The Library

Article originally published by Valley Business Front in Issue 193, October 2024: Valley Business FRONT, Issue 193, October 2024. In the 35 years that I have represented Virginia businesses and executives in workplace matters and litigation, I have lost count as to the number of times I have heard someone say words to the effect that non-compete agreements are “unlawful” in Virginia. (Spoiler alert: they can be lawful.) This article provides answers, and an update. As a General Statement, Non-Compete Agreements may be Valid in Virginia if Narrowly Tailored to Prevent Direct Competition. It is true that restraints against competition […]

Accidents caused by tractor trailer drivers and others involved in the transportation of goods on interstate highways is a growing concern. Despite the advancement of technology, such as Collision Avoidance Systems, onboard inward and forward-facing video cameras, and electronic driver records of duty status, crashes continue to occur at an alarming rate. Impact of a Tractor Trailer Collision The National Highway Traffic Safety Administration (NHTSA) has reported a growing number of deadly truck crashes. In fact, in 2021, there was a 13% increase in the number of deaths caused by tractor trailer crashes. In 2021 alone, there were over 5,600 […]

You’ve been injured in a Virginia car or truck crash. Let’s say the at-fault driver has the minimum auto insurance coverage under Virginia law, which is currently $30,000 and is set to increase to $50,000 on January 1, 2025.[1] But you have over $110,000 in medical bills. What do you do? Does Virginia law allow you to sue your own car insurance company? On these facts alone, you cannot sue your own car insurance company. However, under Virginia law, there are two ways you can recover compensation from your own car insurance company: (1) through your auto policy’s uninsured (UM) […]

Article co-written by Jared Tuck and Paralegal Kelly Hickey You have been injured in a Virginia car or truck accident. You are probably in pain from your injuries and trying to manage your medical appointments. In addition to your injuries and treatment, you are likely facing increased financial pressure due to medical bills, lost wages, etc. You may be worried about the future. A friend or family member has told you that you should consult a Virginia car and truck accident attorney. So you call an attorney and set up an appointment to meet with him or her. But what’s […]

Virginia’s interstates are hotspots for motor vehicle and tractor-trailer collisions. Far too often, these crashes result in catastrophic injury or wrongful death. Presumably, this can be blamed on the speed, congestion, and large number of commercial motor vehicles associated with interstates. Many of our personal injury cases arise out of motor vehicle or tractor-trailer crashes on Virginia’s interstates. As shown below, there are many Interstates in Virginia: I-64, I-66, I-77, I-81, I-85, I-95, I-195, I-264, I-295, I-381, I-395, I-464, I-495, I-564, I-581, and I-664. [1] Interstate 81 The largest portion of our firm’s interstate cases come from Interstate 81. This […]

On Tuesday, August 20, 2024, U.S. District Court Judge Ada E. Brown ruled that the FTC’s Final Rule banning non-compete agreements (the “Rule”), which was set to take effect on September 4, 2024, was “promulgated . . . in excess of [the FTC’s] statutory authority.”  Ryan LLC, v. Federal Trade Commission, 3:24-cv-00986-E (N.D. Tex. 2024). As a result, the Court held that, consistent with Administrative Procedure Act (“APA”) § 706(2)(A)-(C), the Rule would be “set aside.” Critically, the Court concluded, based on “a couple of recent cases,” that “setting aside agency action under § 706 has ‘nationwide effect,’ is ‘not […]

Article co-written by Jared Tuck and Summer Associate Peyton Edwards I. The Dangers of Motorcycle Accidents Motorcycle crashes rarely have a mild impact. This is especially true in motorcycle collisions that involve tractor-trailers. The average motorcycle weighs between 300 and 500 pounds. Meanwhile, federal regulations generally allow a tractor-trailer to weigh up to 80,000 pounds. That is 160 times heavier than a motorcycle. While motorcycle accidents only make up 1.7 percent of all crashes in Virginia, they are responsible for 13.8 percent of all fatalities. Crashes involving passenger vehicles make up 96.8 percent of all crashes, yet only account for […]

Article co-written by Jared Tuck and Summer Associate Emily Brooks Whether spending time at Smith Mountain Lake, Claytor Lake, South Holston Lake, Lake Anna, Buggs Island Lake, Lake Gaston, or another one of Virginia’s waterways, summer is the perfect time to enjoy a day on the lake with family and friends. While enjoying time on the water can be fun and relaxing, the increased number of boats on the water during the summer means a greater chance that you or a family member could be injured in a boating accident. In 2023, 3,844 boating incidents were reported, with 564 recorded […]

Article co-written by Ryan Starks, David Paxton, and Summer Associate Haley Leipzig On April 23, 2024, the Federal Trade Commission (“FTC”) issued a Final Rule (the “Rule”) that will enact a “comprehensive ban on non-competes with all workers” as of September 4, 2024.[1]  The Rule aims to prohibit employers from using or enforcing non-compete agreements with employees or independent contractors when their employment ends, in order to address what the FTC deems “unfair methods of restricting competition.”[2]  The full text of the Rule can be accessed here.[3]. If the FTC rule becomes effective, it will supersede and supplant Virginia law […]