Category Archives: Intentional Torts

Brien Roche Law > Intentional Torts
Consumer Protection Act in Virginia

The Virginia Consumer Protection Act was initially passed in 1977. It was passed as remedial legislation to promote fair and ethical standards between suppliers and the consuming public. It protects in particular a consumer transaction. A consumer transaction involves the … Continue reading

Fair Market Value of Real Estate

Sometimes in the course of litigation there arises issues about the fair market value of real estate. When you get into fair market value questions, normally there is going to be an appraiser involved. Appraisers Use Three Different Approaches in … Continue reading

Bad Faith Claims

The concept of bad faith lawsuits became popular nearly 50 years ago.  There was a widespread problem with insurers denying claims as a matter of course.  Sometimes there was no investigation.  Sometimes there was no attempt to settle.  The insurer … Continue reading

Civil Conspiracy

Two types of civil conspiracy claims are recognized.  One of them is founded on common law.  The other is created by statute.   Civil Conspiracy-Common Law A common law claim must allege several different elements.  The first element is a combination … Continue reading

Police Use of Force

Limiting Police Use of Force With the killing of George Floyd in Minneapolis in the summer of 2020, many cities and states began to review police use of force measures.   In the District of Columbia, the City Council passed certain … Continue reading

Defamation Online

Defamation online has been a hot topic for years.  The social media companies such as Facebook, Twitter, etc. are immune from defamation claims based upon what their users may publish. Defamation Online-The Basics The basis of a defamation claim is … Continue reading

Disparagement Clauses

Disparagement clauses or what may more often be called “non-disparagement clauses” are common in many settlement agreements.  In particular they may become part of divorce settlements.  They are either agreed to by the parties or imposed by the court.  These … Continue reading

Sexual Abuse Claims

Factors To Look At In Sexual Abuse Claims Children are the most frequent victims of abuse. They need to be protected. The predators who engage in sexual abuse are indeed predators. They are cunning. Abusers seek out places to prey … Continue reading

Injunctions

An injunction is a court order that tells a person to either do something or not to do something. When the Court tells a person to do something, it is referred to as a mandatory injunction. When the Court tells … Continue reading

Privacy Rights Discussed By Injury Lawyer

Privacy Rights In Virginia privacy rights are largely creatures of statute. The actual cause of action for invasion of privacy is limited. It is based on the use of a person’s name or picture for some commercial purpose. The scope … Continue reading

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