Under a new Virginia law that will go into effect July 1, 2019[1], parties to lawsuits now have a duty by statute to preserve evidence that may be relevant to litigation. The measure, SB1619, authorizes courts to punish parties and potential parties to lawsuits alike for failing to preserve, disposing… Sanctions for Loss or Destruction of Evidence – SB1619
In a unanimous decision by Justice Ruth Bader Ginsburg issued February 20, 2019, the Supreme Court of the United States ruled in Timbs v. Indiana[1]that the Eighth Amendment’s[2] protection against excessive fines applies to the states via the Fourteenth Amendment’s Due Process clause. The decision may strike a blow at… Prohibition against Excessive Fines by U.S. States
A previous post on the Tremblay & Smith blog discussed the legal standard for claims of intentional infliction of emotional distress. But not all emotional injuries are caused by intentional or reckless action—sometimes ordinary negligence is to blame. This post addresses the status of Virginia law regarding negligent infliction of… Negligent Infliction of Emotional Distress
In a per curiam opinion dated April 2, 2018, the U.S. Supreme Court found that a police officer who shot a woman suspected of no crime but who was holding a kitchen knife at her side in her own front yard was shielded from a civil suit by qualified immunity.… Qualified Immunity for Police Officer Who Shot Woman in Own Front Yard
Recent well-publicized reports of citizens being injured or killed by police officers have produced public discourse on what civil liability law enforcement officers face for the use of excessive force. Even though police officers can be sued for violating civil rights, victims and their families seeking monetary compensation must still overcome a high hurdle before their cases will be heard: the doctrine of qualified immunity.
Plaintiffs in defamation, insulting words, malicious prosecution, abuse of process, and other kinds of lawsuits in which no physical injuries are alleged will frequently add a count to their complaint for intentional infliction of emotional distress (IIED). This choice may better reflect their attorney’s desire to be thorough and pursue… Intentional Infliction of Emotional Distress in Virginia
