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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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.
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Sweet Briar College's Ban on a Student Led T-Shirt Sale Reveals the School's Misunderstanding of its Duties as a Trustee of a Virginia TrustBy banning a t-shirt campaign being done by a business class of Sweet Briar College students, the College reveals its misunderstanding of trustee duties.
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Punitive Damages May Be Available To Family In Wrongful Death CaseIt is possible that CER Trucking, LLC, whose truck collided with a car driven by Karen Whitaker causing her death, could be liable in punitive damages
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My Talk With My Son About The Dangers of LongboardingKevin Mottley discusses the heightened risk of a traumatic brain injury from longboarding and the importance of wearing a helmet.
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Longboarders, Wear Those Helmets!Study from Brigham Young University finds greater risk of head trauma for longboarders
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We Can Help You Understand How Minors and Fiduciaries Should Be Named In Virginia LawsuitsVirginia brain injury lawyer explains how minors, executors, trustees, guardians, & other fiduciaries should be named in lawsuits. We are your guide to VA laws.
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Should Freaked Out Range Rover Driver be Held Liable in Damages?Driver of Range Rover who speeds away to flee stunt motorcyclists in a road rage incident runs over another motorcyclist, leaving him paralyzed.
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Richmond Hospitals Put On Notice that ICU Stays May Cause Brain InjuryStudy by researchers at Vanderbilt University concludes that drug-induced coma causes brain injury in 1 in 3 patients who stayed in its hospital's ICU.