The Library

Despite a set schedule, appellate briefing is not necessarily closed prior to decision.  Even after oral argument, a party may submit “supplemental authorities” by letter to the clerk.  This letter is not limited to just citing the new authority—argument is ok too. The rules for submitting supplemental authority are similar across the Court of Appeals of Virginia, the Supreme Court of Virginia, and the Fourth Circuit. The “authority” cited must be “pertinent and significant.”  Temporally, it should “come to a party’s attention” (i) after the party’s petition/brief was filed or (ii) after oral argument, but before decision; the letter must […]

Earlier this month, the Department of Labor (DOL) issued a new final rule intended to be effective March 11, 2024 that will address when a worker can be properly classified as an independent contractor. The misclassification of workers has been an issue of concern for several years, especially for worker-right advocates, which led to new legislation being passed in Virginia and many other states.[1] On the other hand, many business groups, especially those which rely heavily on independent contractors, such as those in the trucking and construction industry, and others in the gig-economy, are concerned that the new regulations unfairly […]

Our firm is often asked whether it is necessary to have an autopsy performed on your family member if he or she passes away, and you suspect that medical malpractice was the cause of your loved one’s death. The short answer is, that it is not a legal requirement in Virginia; however, wrongful death attorneys will agree that it is highly recommended. A wrongful death claim based upon medical malpractice is a claim that is brought when a family member dies as a result of the negligence of a healthcare provider. To have a meritorious medical malpractice action in Virginia, […]

On December 6, 2023, the United States Department of Health and Human Services (HHS) initiated new cybersecurity requirements for hospitals in an effort to protect the healthcare sector from cyber-attacks. Hospitals and healthcare providers are particularly attractive targets for threat actors due to their size, dependence on technology, and access to data (including sensitive health-related data). Because sophisticated hackers appreciate the massive disruption and harm that an attack could cause to a healthcare provider and their data subjects, ransomware attacks are the weapon of choice for these threat actors. Gentry Locke is an experienced cybersecurity law firm that has data […]

Virginia has recently decriminalized the possession of four (4) ounces or less of marijuana.[1]   Police in Virginia can no longer “stop, search, or seize any person, place, or thing” based “solely” on “the odor marijuana.”[2]  Virginians now frequently encounter the distinctive “skunk-like” odor of marijuana in public places.  Alarmingly, Virginians also encounter that odor, sometimes accompanied by visible smoke, emanating from vehicles operating on public roadways.   This is so even though it remains a crime for any person—driver or passenger—to use marijuana “in a motor vehicle being driven upon a public highway of the Commonwealth.”[3]  Gentry Locke’s personal injury attorneys […]

Dear Gentry Locke Clients: This letter is to notify you of a significant change in federal law that will impact nearly everyone operating a business through a legal entity such as a corporation, limited liability company, limited partnership or other similar entity. The Corporate Transparency Act (the “CTA”) became effective on January 1, 2024, and all required companies should be prepared to comply with the new reporting requirements. The CTA requires specific private companies that meet the CTA criteria of a “reporting company” (“Reporting Company”) to file informational reports with the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) […]

My law professor once said that administrative law is “electrical engineering for lawyers.”  I did not fully appreciate what this meant, other than that it sounded complicated.  That was until I had the opportunity to spend years watching the regulatory and appellate process up-close.   I had the honor and privilege of coordinating review of Virginia’s regulatory process on behalf of the Virginia Governor.  As Deputy Counsel and then Counsel to Governor Terry McAuliffe, I reviewed more regulations than, I suspect, most any other lawyer in the state. More importantly, I saw the process work and not work.  And I watched […]

As Virginia personal injury attorneys, our clients often ask us questions such as: What can I sue for after a car accident in Virginia? Is the defendant liable for the full amount of my medical bills? Does the defendant have to reimburse me for the time I was out of work? What about pain and suffering? Who pays for my vehicle that was totaled? Can I sue for punitive damages? This article is written by a personal injury lawyer in Roanoke who can summarize the categories of damages that are generally available to plaintiffs in Virginia personal injury cases. The […]

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 […]