox …
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    Category Civil Rights, First Amendment, Freedom of Speech and Press, General | Tags: , , , , , , , , , , , , , ,

  128. Summary of the law of non-competition in Virginia

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    December 17, 2012 by Tom Roberts, Esq.

    Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his …
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    Category Contract Law, Employment Law, General, Non-Competition | Tags: , , , , , , , , , , , , ,

  129. In Virginia, if an officer arrested me outside his jurisdiction, can I file suit against the officer?

    0

    July 17, 2012 by Tom Roberts, Esq.

    In Jordan v. Shands, 255 Va. 492, 497 (Va. 1998), the court stated “We have defined false imprisonment as “the …
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    Category Civil Rights, General, Personal Injury Law | Tags:

  130. Summary of Virginia’s Freedom of Information Act (“FOIA”)

    0

    April 2, 2012 by Tom Roberts, Esq.

    What is Virginia FOIA? The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) is a powerful tool …
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    Category Civil Rights, General | Tags: , , ,

  131. Innocent Child Photographs and the Law

    0

    April 1, 2012 by Tom Roberts, Esq.

    Innocent Child Photographs and the Law   Facts              Billy, a minor child, using a disposable …
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    Category Civil Rights, General | Tags:

  132. Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia?

    0

    March 13, 2012 by Tom Roberts, Esq.

    Summary of unemployment law in Virginia: I was fired, am I entitled to Unemployment Benefits in Virginia? Unemployment Benefits are …
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    Category Employment Law, General | Tags: , ,

  133. 11th Amendment Immunity – Federal Suits

    0

    March 5, 2012 by Tom Roberts, Esq.

    Generally speaking states are immune from being sued in federal court. Practice tip: Sue in state court. The 11th Amendment …
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    Category General | Tags:

  134. Public School and Physicals

    0

    March 4, 2012 by Tom Roberts, Esq.

    Public School and Physicals Facts     Question: Can Public Schools Require Physical Examinations (More than Drug Testing) as a Condition of …
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    Category Civil Rights, General | Tags:

  135. Virginia Contract Law – “Act of God”

    0

    March 4, 2012 by Tom Roberts, Esq.

      Virginia Contract Law – “Act of God”   Q: What is meant in the contract by an “act of God” …
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    Category Commentary, Contract Law, General | Tags:

  136. Should I have my criminal or civil case tried by a judge or a jury?

    0

    February 26, 2012 by Tom Roberts, Esq.

    There are many factors that may impact your decision to have your case tried by a judge or jury.  Some …
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    Category Criminal Law, General | Tags: ,

  137. Do I have a right to a trial by jury?

    0

    February 26, 2012 by Tom Roberts, Esq.

    Generally speaking, criminal defendants may demand a jury for all serious crimes and have their case tried by a jury …
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    Category Criminal Law, General | Tags: ,

  138. Qualified Immunity – 2001 Victory

    Comments Off on Qualified Immunity – 2001 Victory

    November 21, 2001 by Tom Roberts, Esq.

    Victory in 4th Circuit Court of Appeals The law firm of Thomas H. Roberts & Associates, P.C. announced an important …
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    Category Civil Rights, Employment Law, Freedom of Speech and Press, General, Hostile Work Environment | Tags: , , ,

  139. The right to criticize police – Lynchburg Excessive Use of Force

    0

    July 10, 2001 by Tom Roberts, Esq.

    Civil Rights News   Independence Day Celebration Commonwealth Declines to RequestIndictment for Man Charged With Assaulting Lynchburg Police Officers On …
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    Category General | Tags: , ,

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