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 […]

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 […]

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 […]

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 […]

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

Posted Posted in Civil Rights, First Amendment, Freedom of Speech and Press, General

2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with a federal opinion establishing that a law enforcement officer cannot lawfully retaliate against a citizen for criticisms and Facebook posts by attempting to induce another officer to issue a traffic citation.   In a decision […]

Injunction by Gun Owners of America likely to Fail

Posted Posted in Civil Rights, First Amendment, General

1 (Photo by Cary Drane – 2020 Lobby Day in Virginia – (c) 2020 – Cary Drane)   Unfortunately, it is our opinion that the current attempt to enjoin Governor Northam’s unconstitutional restraint of 1st Amendment speech and the 2nd Amendment right to bear arms will fail because Gun Owners of America, Inc. and the other plaintiffs […]

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 […]

Defamation Republication on the Internet

Posted Posted in Defamation, First Amendment, General, Libel & Slander, Litigation

When is a statement “republished” on the internet or in social media, so as to constitute a new cause of action for defamation restarting the statute of limitations?   A:  Republication occurs when (1) the original publication was modified; or (2) the republication was directed to a new, different audience not merely though a link […]