The Library

A federal appeals court ruled on Friday that President Trump’s attempt to bypass Congress and impose sweeping tariffs on foreign products was unlawful. The Trump administration had argued that import duties are necessary to strengthen the U.S. economy, but the U.S. Court of Appeals for the Federal Circuit ruled 7-4 that the Trump administration went too far when he declared national emergencies to justify tariffs on other countries writing that “it seems unlikely that Congress intended to… grant the President unlimited authority to impose tariffs.” The ruling did not take effect immediately and provided the administration time to appeal to […]

Let’s say you were in the unfortunate situation of being involved in a traumatic accident where a lawsuit may be on the horizon. It could be a car wreck, tractor-trailer crash, motorcycle crash, boat crash, plane crash, medical malpractice, slip-and-fall accident, etc. You may be the injured person (potential plaintiff) or you may be the person at fault (potential defendant). No matter the type of accident, if you are a potential plaintiff or potential defendant and the accident happened in Virginia, then you have “a duty to preserve evidence that may be relevant to reasonably foreseeable litigation.”[1] Failing to follow […]

If you or your loved one is scheduled to have surgery in the near future, there are a number of things that you should do prior to admission to the hospital. Many of these things your attorney can help you accomplish and some you may accomplish on your own. Investigate the Doctor or Surgeon First, you should investigate the doctor and/or surgeon that will be the primary caregiver while you or your loved one is hospitalized. Investigation of a healthcare provider is relatively easy and can be accomplished by going on the Virginia Department of Health Professions official website and […]

On May 20, 2025, the Equal Employment Opportunity Commission (“EEOC”) opened the portal for the submission of the 2024 EEO-1 Component No. 1 Report. All private sector employers with 100 or more employees are required to file their annual workforce demographic report by no later than 11:00pm EDST on June 24, 2025.[1] The EEOC has a dedicated landing page for this portal, and has provided an updated 2024 EEO-1 Component Instruction Booklet and a host of Fact Sheets, FAQs and other guidance documents to assist with the filing which can be accessed here. Since 1966, larger employers have been required […]

Many kinds of incidents can lead to the pursuit of a personal injury claim in Virginia. Recent data from the Centers for Disease Control and Prevention shows that close to 40 million Americans visit the hospital each year due to suffering a personal injury. The Insurance Research Council reports that personal injury settlements were 40% higher when claimants were represented by an attorney.  Situations where a personal injury can occur include the following:    Car accidents;   Tractor Trailer Accidents;   Boating Accidents;   Slip and fall;   Dog Bites;   Household Products Causing Injury;   Commercial/Industrial Products Causing Injury; […]

When someone dies, their loved ones are often left overwhelmed. Decisions need to be made. Paperwork needs to be filled out. Funeral and burial arrangements need to be planned. Steps need to be taken to protect the deceased individual’s assets. Of equal importance – especially in cases where the death was caused by another’s negligence – considerations need to be made to protect the interests of the decedent’s statutory beneficiaries. Statutory beneficiaries are the individuals that may have the right to recover damages [CDM1] for their loved one’s wrongful death. The first question that needs to be determined is this […]

On May 1, 2025, the U.S. Department of Labor issued a field assistance bulletin, Wage and Hour Memorandum No. 2025-1, stating that it would no longer apply the 2024 Rule used to determine when workers are independent contractors or employees under the Fair Labor Standards Act. Instead, the DOL said it will enforce the FLSA in accordance with Fact Sheet #13 (July 2008) as informed by Opinion Letter FLSA2025-2, which involves service providers working in a virtual marketplace company. The Trump DOL did not rescind the regulations that created the 2024 Biden-Era Rule, it simply stated it plans to not […]

As Virginia personal injury and wrongful death attorneys, our clients often ask us—how much is my car worth? How do I negotiate the value of my vehicle with the insurance company? Am I still entitled to a rental vehicle from the at-fault driver even if my vehicle is a total loss? Surprisingly, the vehicle/property damage claim is the top priority for many clients and the injury claim is sometimes an afterthought. Even if the client suffers a catastrophic injury, they still worry about how their family will get from place to place without their primary vehicle. We represent clients who […]

Contracts are critical to commercial relationships, but unforeseen events, such as high tariffs, can disrupt performance. This article discusses how Virginia courts may handle doctrines like force majeure, commercial impracticability, and frustration of purpose, and explores related issues such as price adjustments, tariffs as taxes, and cost allocation.  It includes considerations that apply to contract drafting, contract interpretation and contract litigation. Doctrines to Excuse Performance Under a Contract in Virginia Excuse of performance obligations evidenced by a written contract is an option in light of extraordinary circumstances when renegotiation may not be an option. Courts often strictly interpret force majeure […]