The Library

In Virginia, there is an ethical rule that prohibits attorneys that are representing a client from speaking about the subject of representation with another person that is represented by another attorney for that matter.[1]  For example, say Employee A has hired Attorney A to represent her in a claim against Organization B before the Virginia Workers’ Compensation Commission (“Commission”).  The rule prohibits Organization B’s attorney from talking about the claim with Employee A without either Attorney A’s presence or permission, i.e. Organization B’s attorney could not have an ex parte communication with Employee A. But what about the reverse?  Does […]

In July 2022, a former Virginia state senator, Brandon Bell, and his wife, Deborah Bell, sent a letter on state Senate letterhead accusing a 15-year-old Cave Spring High School student of sexually assaulting their daughter. Three years later, a Roanoke County jury ruled that the Bells’ accusations were not only false but defamatory per se, and awarded the plaintiff, Jane Doe, $1 million in damages plus pre-judgment interest. Background: The dispute traces back to 2021, when Jane Doe, then a high school sophomore, and the Bells’ daughter, began a same-sex relationship after meeting in band. Both testified that the relationship […]

As a plaintiff personal injury attorney, clients often wonder which court their case will be filed in. This article will discuss the three trial courts in which a Virginia civil lawsuit can potentially be filed—general district court, circuit court, and federal district court. General District Court In Virginia, general district courts have jurisdiction over almost all types of civil claims up to $50,000.[1] In other words, any claim for breach of contract, personal injury, or property damage not exceeding $50,000 can be filed in general district court.[2] If you have a contract, personal injury, or property damage claim for $4,500 […]

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 […]