The Library

Medical Malpractice attorneys, or “med mal” attorneys, help distinguish whether a cause of action is specifically due to Medical Malpractice or whether the action be considered general negligence. The difference matters. This is because, for better or worse, Virginia law imposes numerous restrictions, limitations, and prerequisites to maintaining a medical malpractice action that are not present in other personal injury actions. Failure to comply with some of these requirements can be fatal to your case. For example, if a plaintiff fails to comply with the myriad of requirements to bring a medical malpractice action, including the requirement for, the case […]

In Virginia, a wrongful death lawsuit is a lawsuit brought by the personal representative of the decedent’s estate to recover damages for the circumstances causing the decedent’s death.[1] A Virginia wrongful death case can arise from various circumstances: a truck driver’s negligence may cause the death of a motorist, a doctor’s medical malpractice may cause the death of a patient, a manufacturer’s defective product may cause the death of its user, etc. Even intentional acts, such as murder, can give rise to a wrongful death case. It is important for the personal representative and the surviving family members to consult […]

A New Path for Appellate Lawyers Last year, the jurisdiction of the Court of Appeals of Virginia was expanded to offer aggrieved litigants in civil cases an automatic right of appeal. Va. Code § 17.1-405(A)(3).[1] That change offers opportunities for the Court to provide guidance to circuit courts and litigants in many areas of law that are unsettled, under-developed, or otherwise unclear. This is particularly true of corporate law under the Virginia Stock Corporation Act, an area in which decisions by the Supreme Court of Virginia have been few and far between over the past few decades, despite significant statutory […]

When a roadway accident occurs during the shipment of goods, each party involved in the logistics chain can face varying levels of exposure for resulting injuries and damages. Freight brokers know there can be multiple parties in this chain. With increasing frequency, aggrieved parties are filing lawsuits against the shipper, freight broker, motor carrier, and driver. In transportation casualty defense, long gone are the days of two party litigation. As the middle man in the chain, the freight broker does not transport property or take possession of property.[1] It simply arranges for transportation of the shipper’s goods by a motor […]

Article originally published by Valley Business Front in Issue 168, September 2022: Valley Business FRONT, Issue 168, September 2022. “A term sheet can be a relatively simple, non-binding description of the deal… [It] can set mutual expectations and help avoid disagreements.” When considering a transaction to buy or sell a business, there are a number of issues to think about. The following considerations can help you maximize value, limit risk, and make your transaction run smoother: 1. Define your objective. Whether you are buying or selling, you first need to determine what the objectives of your transaction are going to […]

“My Cousin Vinny” is a 1992 comedy film that follows Bill and Stan, two college students who are mistakenly accused of murder while traveling in Alabama. Bill’s cousin, Vinny Gambini, a brash and inexperienced lawyer from New York, comes to their aid. The film humorously explores Vinny’s fish-out-of-water experiences in the Southern legal system as he attempts to defend the two young men. Throughout the movie, Vinny faces various challenges, misunderstandings, and clashes with the local legal community. The film is known for its comedic elements, courtroom drama, and the dynamic performance of Joe Pesci as Vinny. Funny bits? It […]

If you are looking for the best Virginia personal injury attorney for your case involving a trucking accident with a tractor trailer, the following five important considerations should be made: 1. Find an experienced Virginia trucking attorney who is also a licensed (CDL) truck driver. As you might imagine, there are very few. Why is this so important? Tractor trailers are extremely different than other motor vehicles. A typical car may weigh a couple thousand pounds and be 12’ long. A tractor trailer, on the other hand, weighs approximately 35,000 pounds empty and up to 80,000 pounds when fully loaded. […]

The Federal Trade Commission (FTC) announced on October 27th that it has expanded the scope of its financial data security rule, which will now require nonbank financial institutions – like vehicle dealers and mortgage brokers – to report data breaches. This new amendment to the FTC Safeguards Rule imposes similar reporting requirements to those already applicable to banks. Specifically, the amendment will require nonbank financial institutions to report to the FTC any data breach affecting 500 or more consumers’ data. The rule gives financial institutions 30 days to report the breach, however the FTC encourages reporting as soon as possible. […]

Article originally published by Bloomberg Law: AI Standing Orders Proliferate as Federal Courts Forge Own Paths (bloomberglaw.com) Reproduced with permission. Published Nov. 8, 2023. Copyright 2023 Bloomberg Industry Group 800-372-1033. For further use please visit https://www.bloombergindustry.com/copyright-and-usage-guidelines-copyright Gentry Locke’s Jessiah Hulle surveys federal courts’ ever-expanding guidance on artificial intelligence, and finds that, for now, courts are experimenting with varied approaches to the new technology. Federal courts nationwide are weighing in on how artificial intelligence can be used in court filings, and they’re exploring different approaches to address issues such as disclosure, accuracy, and ethical duties. A comprehensive review of 196 federal […]