Category Archives: Intentional Torts

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Famous Defamation Trial

A famous and perhaps the first defamation trial to occur in this country involved a gentleman by the name of John Zenger. Zenger was a former indentured servant who was born in Germany. He began printing a publication known as the New York … Continue reading

Fraud Upon Elders Discussed By Injury Attorney

There is a division within the Consumer Financial Protection Bureau (CFPB) that is designed explicitly to prevent fraud upon elders.  That office is known as the Office for Older Americans.  During the recent financial crisis, Americans 55 and older lost … Continue reading

The Glove Did Fit

In one of the trials of the century involving O. J. Simpson, he was asked for some reason, to put on the supposed glove that was used by the murderer and, as we all may recall, the glove did not … Continue reading

Injury Attorney Defines Slander Per Se

Slander per se is actionable without proof of what are called special damages according to injury attorney Brien Roche. Slander is a form of defamation.  In general, defamation is any false statement which produces injury to a person.  Defamation can come in … Continue reading

Injury Attorney Defines Fraudulent Misrepresentation

Fraud in the legal context is a frequently misused allegation.  Fraud, or what is also called fraudulent misrepresentation,is somewhat akin to lying.  However, from a legal point if view it is slightly different.  Technically what fraud is is an intentional … Continue reading

Injury Attorney Notes Parental Rights In Virginia Are More Important Than You Thought

Injury Attorney Comments On Parental Rights Parental rights in Virginia may be more important than you thought notes injury attorney Brien Roche. The Virginia Supreme Court recently in the case of Wyatt v. McDermott, held that a natural father could … Continue reading

Scienter

Scienter is a term that relates to the knowledge of the wrongdoer.  Certain types of claims do require some scienter.  For instance, in a fraud claim scienter is necessary.  Scienter in that context means that the person committing the fraud must … Continue reading

Criminal Versus Tort

Criminal versus tort: There may on occasion be some overlap between criminal law and tort law.  For instance, certain criminal acts may also be called tortious, i.e. constituting a basis for a tort claim. If you get punched in the … Continue reading