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Falling Trees

Falling trees may be a hazard anywhere.  They become a particular hazard if they fall onto a roadway or onto a home.   Falling Trees-Va. Supreme Court The Virginia Supreme Court has addressed the issue of whether a landowner is liable … Continue reading

Dead Man’s Statute

The Virginia Dead Man’s Statute is misnamed.  It really doesn’t apply just to dead men.  Rather it applies to cases where a person is not able testify. Being unable to testify may be a result of injury, amnesia, treatment, medication … Continue reading

Craving Oyer

Complete Analysis of Craving Oyer A motion craving oyer is an old form of pleading in Virginia.  The purpose is to compel the other party to attach to the initial pleading an important document.  In most cases that important document … Continue reading

Electronic Data Records

Electronic data records can come in several forms. There is another posting  on this website dealing with electronic data records relating to vehicles. On a vehicle that data may be recorded on what some people call the “black box”, the … Continue reading

Jury Research

Online jury research is a powerful tool. The process of asking questions of jurors prior to them being selected is helpful. Any such questioning however tends to be somewhat shallow. In addition most judges in Virginia limit the amount of … Continue reading

Injunctions

An injunction is a court order. The Court 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 … Continue reading

Filing Suit in Federal Court

Filing suit in US District Court, also known as federal court, requires that the court have what is called subject matter jurisdiction. This is based on either diversity of citizenship or what is called a federal question. The former means … Continue reading

Eyewitness Identification

Eyewitness identification is a basic feature of our legal system.   However it stands on fragile legs. It is affected by such things as the race of a person, lighting and police tactics. In addition the trauma of the event … Continue reading

The Economic Loss Rule In Virginia

The economic loss rule was designed to prevent a buyer of goods from suing either in negligence or strict liability when the damage was to the goods alone. The rule attempts to maintain the divide between contract and tort. In other … Continue reading

Mediation In Fairfax Virginia

Mediation is a means by which a neutral person is chosen by the parties to assist in discussing settlement. Hence the goal is that at the end of the meditation the case will be settled.  Mediation in Fairfax Virginia Has … Continue reading

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