The Library

Staying calm and keeping your wits about you during and after an auto accident in Virginia is no easy task. Accidents happen fast, and the events that unfold afterwards can happen just as fast. The situation can also be complicated by any number of additional factors: injuries, anxiety, and answering questions from numerous individuals. There is no one-size-fits-all response that is appropriate in every auto accident. This is why it is vital to consult an experienced Virginia personal injury attorney as soon as possible, so you can get specific and tailored advice that takes into account the specific details of […]

I admit it. I am an appellate argument junkie. This has been a long-standing problem, but one that took on new dimensions when the Supreme Court of Virginia began releasing audio recordings of oral arguments about ten years ago. I then began listening to the Court’s arguments in earnest. Now, of course, the availability of audio recordings of appellate arguments is ubiquitous. This means that anyone can hear an appellate argument without their leaving the house, car, or office. I don’t know about anyone else, but I’m hooked. So is this a good habit or a bad one? Because I […]

Article co-written by Matthew Broughton, Jared Tuck, and intern Nicholas Beck In Virginia, a minor’s personal injury case typically has a statute of limitations of two years from the child’s 18th birthday. However, that deadline does not apply when the injury was caused by a medical provider’s negligence. If your child’s claim does not get filed before the expiration of the two-year statute of limitations, then his or her claim may be forever barred. The statute of limitations for a minor’s medical malpractice case can often be confusing, but with the help of experienced Virginia medical malpractice attorneys, your child […]

In October 2021, the United States Department of Justice (DOJ) announced its Civil Cyber-Fraud Initiative. The purpose of this initiative is to combat cybersecurity vulnerabilities and cyber threats by ensuring federal contractors and grantees implement required cybersecurity standards. Whistleblowers play a critical role in the initiative. Cybersecurity fraud is often difficult for the government to detect, so the DOJ relies on insiders to report violations under the federal False Claims Act (FCA). The FCA allows whistleblowers, known as “relators,” to bring a lawsuit regarding an entity’s false claims to the United States for payment. This is known as a qui […]

On January 10, 2024, Virginia returned to fully divided government, with the General Assembly entirely controlled by one party and the Executive Mansion controlled by the other party.  While hope springs eternal for bipartisanship and compromise, this era of political brinksmanship will make the Virginia Budget the legislative tool through which the General Assembly will attempt to force its will.  How far that can go implicates thorny and unanswered constitutional questions—questions that the Supreme Court of Virginia may soon be called upon to answer. A Brief Virginia Government Lesson First, a recap on the basics.  The legislative process requires both […]

Having now had the privilege (or pain) of practicing criminal law in three different states, I can safely say that not all criminal discovery rules and practices are even remotely equal. In law school, we all read Brady and Giglio and know well that a criminal defendant is entitled to certain information, namely exculpatory and impeachment evidence. However, I am sure more than one state criminal practitioner has had a state court judge or prosecuting attorney look at them as if they are speaking Greek whenever either Brady or Giglio is mentioned, and unfortunately, more than once in this last […]

A doctor’s negligence can have devastating and life-altering effects on a patient. A slip of the knife, a missed diagnosis, an unreasonable delay in treatment: All of these can lead to catastrophe. Many times, a patient’s only recourse after an encounter with a negligent healthcare provider is the Civil Justice system and a lawsuit to recover those damages caused by that provider with experienced medical malpractice attorneys. Although a suit for medical malpractice is just a more specific and specialized claim of negligence, Virginia law places a number of guardians at the gates of the courthouse, in an attempt to […]

Plaintiff personal injury clients are different than other types of clients because their Virginia personal injury case is generally their first interaction with the civil legal system. Clients sometimes have an expectation that the process moves fast. Television shows, like Suits and Law & Order, may be to blame for such an expectation. Unfortunately, this expectation is mistaken—the legal process is quite slow. It can take anywhere from weeks to several years to resolve a Virginia personal injury case. This can be especially difficult for a plaintiff who is the victim of a trucking collision, motor vehicle collision, slip-and-fall accident, […]

The long-awaited amendments to Federal Rule of Evidence 702 took effect across federal courts on December 1, 2023.  Companies and individuals whose trial and settlement outcomes come down to expert witness testimony should pay close attention to the growing body of caselaw defining the import of these amendments. Rule 702 provides a key tool for litigants to keep “junk science” out of trial, and imposes on courts an important “gatekeeping” responsibility to exclude any expert opinions that lack sufficiently reliable methodologies.  Although “[n]othing in the amendment[s] imposes any new, specific procedures” to the rule, the Advisory Committee’s comments strengthen the […]