Proof of damages is an essential element to any claim for breach of contract. The plaintiff has the “burden of proving with reasonable certainty the amount of damages and the cause from which they resulted.” (See Sunrise Continuing Care, LLC
Truthful statements are generally not actionable as defamation. A substantially true statement that is factually accurate in all material respects and that does not imply any undisclosed defamatory message is not something upon which a defamation lawsuit may be brought.
A common mistake many lawyers make is to assume that deadlines can be missed without consequence. Judges want to hear cases on the merits, the thinking goes, so as long as you file a motion after the missed deadline and
Few workplace experiences are more demoralizing than being unfairly blamed by a superior for a mistake that was not one’s own, particularly when the error in fact originated with the supervisor. The injustice becomes especially acute when the supervisor or
When parties invest time, money, and effort into a contract they believe to be enforceable, only to later discover it fails for indefiniteness or some other fatal defect, the legal and financial consequences can be severe. But under Virginia law,
Among the types of statements protected from defamation claims by an absolute privilege are statements made in connection with the proceedings of bodies creating legislation. Earlier today, the Supreme Court of Virginia issued an opinion in Brooks-Buck v. Wahlstrom in
Contracts require both mutuality of assent and consideration to be enforceable. Legally sufficient consideration consists of bargained-for promises and obligations. If the consideration for the promise of one party is the promise of the other party, “there must be absolute
When an individual is publicly accused of misconduct, reporting on the existence of such allegations—without more—does not necessarily give rise to a claim for defamation. This principle is not just a matter of common sense; it is a well-established
In civil litigation, there is a time limit for taking legal action, as determined by the statute of limitations applicable to the claim. To determine whether the deadline has passed, it becomes necessary to identify the date from which the
In Virginia, restrictive covenants—particularly non-compete and non-solicitation clauses—are enforceable only if narrowly tailored to protect a legitimate business interest without unduly burdening an individual’s ability to earn a livelihood. Courts apply a three-part test: the restraint must (1) be
