Oh, the places you’ll g…

Oh, the places you’ll go (to court)!

There exists a fifty-square-mile slice of this great country in which, arguably at least, a quirk of jurisdictional jurisprudence prevents any person from being convicted of any crime. The “Zone of Death,” as it was described by Michigan State University College of Law Professor Brian C. Kalt, lies in the southwestern corner of Yellowstone National Park where it crosses from Wyoming into Idaho. There the lethal legal loophole arises from three intersecting considerations: As the federal government has exclusive jurisdiction… Read More
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Limit Contract Disputes B…

Limit Contract Disputes By Drafting The Right Contract

Every day we enter into contracts without even realizing it. Whether it is something as simple as buying groceries or downloading software or as complex as buying a business, every transaction involves entering into some sort of a contract. At its simplest, a contract involves one party making an offer, another party accepting the offer, and an exchange of something of value, usually money for a product or service. When drafted well, contracts can be a fundamental tool in business… Read More
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Workers’ Compensation I…

Workers’ Compensation Insurance: Do I need coverage?

When your business is first starting, and it's just you and maybe your significant other or an old friend from school, you probably aren’t thinking about whether you need Workers’ Compensation coverage. Candidly at that point if it’s just the two of you, you would be safe focusing on getting the business off the ground as workers’ compensation coverage wouldn’t be required. In Virginia, if you have more than two employees, including the owner, you must provide workers’ compensation coverage.… Read More
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One Weird Trick to Avoid…

One Weird Trick to Avoid Broker Liability

The late philosopher Norm MacDonald once observed that while it takes years of training to get a pilot’s license, it only takes a couple of minutes to steal a pilot’s jacket and hat. The doctrine of FAAAA preemption provides another avenue for one to profit by stealing from the airline industry. By “one,” we mean freight shippers and brokers, who are in some jurisdictions able to take advantage of a quirk of federal law to win dismissal of claims arising… Read More
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MAY I HELP MYSELF? Part 1…

MAY I HELP MYSELF? Part 1: Commercial Landlord’s Use of Self-Help Premises Recovery in Virginia and Maryland

VIRGINIA – “Yes,” With Limitations A landlord who desires to regain possession of his property from one who is wrongfully in possession, may initiate an action for unlawful detainer in the General District Court of the county where the property is located. Residential landlords are required to file an eviction lawsuit (unlawful detainer) and receive a court order before evicting a tenant; however, commercial landlords have an additional option they may utilize: self-help. Self-help refers to the actions a landlord… Read More
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Summer brings dangers and…

Summer brings dangers and lawsuits

School is out for summer, and with it, there is a substantial increase in child injury. Nearly one-third of all fatal child injuries occur during June, July, and August. According to the Centers for Disease Control and Prevention (CDC), each year there are 2.8 million children going to the emergency room for injuries related to a fall. We can all agree that children need to be protected from the various dangers facing them. This article will not cover personal injuries… Read More
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A Primer on Bankruptcy: C…

A Primer on Bankruptcy: Chapters 7, 11, and 13

Bankruptcy law in the United States provides several chapters under which individuals and businesses can file for bankruptcy relief. Each chapter serves different purposes and has specific criteria, debt discharge rules, and protections for debtors. A. Chapter 7 Bankruptcy (11 U.S.C. Chapter 7): Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” is designed for individuals or businesses with limited or no means to repay their debts. In Chapter 7, a trustee is appointed to collect and sell the debtor’s… Read More
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Preserve the Unworthy: A…

Preserve the Unworthy: A Review of Federal Law Regarding Spoliation of Evidence

The mail comes in like any other day and you sit down to review. Bills, retail advertisements, a bizarre campaign announcement from the local knucklehead running for city council. Keep, toss, burn. Then your heart sinks. A letter from a law office from some county in the state you forgot even existed. You take a deep breath and open it with a sense of unease. That is when you see that your business is being sued due to an accident… Read More
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Virginia’s “Total”…

Virginia’s “Total” Contributory Negligence Rule

Countless legal scholars have said their peace on this subject since it was established in the Virginia common law by a case called Baskett v. Banks, 45 S.E.2d 173 (Va. 1947). Virginia is one of a bare handful of states that enforce this rule, which to residents of other states can seem rather barbaric in its implementation. The rule plainly stated is that no one can recover from a defendant for injuries which they themselves negligently contributed to causing. To… Read More
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Newly Endangered: Norther…

Newly Endangered: Northern Long Eared Bat

The U.S. Fish and Wildlife Service published their final rule reclassifying the northern long eared bat as an endangered species back on November 30, 2022, with an original effective date of January 30, 2023. This classification is pursuant to the Endangered Species Act (ESA). The US Fish and Wildlife service is able to make this determination when a species satisfies any one of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B)… Read More
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