Thomas H. Roberts & Associates, PC

Virginia's Personal Injury & Civil Rights Law Firm

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La Muerte Injusta – Un resumen de la ley en Virginia

In English – Wrongful Death in Virginia La Muerte Injusta – Un resumen de la ley en Virginia Cuando un miembro de su familia se muere por causa del un hecho negligente o injusto el representativo personal del fallecido se puede hacer una demanda para daños y perjuicios dentro de los dos años del fallecimiento [...]

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A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.

En Español A summary of the law of wrongful death actions in Virginia. When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person.  (Va. § [...]

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Can I sue the judge?

Q. Can I sue the judge for damages?  A. No. The judge is absolutely immune from a claim for damages arising out of his judicial actions.  Yes, if he acts in an area where he has no subject matter jurisdiction. If the judge acts in an area where he has subject matter jurisdiction, even if [...]

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I’ve been sued for defamation–how do I defend a defamation claim?

You’ve been accused of defamation in Virginia.  What’s next? A general summary of defamation and the steps that should be taken when sued for defamation is as follows: Take a deep breath, organize your thoughts and consider your defenses and contact a lawyer with skill in this area of the law.  Following is useful analysis [...]

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Freedom Works

Freedom Works Commentary by Thomas H. Roberts, Esq. Founder of Freedom Works Foundation The United States of America was founded upon the ideal of Freedom. What is the origin of Freedom?  Adopted unanimously by the thirteen colonies July 4, 1776, the founders of this country declared: “We hold these truths to be self-evident, that all men [...]

Prior Restraint of Speech – First Amendment Violations

RIGHT TO BE FREE FROM PRIOR RESTRAINT AND CENSORSHIP IN VIRGINIA You Can Help Defray the Legal Fees of Cox and Karn – To Help In This Battle The law firm of Thomas H. Roberts & Associates, P.C., an affiliate law firm of Freedom Works Foundation, is proud to stand against prior restraints and censorship [...]

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Summary of the law of non-competition in Virginia

Non-competition Agreements in Virginia An employee’s duty to his employer not to compete arises out of his relationship to his employer. Restatement (Second) of Agency § 393 (1958). Thus, upon the termination of the relationship, the employee may compete with his employer unless a valid non-compete agreement prohibits such conduct. See Hilb, Rogal & Hamilton [...]

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In Virginia, if an officer arrested me outside his jurisdiction, can I file suit against the officer?

In Jordan v. Shands, 255 Va. 492, 497 (Va. 1998), the court stated “We have defined false imprisonment as “the direct restraint by one person of the physical liberty of another without adequate legal justification.” W.T. Grant Co. v. Owens, 149 Va. 906, 921, 141 S.E. 860, 865 (1928). We have also observed that “false [...]

Summary of Virginia’s Freedom of Information Act (“FOIA”)

Summary of Virginia’s Freedom of Information Act (“FOIA”)            The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) is a powerful tool for both citizens of the Commonwealth and for their attorneys, especially in lawsuits involving the state.  (The Federal Government and other states have their own versions of FOIA).  This Act is [...]

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Innocent Child Photographs and the Law

Innocent Child Photographs and the Law   Facts              Billy, a minor child, using a disposable camera, took a number of photographs that one would expect from a 8 year old.  Among the many childish photographs, Billy, took 2 or 3 photographs of his older sister Susie, age 11, capturing her [...]

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