Business Tort Immunity Defense

The law of business torts in Virginia like interference with a contract has changed as of July 1, 2017.  This touches on Amendment 1 of the constitution, and provides that Virginian’s are immune from certain business torts under Virginia law if they are discussing “matters of public concern”

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Posted in Business Law
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Defamation Immunity Defense

The law of defamation in Virginia has been changed as of July 1, 2017.  This touches on Amendment 1 of the constitution, and provides that Virginian’s are immune from defamation under Virginia law if they are discussing “matters of public concern” with anyone.  This defense of defamation immunity does not apply to any statements made with actual or constructive knowledge that they are false,

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Posted in Personal Injury Law
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Virginia Suspended License Penalty Change

 

As of July 1, 2017, if your license is suspended for failing to pay fines and costs, and then suspended again based because you drove on your suspended license, the two suspensions run at the same time.  You do not have to wait for one suspension to end before starting the new suspension. 

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Posted in Traffic Law
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Company Owner Liable Unpaid Wages

If the company does not pay my wages, is the owner responsible?

The failure to pay minimum wages or overtime wages often means that the individual owners of the company are liable.  The overwhelming weight of authority is that corporate officers and/or owners are employers under the FLSA when they engage in some operational control over the corporate employer.

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Posted in Employment Law
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Personal Injury Compensation

Compensation for Virginia Personal Injury Claims

(1) any bodily injuries sustained and their effect on health according to their degree and probable duration;

(2) any physical pain [and mental anguish] suffered in the past [and any that may be reasonably expected to suffer in the future];

(3) any disfigurement or deformity and any associated humiliation or embarrassment;

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Posted in Personal Injury Law
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Unpaid Wages Retaliation

The Fair Labor Standards Act (FLSA) prohibits retaliation against an employee (including discharge or discrimination) by employer because the employee has filed a complaint or instituted any proceeding related to the Act generally.

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Posted in Employment Law
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Virginia Premises Liability

An “invitee” is one who visits premises lawfully at the express or implied invitation of the owner. An express invitation is made directly or indirectly by spoken or written words.  An implied invitation is one made by holding open the premises to others for some particular purpose.

The owner of premises has the duty to use reasonable care to have the premises in a reasonably safe condition for an invitee’s use consistent with the invitation;

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Posted in Personal Injury Law
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Police Crash Reports

Police crash reports are not admissible in court to prove that the accident was the other driver’s fault.  They are used as a method for the state of Virginia to collect information on crashes for accident prevention purposes.

A favorable crash report can help you, because an insurance company may use it to help make a decision in your claim,

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Posted in Personal Injury Law
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Insurance Claim Process

Insurance Claim Process

The following discussions in the insurance claim process are important and occur early in the process.

Discussion One

The first person you speak with at the insurance company says he or she is “just gathering information, and a claims adjuster will be assigned to your case and will contact you to settle the claim.“

This does not necessarily mean the insurance company will settle the claim or settle it fairly. 

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Posted in Personal Injury Law
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Business Interference

In general, tortious interference with an existing contract not terminable at will requires four elements. 1) A valid contractual relationship; 2) knowledge of the relationship by the interferer; 3) intentional interference; and 4) damage to the relationship.

A terminable at will contract requires the additional element of “improper methods.”  Duggin v.

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Posted in Business Law
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