May 04, 2020 · Virginia’s new law gives you a private right of action. This means you have the right to sue your employer on your own. You don’t have to depend on the Commissioner to act on your behalf. Beginning on July 1, 2020, you can go directly to court and file a lawsuit against your employer for unpaid wages under Virginia law.
Also as part of the agreements, AEP will make a $75,000 contribution to the W.Va. Land Trust, pay $7,500 in civil penalties, and reimburse the groups’ attorney fees. AEP has spent $2.2 billion on environmental improvements at its West Virginia plants in the last decade, primarily for scrubbers to remove sulfur dioxide and related improvements
Keep reading to learn more about how to sue state or local government in Virginia. Then contact Virginia personal injury lawyer Corey Pollard for a free consultation. He helps accident victims across the state recover damages for their injuries: 804-251-1620 or 757-810-5614.
7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2021-10-20_10-59-58. An easement is a non-possessory right of use over the land of another. An easement holder has the right to use the landowner's property for a designated purpose and is prohibited from changing or expanding his use of the easement without the consent of the landowner.
Virginia Code Section 15.2-209 provides the notice requirements for tort claims against counties, cities, and towns in Virginia. It is similar to the statute governing personal injury claims against the Commonwealth of Virginia, except a claimant has only six months to give notice. The statute says:
If you have a claim against the Department of Transportation then you must give notice of the claim to the Commissioner of Highways.
There are time limitations that apply to the filing of a personal injury lawsuit in Virginia. These time limitations are known as statutes of limitations – and they apply to every case. Those of you with potential personal injury actions against the Commonwealth of Virginia or local government, including cities, counties, and towns, ...
The Virginia Department of Transportation (VDOT) divides the state into nine transportation districts. Each district oversees road maintenance and construction on the state-maintained roads, bridges, highways, and tunnels in its geographic area. Some cities, counties, and towns, however, maintain their own roads.
Some cities, counties, and towns, however, maintain their own roads. These include Arlington and Henrico counties. It’s important you determine who had control of the roadway where your accident took place to determine whether the claim-notice requirement applies to your case.
You need not give notice of a personal injury action to the transportation district unless you allege the transportation’s negligence caused your accident and injuries. For example, you need to give notice of the claim if you allege improper maintenance of the highway caused your injuries.
The notice of claim requirement is tolled in child injury claims. Because a child is considered “under a disability,” he or she has until their nineteenth birthday to give notice of a personal injury action against the Commonwealth of Virginia or local government. Despite this tolling provision, we recommend giving notice ...
Easements Appurtenant – An easement appurtenant benefits an adjoining parcel of land regardless of who owns that land. Therefore, if the dominant estate (the land which benefits from the easement) is sold or inherited, the easement is not terminated.
A real estate attorney will review the deeds, surveys, title search, and other relevant documents and will offer his legal opinion of the case. A real estate attorney often represents clients involved in easement disputes in settlement negotiations and at trial.
This is known as the right of apportionment. A non-exclusive easement in gross does not give the easement holder the sole privilege of using the easement. Therefore, there is no presumption that the easement holder has the right of apportionment. The easement holder must prove that at the time the easement was created, ...
Easement issues arise for a variety of reasons. Some of the most common easement disputes involve: 1 Misuse; 2 Interference; 3 Abandonment; 4 Trespass; 5 Termination; and 6 Merger.
An easement holder has the right to use the landowner's property for a designated purpose and is prohibited from changing or expanding his use of the easement without the consent of the landowner.
Easements In Gross – An easement in gross is a personal right which benefits a specific individual. Under Virginia law, an easement in gross may be either exclusive or non-exclusive. An exclusive easement in gross gives the easement holder the right to divide the easement so as to produce independent uses or operations.
Under Virginia Code Section 64.2-1614, the following are some of the parties who have a right to file suit against an agent under a power of attorney: the principal (the person granting authority under the power of attorney); a guardian, conservator, personal representative of the estate of a decreased principal , ...
The first issue is who has standing to pursue legal action against an agent under a power of attorney? Virginia has adopted a modified version of the Uniform Power of Attorney Act that spells out the categories of people who can seek judicial relief against an agent. Under Virginia Code Section 64.2-1614, the following are some of the parties who have a right to file suit against an agent under a power of attorney: 1 the principal (the person granting authority under the power of attorney); 2 a guardian, conservator, personal representative of the estate of a decreased principal, or other fiduciary acting for the principal; 3 a person authorized to make health care decisions for the principal; 4 the principal’s spouse, parent, descendant, and adult brother, sister, niece or nephew; 5 a person named as a beneficiary to receive any property on the principal’s death (including as a beneficiary of a trust created by or for the principal); 6 and the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare.
If an agent under a power of attorney is removed by the court, the successor agent named in the power of attorney will usually serve in place of the removed agent. If there is no successor named (or if the successor agents are too closely tied to the acting agent, such that a request will be made to the court to also prevent ...
a guardian, conservator, personal representative of the estate of a decreased principal, or other fiduciary acting for the principal; a person authorized to make health care decisions for the principal; the principal’s spouse, parent, descendant, and adult brother, sister, niece or nephew;
a person named as a beneficiary to receive any property on the principal’s death (including as a beneficiary of a trust created by or for the principal); and the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare. This is an expansive list of parties. Notably, the array of family members is ...
Will Sleeth serves as the editor of the Estate Conflicts blog, and is the leader of the firm’s Estate and Trust Litigation practice area team, a nationwide team composed of over a dozen attorneys focusing on disputes involving wills, trusts, guardianships, conservatorships, powers of attorney, and elder law matters. Primarily based out of the firm’s Williamsburg and Richmond offices, Will represents clients all throughout Virginia and the nation. View all posts by Will Sleeth →
Given the rise of the utilization of trusts as an estate planning device, principals will often have assets titled in a trust, so the person seeking the accounting of the agent should also issue a request for a report relating to all assets titled in the name of the trust too (assuming that the agent is also the trustee).
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...
Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...
Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.
Breach of contract. Breach of contract occurs when a lawyer violates a specific term of the lawyer’s agreement with a client. For example, if your contract says that your lawyer will create a corporation for you by a certain date, the lawyer must stick to that agreement. Breach of fiduciary duty. Lawyers owe certain fiduciary duties ...
The time limit for filing a legal malpractice case can be as short as one year.
If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.
However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.