The Richmond-Times Dispatch recently reported on a defamation case our firm filed in Albemarle County Circuit Court on behalf of Judge Bradley B. Cavedo, a sitting Circuit Court judge in the City of Richmond. The case alleges that then-Senate Candidate Daniel Gade published defamatory remarks of or concerning Judge Cavedo… Tremblay & Smith files Defamation Suit on behalf of Judge Bradley Cavedo against Daniel Gade

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

At the Greenbrier on April 1, 2017, Thomas E. Albro received the Virginia Trial Lawyers Association’s Lifetime Achievement Award. The award is one of the highest honors bestowed by the VTLA, and has been awarded only three other times since its inception. The VTLA Lifetime Achievement Award is meant to “recognize… Thomas E. Albro honored by VTLA with the Lifetime Achievement Award

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

Facebook, the largest social media network in the world, published about thirty-one million messages and posts per minute in 2015. Instagram, Twitter, and Linkedin boast smaller numbers, but not by much. As social networks have expanded, so have the cases in which plaintiffs have successfully recovered damages for defamatory statements made on social media sites. Cases like Courtney Love’s have even created new terms of art in defamation, like ‘Twibel,’ which means a libelous statement made on the Twitter platform.