Category Archives: Intentional Torts

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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

Punitive Damage Awards

The Virginia Supreme Court has dealt many times with the issue of punitive damage awards.  The basis for a punitive damage award is a conscious disregard.  That requires something beyond ordinary negligence.  It also requires something beyond gross negligence.  A … 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

Slander Per Se

Defamation Includes Slander And Libel Slander is a form of defamation. Defamation is any false statement which produces injury to a person.  Defamation in oral form is slander.  In written form it is libel. It is an intentional tort. That is different from … Continue reading

Criminal versus Tort

Tort law is a branch of what is called civil law.  Civil law is distinct from criminal law.  Criminal law involves instances of where a person or company breaks a criminal statute. That person is then either arrested by the … Continue reading

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