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A commercial landlord in Virginia who wishes to evict a non-paying tenant must do so by filing an unlawful detainer action in the General District Court of the county where the property is located. The guidelines for pursuing an unlawful detainer, found in Va. Code Ann. § 8.01-126, were modified earlier this year and went into effect on July 1, 2024. One noteworthy modification relates to a landlord’s request for all amounts due and owing as of the date of… Read More

The dreaded envelope from a state or federal court. Addressed to you. You wrack your brain to figure out how many parking tickets you ignored or who might want to sue you. You open the envelope. It’s the reviled jury summons. “Oh darn!” you exclaim (or some variation not suitable for public ears). “I can’t serve on a jury,” you think. “My boss will flip out, who will take care of the kids? How can I get out of it?”… Read More

This time last year, federal regulators tasked with ensuring our nation’s roadways were going to act on a 14-year-old petition to require new trucking operators to take a standardized proficiency test before being granted operating authority. The Federal Motor Carrier Safety Administration issued a final rule in 2008 under a provision in a 1999 law aimed at improving the safety performance of new-entrant carriers. The petition was an attempt to resolve a deficiency caused by the FMCSA’s final rule failing… Read More

The Environmental Protection Agency (EPA), a federal agency responsible for maintaining and enforcing national standards under a variety of environmental laws, ensures Americans have clean air to breathe and clean water to drink. The agency has this power through the Constitution’s commerce clause, giving the federal government authority to regulate commerce between the states and international. Recently the EPA issued new rules which essentially mandate the trucking industry to transition to electric vehicles. Electric vehicles, in theory, are emission free… Read More

Over the course of my career in law, I’ve had hundreds of opportunities to be involved in a wide variety of matters. Throughout the many cases I’ve handled and observed during that time, one phrase has managed to pop up with comically concerning consistency: “I didn’t know…” Under the guise of this unfortunate preface, I’ve heard a number of admissions and acknowledgements such as: “I didn’t know the speed limit was only 55,” “I didn’t know this was considered a… Read More

On Tuesday, November 30, 2023, Ethan Crumbley fatally shot four children at his high school with a handgun purchased for him by his parents. No matter what your politics or personal beliefs, everyone agrees that we live in an era with far, far too many school shootings, but this one stands out in the legal sphere as unique because it marks the first time that parents of a school shooter were charged with manslaughter for killings perpetrated by their minor… Read More

As an employer, knowing the difference between an employee and an independent contractor can help avoid the legal and financial penalties of worker misclassification. In my last article, I discussed what those penalties were and the effect misclassification has on employers and employees. In this article, I’ll discuss the various tests for determining whether an individual is an employee or an independent contractor. Which test to use depends on what law is being applied. The primary distinction between an employee… Read More

The rules are the rules… Virginia Workers’ Compensation is seen by many as favoring workers over employers. In many instances, it seems to fly in the face of conventional wisdom when it permits employees who may not have been exercising reasonable safety precautions to still recover benefits. In such situations, the employer will need to take a good long look at itself and its practices. In Virginia Comp, an employer can actually use an employee’s bad behavior as a possible… Read More