My question involves a consumer law issue in the State of: NJ/VA

So here is the story:

We got married on March 2009, we used a photographer we met at a bridal expo. He did a decent job at the wedding but then went MIA for couple of months, he would not return our phone calls or emails. Finally his brother emails us saying that he has taken over all the communications and he will respond to our issues in couple of weeks. This was in July/August, he promised us to send the wedding DVD by mid Sept, but went incommunicado again until yesterday when he dropped a bomb on us saying that he lost the video footage of our reception.

So we have no DVD of our first dance or family speeches or anything else for the reception.

Can we sue him and what can we sue him for? We had already paid him upfront for the services.