The Library

A Commercial Landlord’s Guide to Relief when a Tenant Abandons the Property Tenants come and go. Sometimes they go without warning. In an age of remote work, stay-at-home orders, and supply-chain delays, commercial landlords find themselves in a precarious position with tenants who threaten not to return or who just altogether leave. Of course, a landlord has available to it the traditional contractual remedies and those under the Virginia Landlord Tenant Act. However, there is another remedy often overlooked: the distress warrant. Given the severity and unique nature of the distress warrant, it is obvious why landlords infrequently rely on […]

A team of Gentry Locke litigators recently reached a settlement for $8 Million Dollars on behalf of a factory worker who was severely injured when her hair became entangled in the drive shaft and roller of the glue spreading machine she operated. The machine spun her hair around the shaft and roller, ultimately completely scalping her from eyebrows to the back of her neck and from ear to ear. Her life was saved by the Duke Medical Center but her injuries are permanent and debilitating. The claim we asserted on our client’s behalf was initially focused on the way the […]

The COVID-19 pandemic turned the world on its head just days after the 2020 General Assembly adjourned, all but guaranteeing that the General Assembly would reconvene for a Special Session sometime this year to reconcile the state budget and deal with the fallout from the outbreak. Since then, the murder of George Floyd created a sense of urgency around the need for police and criminal justice reform, producing a second set of issues to address. Governor Ralph Northam has now called the General Assembly back to Richmond on August 18 to take up both of these issues. At a broader […]

The 2020 Virginia General Assembly enacted significant changes to Virginia’s most widely used exemption statutes in Title 34. In 2020 Virginia House Bill 790, which becomes effective on July 1, 2020, the legislature expanded both the amount of and procedure for claiming what is commonly referred to as the “Homestead Exemption” by simplifying the procedure for debtors claiming those exemptions in a pending bankruptcy case. Currently the Homestead Exemption under section 34-4 of the Code of Virginia permits an individual (a “householder”) to exempt from creditor process real and personal property up to $5,000 in value (or $10,000 in value […]

Change is coming July 1, 2020. Do you know how Virginia’s new laws impact your business? We do.   Virginia Values Act     Virginia Clean Economy Act   Virginia Whistleblower Protection Law   Virginia Human Rights Act   Virginia Business Returns to Work  

A slim majority of the Supreme Court of Virginia recently affirmed a judgment in favor of a supplier against a general contractor for materials that a subcontractor had ordered from the supplier but not paid for. The case, Davis v. FTJ, is a cautionary tale for those who expect their legal obligations to end with the contracts they make. Under this case, “implied” contracts – i.e., fictional contracts implied by law – may carry those obligations much further. The general contractor in Davis engaged a subcontractor to provide drywall and metal framing for a project in Arlington County, Virginia. The […]

As companies start to reopen and more workers are brought back to the workplace, the federal Occupational Safety and Health Administration (“OSHA”) changed its position and is now requiring businesses to be proactive in determining how workers who test positive for COVID-19 became exposed. The new guidance released on May 19 reversed OSHA’s April directive and now requires all employers with 11 or more employees who must maintain OSHA injury and illness logs to determine if a worker’s COVID-19 case is job-related.[1] This new Guidance can be found here. This requirement applied initially only to health-care employers, emergency-response providers, and […]