The Library

Most people have been called for jury service at one time or another. Some will see the requirement of jury service as a time-consuming imposition, while others not only readily accept this obligation as a basic requirement of citizenship, but find the experience to be interesting and even ennobling. The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment to the United States Constitution, while the Seventh Amendment provides for jury trials in most civil cases. Obviously, we cannot have jury trials without jurors.  So, who is subject to the requirement of jury service and […]

This article by Gentry Locke criminal defense attorney Justin Lugar was published by the American Bar Association. Being the incredibly interesting human being that I am, sometimes I find myself comparing dictionary definitions between American English dictionaries and Oxford English dictionaries or what I call an “English-English dictionary.” This bizarre habit, I think, stems from my less than successful efforts to learn Latin in high school as well as my great fortune to have lived and practiced law in London for the first four years of my career. During my time in London, I had the great pleasure of working with several […]

In the fertile ground for disagreements between neighbors, trees are a recurring problem. Whether the issue involves encroaching branches or roots or the accidental or intentional cutting of a tree, it is important to understand the legal landscape. In an urban or suburban setting, problems with trees can arise in a number of ways. Overhanging branches can block light or satellite reception; they can damage structures; and they can drop leaves, fruit, flowers or other items.  Encroaching roots can cause significant structural damage to foundations, walkways, and underground utilities.  Although a neighbor does not have the right to enter onto […]

Virginia workers’ compensation law has long required that claims can only be compensable if they are “injuries by accident.” There are parts of the law that provide for compensation for “occupational diseases,” but the idea for injuries like sprains and contusions is that such injuries qualify under the Workers’ Compensation Act only if they occurred “by accident.” This has of course led to a great deal of judicial discourse on what constitutes an “injury by accident.” The upshot is that claims based on either repetitive trauma or cumulative trauma are not compensable. This was the state of the law for […]