The attorneys at The Mottley Law Firm, Kevin Mottley and Ben Kyber, are Richmond, Virginia based trial lawyers committed to fighting for their client's rights in the areas of business litigation, will contests, trust and estate disputes, appellate litigation, and in personal injury cases, including brain injury cases. In this blog, Kevin and Ben provide their takes on legal developments in these areas of the law, as well as some other topics of interest to them.
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Get Proper Diagnosis, Treatment, and Compensation for a Concussion Caused by an AccidentIf you were diagnosed with a concussion after an accident, you should be aware that this is a type of traumatic brain injury that should be taken seriously.
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Liability for Accidents Caused by Medically Unfit Truck DriversTruck drivers must pass medical exams to prove they are fit to drive. If the trucker who caused your crash was medically unfit, he should be held liable.
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Distracted Truck Drivers Are a Common Cause of AccidentsDistracted driving is a contributing factor in many commercial truck crashes. We take a look at causes of truck driver distraction and why it is so dangerous.
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When Whiplash Becomes a Serious and Debilitating InjuryOur Richmond, Virginia, personal injury team explains what factors may complicate a whiplash injury, leading to chronic pain and requiring extensive treatment.
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Don't Leave Necessary Parties Behind in the Trial CourtIn at least three published opinions, the Supreme Court of Virginia has held that an appeal must be dismissed if it does not include all necessary parties.
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Avoiding No-Contest Clauses in Wills and TrustsIn Hunter v. Hunter, the Supreme Court of Virginia endorsed a two-step method for avoiding harsh consequences of "no-contest" clauses in wills and trusts.
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Lack of Adequate Record Dooms SCOVA Gun Rights AppealGun rights advocates appealed Richmond judge's refusal to enjoin Governor Northam's Capitol Square rally gun ban. Lack of an adequate record doomed the appeal.
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Mid-Appeal Changes to Assignments of Error "Perplex" SCOVAThe Supreme Court of Virginia has repeatedly held that it is improper to change the wording of an assignment of error mid-appeal. Yet it continues to happen.
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You Can't Assign Error To A Ruling The Lower Court Didn't MakeCrafting an assignment of error in the Supreme Court of Virginia is tricky. Among other things, you must accurately describe the lower court's ruling.
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Make Sure You Notice Your Appeal From The Right OrderA 1967 Supreme Court of Virginia decision held that an appeal must be dismissed where the notice of appeal cited the wrong order. It is still good law.
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Don't Reply All: SCOVA Limits Replies Supporting Appellate MotionsSoon, an amendment to Rule 5:4 of the Rules of the Supreme Court of Virginia will prohibit reply briefs supporting appellate motions without leave of court.
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Great, I Just Agreed To Release Jumpology From Hurting My KidHave you ever wondered whether a form you sign "waiving" or "releasing" someone from liability for injuring your child is enforceable? I answer it here.
