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The Driver Who Crashed into Me Is High Article

“The Driver Who Crashed into Me Is High”: How Defendant’s Marijuana Use Can Impact Your Virginia Motor Vehicle Personal Injury Case

Articles

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 […]

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Corporate Transparency Act

Corporate Transparency Act Notification and Facts

Articles

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”) […]

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The Executive View Article

The Executive View: Virginia Regulatory Process, Appeals, and Lessons Learned from the Inside

Articles

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 […]

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Categories of Damages in Virginia Personal Injury Cases Article

Categories of Damages in Virginia Personal Injury Cases

Articles

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 […]

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The Anatomy of a Virginia Medical Malpractice Claim: Proving Your Case Article

The Anatomy of a Virginia Medical Malpractice Claim: Proving Your Case

Articles

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 […]

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What is a Wrongful Death Lawsuit Article

What is a Wrongful Death Lawsuit in Virginia?

Articles

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 […]

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Kill the Goose that Lays the Golden Eggs? Article

Kill the Goose that Lays the Golden Eggs? Is There an Alternative Remedy to Dissolution in Oppression Cases?

Articles

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 […]

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Transportation Freight Brokers: Argue F4A Preemption but Take Additional Precautions Article

Transportation Freight Brokers: Argue F4A Preemption but Take Additional Precautions

Articles

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 […]

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Key Considerations for Your M&A Transaction Article

Key Considerations for Your M&A Transaction

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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 […]

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Local Counsel Can Help Prevent You From Being Vinny Gambini’d Article

Local Counsel Can Help Prevent You From Being Vinny Gambini’d

Articles

“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 […]

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