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 →

I’ve been practicing for over 20 years now. Amazing. So I thought I would list some of the pieces of advice I’ve gotten over the years that have helped me become a better lawyer and (maybe) a better person: • … Continue reading →

If a client gets a cease and desist letter (telling you to stop doing something like using the phrase “dirty brawls” on your website) what should you do? The first thing to do is to check the law. What does … 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 →