Category: Litigation

5-5-2000 – Religious Liberty Restored

Posted Tom Roberts, Esq.Posted in Civil Rights, First Amendment, Litigation, Religious Freedom

News – Religious Freedom and Equal Access Restored   Powhatan Student and Fellowship of Christian Athletes Settle Suit in Federal Court–School will not Censor Religious Speech Faculty Will Receive First Amendment Training   Freedom Works Foundation, a nonprofit foundation, announced today (May 5, 2000) that it has successfully obtained a commitment to the First Amendment […]

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

Posted Tom Roberts, Esq.Posted in General, Litigation, Negligence, Personal Injury Law

Question: Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? Answer: Absolutely, YES. Explanation: As a result of the negligence of another you automobile, vehicle or car is damaged. If the cost to repair the car is more than the value of the car before […]

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

Posted Tom Roberts, Esq.Posted in Litigation

Question: How do I subpoena out-of-state documents from a nonresident non-party? Answer: Through the Uniform Interstate Deposition and Discovery Act. Code §§ 8.01-412.8 et seq. A Virginia court does not have the power to force a nonresident non-party to produce documents located out of the state.  Enforcement of a subpoena seeking out-of-state discovery is generally governed […]

Liability of websites for defamation

Posted Tom Roberts, Esq.Posted in Defamation, First Amendment, General, Libel & Slander, Litigation

QUESTION: Can you obtain a judgment or an injunction against an interactive computer service obtaining damages or enjoining it to remove defamatory statements from its website?   SHORT ANSWER: NO not if the website is merely an interactive computer service providing a platform for third parties to post information and statements.   Analysis:   Congress […]

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).

Posted Tom Roberts, Esq.Posted in Defamation, General, Litigation, Personal Injury Law

Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a motion to strike the evidence? Answer: No.  Unless the parties agree, Virginia Code § 8.01-420 specifically excludes such use, except for claims of punitive damages in cases that do not involve operation of a motor […]