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‘General’ Category

  1. 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 …
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  2. 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 Step …
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  3. Jury Verdict – Lt. Nazario v. Windsor Police Officers

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    January 14, 2023 by Tom Roberts, Esq.

    Lt. Nazario Filed A Motion for A New Trial! To read the brief filed and the details of the arguments …
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  4. 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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  5. Did Trump really call for the termination of the provisions of the Constitution?

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    December 5, 2022 by Tom Roberts, Esq.

    In the social media platform Truth Social, Donald J. Trump, posted that fraud “allows for the termination of all rules, …
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  6. 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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  7. 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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  8. 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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  9. 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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  10. 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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  11. 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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  12. 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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  13. Happy 4th of July!

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    July 4, 2022 by Tom Roberts, Esq.

    Happy 4th of July! Musing of Tom Roberts, a civil rights attorney in Richmond Virginia. Sometime over the 4 day …
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  14. “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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  15. 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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  16. 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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  17. 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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  18. 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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  19. 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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  20. 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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  21. Malicious Prosecution and False Arrest in Virginia

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    October 29, 2021 by Tom Roberts, Esq.

    What is Malicious Prosecution? The elements of Malicious Prosecution are that the prosecution (1) must be instituted by or with …
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  22. 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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  23. 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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  24. 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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  25. 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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  26. 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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  27. 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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  28. 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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  29. 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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  30. 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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  31. 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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  32. 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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  33. 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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  34. 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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  35. 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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  36. 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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  37. 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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  38. 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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  39. 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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  40. Advancing Racial Harmony through Litigation

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

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    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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  42. “Amen and Awoman”

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    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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  43. Free Speech and the 2020 Election

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

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    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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  46. 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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  47. The Hazards of Contracting Without a License in Virginia

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    August 18, 2020 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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  48. Private Nuisance – Tort in Virginia

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    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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  49. 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?

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

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

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

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    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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  53. 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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  54. 2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

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    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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  55. Injunction by Gun Owners of America likely to Fail

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

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    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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  57. Intestate Succession in Virginia

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    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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  58. Defamation Republication on the Internet

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

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

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

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

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

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

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    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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  67. 5-6-2016- Election Fraud Criminal Charges Dismissed against Charles City Sheriff Candidate

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

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    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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  69. 7-23-2003 – Henrico County Religious Freedom

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

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    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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  71. FOIA – a matter of transparency

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    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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  72. Liability of websites for defamation

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

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    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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  74. Verdict for Vietnam War Hero mistreated by jail

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    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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  75. 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).

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

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

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    November 3, 2014 by Tom Roberts, Esq.

    (See update below)  Freaky Friday Halloween Decision by the Virginia Supreme Court.  The public is mystified by what it considers …
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  78. Firm offers 2014 CLE – Advancing Civil Rights in Virginia – 6 CLE

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

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

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    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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  81. Can I sue the judge?

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

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    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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  83. Freedom Works

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    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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  84. Prior Restraint of Speech – First Amendment Violations

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

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

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    April 2, 2012 by Tom Roberts, Esq.

    Summary of Virginia’s Freedom of Information Act (“FOIA”)            The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) …
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  88. Innocent Child Photographs and the Law

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

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    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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  90. 11th Amendment Immunity – Federal Suits

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    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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  91. Public School and Physicals

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    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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  92. Virginia Contract Law – “Act of God”

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

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

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

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    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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