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‘Litigation’ Category

  1. 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: , ,

  2. 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: , , , , , , , , , , , , , ,

  3. 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: , , , , , , , , ,

  4. 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: , , , , , , , ,

  5. 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: , , , , , , , , , , , , ,

  6. 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: , , , , , , ,

  7. 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: , , , , , , , , , , , , , , , , , , ,

  8. 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: , , , , , , , , , , , , , , , , ,

  9. 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: , , , , , , ,

  10. 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: , , , , , , , , ,

  11. 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: , , , , , , , , , , , ,

  12. 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: , , , , , , , , ,

  13. 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: , , , , , , ,

  14. 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: , , , , , , ,

  15. 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: , , , , , , , , , ,

  16. Can I sue police for a retaliatory charge in Virginia?

    Comments Off on Can I sue police for a retaliatory charge in Virginia?

    February 24, 2023 by Tom Roberts, Esq.

    Retaliatory charges are illegal in Virginia and violate your constitutional rights.

    Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, First Amendment, Fourth Amendment, Freedom of Speech and Press, Litigation, Personal Injury Law, Religious Freedom | Tags: , , , , , , , , , , , , , , ,

  17. Lt. Nazario’s successes in litigation

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    January 31, 2023 by Tom Roberts, Esq.

    Despite the shocking jury verdict, Lt. Nazario faithfully served his country and his oath to support and defend the Constitution …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Freedom of Speech and Press, Litigation, Personal Injury Law | Tags: , , , , ,

  18. 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: , , , , , , , , , , , , , , , , , ,

  19. 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: , , , , , , , , , , , , , , , , , , ,

  20. 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: , , , , ,

  21. 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: , , , ,

  22. 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: , , , , , , , , , , , , , , , , , ,

  23. 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: , , , , , , , , , , , , , , , , , , , , ,

  24. 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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    Category General, Litigation | Tags: , , , , , , ,

  25. 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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    Category General, Litigation, Personal Injury Law | Tags: , , , ,

  26. 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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    Category Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation | Tags: , , , , , , , , , , , , ,

  27. TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

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    May 14, 2020 by Tom Roberts, Esq.

    TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS Another litigation and appellate victory for the Law Firm!   On May 14, 2020, the Virginia …
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    Category Civil Rights, Due Process, Litigation | Tags: , , , , , , , , , , , , , , ,

  28. 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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    Category Commentary, General, Litigation, Personal Injury Law | Tags: , , , , , , ,

  29. 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: , , , , , , ,

  30. 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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    Category Defamation, First Amendment, General, Libel & Slander, Litigation | Tags: , , , , , ,

  31. 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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    Category General, Litigation | Tags: , , , , , , , , , , , , ,

  32. 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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    Category Due Process, General, Litigation | Tags: , , ,

  33. 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:

  34. January 23, 2018 – Another Free Speech Victory

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    February 1, 2018 by Tom Roberts, Esq.

    “…I shall obey the laws of the United States of America and of the Commonwealth of Virginia, and shall support …
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    Category Civil Rights, First Amendment, Freedom of Speech and Press, Libel & Slander, Litigation | Tags:

  35. 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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    Category Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, General, Litigation | Tags: , , , , , , , , ,

  36. 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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    Category General, Litigation, Negligence | Tags: , , ,

  37. 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

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    December 15, 2016 by Tom Roberts, Esq.

    12-15-2016– THE US COURT OF APPEALS FOR THE 4th CIRCUIT REMOVES WHAT IT DESCRIBED AS A “VIRTUAL BLANKET PROHIBITION ON ALL …
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    Category Civil Rights, Employment Law, First Amendment, Freedom of Speech and Press, Litigation | Tags: , , , , , , , ,

  38. 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:

  39. 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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    Category Contract Law, General, Litigation, Negligence, Personal Injury Law | Tags: , , , , , , , , ,

  40. 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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    Category Contract Law, General, Litigation | Tags: , , , , , , , , ,

  41. “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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    Category Civil Rights, Due Process, General, Litigation, sexual harassment | Tags: , , , , , , , , ,

  42. Beth Sloan’s Letter re: Religious Liberty in Powhatan – 11/22/1999

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    April 9, 2016 by Tom Roberts, Esq.

    Beth’s Letter November 22, 1999   To Whom It May Concern,   I have recently been in the news because …
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    Category Civil Rights, First Amendment, Freedom of Speech and Press, Litigation, Religious Freedom | Tags:

  43. 5-5-2000 – Religious Liberty Restored

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    April 9, 2016 by Tom Roberts, Esq.

    News – Religious Freedom and Equal Access Restored Powhatan Student and Fellowship of Christian Athletes Settle Suit in Federal Court–School …
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    Category Civil Rights, First Amendment, Litigation, Religious Freedom | Tags: , ,

  44. 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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    Category General, Litigation, Negligence, Personal Injury Law | Tags: , , ,

  45. How do I subpoena out-of-state documents from a nonresident non-party?

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    January 23, 2016 by Tom Roberts, Esq.

    Question: How do I subpoena out-of-state documents from a nonresident non-party? Answer: Through the Uniform Interstate Deposition and Discovery Act. Code …
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    Category Litigation | Tags: , , , , ,

  46. 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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    Category Defamation, First Amendment, General, Libel & Slander, Litigation | Tags: , , , , , , , , , , , ,

  47. Virginia FOIA Law Firm

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    December 22, 2014 by Tom Roberts, Esq.

    Virginia FOIA Lawyer – Andrew T. Bodoh  Virginia’s Freedom of Information Act (“FOIA”) Law Firm Thomas H. Roberts & Associates, …
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    Category Civil Rights, FOIA, Litigation | Tags: , , , , , , , , , , ,

  48. 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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    Category Defamation, General, Litigation, Personal Injury Law | Tags: , , , , , , , ,

  49. Will Contest In Virginia

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    August 20, 1999 by Tom Roberts, Esq.

    News – Jury Invalidates Will In Contest Against Judge Willard Douglas, Jr. Richmond Jury Throws Out What Former Judge Willard …
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    Category Litigation, Wills & Trusts | Tags: , , , , ,

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