A settlement agreement and a contract are synonymous.  So the question is really, is there a contract to settle the case?  What are the elements of contract?  Offer, yep.  I will dismiss my case if you dismiss yours and pay … Continue reading →

Some attorneys like to appeal every case that the client can afford to pay for.  Others don’t agree and file an appeal only when they see clear error.  I don’t agree that there is a blanket rule for appeals.  It … Continue reading →

Sometimes you run into lawyers and clients who just don’t seem to have any idea of proportionality.  I won’t name names, but a couple of national firms are that way.  So they might take case worth a few thousand and … Continue reading →

I was all set to try a case in Federal court tomorrow.  About 3-4 days of trial.  The issues were not complicated-it was a simple contract case– but the background was highly technical so the judge could understand why my … Continue reading →

Gee:  Guess I was right after all.  I’ve been saying for years that a person can be identified as a likely target for attack based on how they walk and their general body language.  People laughed.  Now science validates me.  … Continue reading →

In defamation cases there is always a fine line between what is defamatory (a false fact) and what is merely opinion, albeit offensive.  This fall the Virginia Supreme court will attempt to thread this needle in Cashion v. Smith where … Continue reading →

PKO Ventures v. Norfolk Redevelopment & Hous. Autho. Will address whether a finding of blight is appropriate when the finder has a financial interest in that finding  I’ll be interested in PKO Ventures since this occurs so often.  I could … Continue reading →

I don’t usually post personal items here but I decided it was time you got to know me a bit.  So know this:  Generally I don’t like team sports.  I love MMA, wrestling (Olympic and Greco-Roman), judo, Tae Kwon Do, … Continue reading →

Some like it, some hate it.  Here’s the story: Some lawyers, as part of the client’s preparation for deposition, have the client prepare “Cliff Notes” of their testimony.  This would be a set of notes, including time lines, photographs and … Continue reading →

Some of my clients ask why lawyer’s Complaints are so complicated and have different claims.  To them it seems simple: we agreed to do something, it didn’t get done, and I’m out my money.  I want my money back Mr. … Continue reading →