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 […]

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 […]

“Legal Mail” in prisons & jails

Posted Posted in General

6th Amendment – right to counsel The opening of legal mail out of a prisoner’s presence may cause some prejudice by inhibiting the prisoner and his attorney from discussing in such correspondence matters which they would wish to remain confidential, and this might affect the lawyer’s ability to represent his client most effectively, with protections […]

Hidden or Lost Will

Posted Posted in General

When you know you were named in a Will but the family has hidden the Last Will & Testament and won’t produce it? First – It is a crime in Virginia to hide or destroy another person’s last will and testament! § 18.2-504. Destroying or concealing wills. If any person fraudulently destroy or conceal any […]

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

Posted Posted in General

3-15-2022 – Reversal of Termination of Parental Rights. On March 15, 2022, the Virginia Court of Appeals reversed the Prince William County Circuit Court’s termination of parental rights of Mulvey. The opinion reaffirmed the parent’s constitutionally protected interest in maintaining the parent-child relationship.  Judge Wesley G. Russell, writing for the Court, quoting the United States […]

Tortious Interference with Doctor-Patient Relationship

Posted Posted in General

Physician-Patient Relationship Doctor-Patient Relationship The practice of medicine, and its embodiment in the clinical encounter between a patient and a physician, is fundamentally a moral activity that arises from the imperative to care for patients and to alleviate suffering. The relationship between a patient and a physician is based on trust, which gives rise to […]

COVID-19 Legal Cases to Watch

Posted Posted in General

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 for Review 11/05/2021 Petition Exhibit A 11/05/2021 Petitioners’ Brief 11/05/2021 Appendix to Petitioners’ Brief 11/05/2021 Emergency Motion to Stay 11/05/2021 Emergency Motion to Stay Exhibits A-I 11/05/2021 Stay Granted 11/06/2021 Respondents’ Opposition to Emergency Motion to Stay 11/08/2021 BST Holdings, LLC Petitioners’ Reply […]