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 […]

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

Posted Posted in Civil Rights, Due Process, Litigation

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS   Another litigation and appellate victory!  On May 14, 2020, the Virginia Supreme Court rejected the attempt to drag mental health professionals and guardian ad litems into court for their role in custody and visitation cases by disappointed, angry, frustrated or vindictive parents on claims of “tortious interference with parental […]

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 […]

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 […]

Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases

Posted Posted in Due Process, General, Litigation

Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases Thomas H. Roberts & Associates, PC scores in its opposition to Top Seek, LLC bid to escape suit in Federal District Court in Richmond, Virginia. Jonathan Arthur, Esq., an associate with the law firm is representing the plaintiff Broad Highway Recovery. The United States Federal […]

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

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

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

January 23, 2018 – Another Free Speech Victory

Posted Posted in Civil Rights, First Amendment, Freedom of Speech and Press, Libel & Slander, Litigation

“…I shall obey the laws of the United States of America and of the Commonwealth of Virginia, and shall support and defend their constitutions against all enemies whomsoever, foreign and domestic….” – Virginia State Police Trooper’s Pledge. Nathan Cox’s nightmare is finally over. The Virginia Supreme Court rejected the appeal petition of Trooper Melanie H. […]

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

Posted Posted in General, Litigation, Negligence

Question: Somebody injured or killed by dog or cat, what are the damages a court will award? Short Answer: The market value of the personal property (no emotional damages)     Virginia legislature has classified dogs and cats as personal property and specifically states that the owner of any dog or cat injured or killed […]

1st Amendment – ANOTHER BLISTERING CRITICISM OF PETERSBURG GOVERNMENT BY THE COURTS TODAY WITH AN OPINION BY THE 4TH CIRCUIT STRIKING DOWN PETERSBURG POLICE DEPARTMENT BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT

Posted Posted in Civil Rights, Employment Law, First Amendment, Freedom of Speech and Press, Litigation

12-15-2016– THE US COURT OF APPEALS FOR THE 4th CIRCUIT REMOVES WHAT IT DESCRIBED AS A “VIRTUAL BLANKET PROHIBITION ON ALL SPEECH CRITICAL OF THE GOVERNMENT EMPLOYER” BY STRIKING DOWN PETERSBURG POLICE DEPARTMENT’S BAN ON SOCIAL MEDIA CRITICISM OF THE DEPARTMENT. In a sharply worded opinion issued on 12-15-2016, the Fourth Circuit Court of Appeals declared […]