Civil / Business Law

Supreme Court of Virginia Oral Argument

The highlight of many Viginia lawyer’s careers is an argument before the Supreme Court of Virginia.  Many ask me, what is it like?  Here is the basic procedure for writ panels, which is usually the first step in an appeal to the high court. After a Notice of Appeal and Petition for Appeal have been filed and briefed, the Court assigns a court date without consultation with the attorneys — it presumes that a lawyer…

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Frivolous Business Lawsuits Slapped Down by Supreme Court

Imagine being sued by a person for a technical violation of law by someone who suffered no injury but who sued you anyway . . . because he could (and because his lawyer would earn a handsome fee).  Believe it or not, this happens all the time.  Congress has passed a number of complex laws that carry statutory penalties — many of which also carry attorney’s fees.  If one runs afoul of one of these

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Court Activity: Supreme Court of Virginia Filing

On January 14, we finished a brief to the Supreme Court of Virginia.  Arguing cases in the highest court of the state is always a time to do one’s best, and it gets started with the initial briefing. Our client is a nationwide company who was being taxed locally on business property that it doesn’t believe should be taxed under Virginia law.  (Virginia’s counties and cities tax businesses based on the value personal property located

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Is my non-compete agreement enforceable in Virginia?

Question:  Is my non-compete/non-solicitation agreement enforceable in the state of Virginia? I was employed (w2) by an IT staffing firm for 6 months to work as a contractor for their client. I then started my own business, doing IT consulting. Client reached out to my company to buy my services. The former employer contacts me stating that I have a non-compete, and in order to work for client, I have to work through them as a

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How can a landlord sue a prior tenant for rent and property damage?

QUESTION: How do I pursue a former tenant for damages to the property and non payment of rent?  The tenant left water running in the house when she moved out destroyed ceiling holes in wall didn’t clean anything trash inside and outside and abandoned vehicles are on the property. Answer To recover damages from a former tenant, one files a Warrant in Debt (if the tenant no longer possesses the property) or an Unlawful Detainer

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