People tell me that the local Republicans were unable to agree on a candidate to succeed Judge Williams in the 29th Circuit, and now no one knows whether the General Assembly still can act or whether Governor Kaine will get to fill the vacant judgeship on an interim basis. The Constitution says: "The General Assembly shall reconvene on the sixth Wednesday after adjournment of each regular or special session for the purpose of considering bills which may have been returned by the Governor with recommendations for their amendment and bills and items of appropriation bills which may have been returned by the Governor with his objections. No other business shall be considered at a reconvened session." Article IV, Section 6.
If Governor Kaine makes the decision, the recess appointment lasts only until next year. Nevertheless, if history is any guide, some of Governor Allen's recess appointees were reappointed way back when, including Justice Kinser, whose initial appointment fell to the governor "because of a partisan deadlock in the General Assembly," according to Virginia Lawyers Weekly of April 28, 1997.
I can imagine some of my Democrat lawyer friends in the 29th Circuit rubbing their hands together.
Wednesday, February 28, 2007
Can same sex couples cohabitate in a situation analogous to marriage?
In Stroud v. Stroud, the Court of Appeals in an opinion by Judge Haley reversed Judge Keith from Fairfax County on the issues of "(1) whether the evidence compels the conclusion that the terms of a property settlement agreement ('PSA') terminating spousal support upon 'cohabitation with any person . . . in a situation analogous to marriage' have been met, and (2) if so, whether such a clause involving a relationship among persons of the same sex is operative as a matter of law in Virginia."
The trial court ruled: "in Virginia, where marriage between persons of the same sex is barred -- 'cohabit' has to mean between people of the opposite sex . . . as a matter of law, in Virginia, people of the same sex cannot cohabit, and that's how the PSA was written."
In this article about the case, one commentator said: "The legislature certainly does not recognize same-sex relationships as anything--they don't even recognize the capacity of same-sex couples to contract. . . . So the fact that a court is saying a relationship between same-sex couples can be analogous to marriage is important."
Over at Waldo's blog, I offered this comment:
The marriage amendment, Art. I, section 15-A of the Constitution is not mentioned in the opinion, probably because the case predates the effective date of the amendment.
The double irony is that (a) the contract at issue here is a contract between a man and a woman, and (b) the person in the same-sex relationship was the one trying to use the statutory same-sex marriage ban as a shield against the enforcement of the contract. The court ruled the contract between the man and the woman is enforceable and the same-sex marriage ban is irrelevant. Probably that is a sound and unremarkable result, so much so that it is difficult to see how it would contribute to the evolution of the law toward the legal recognition of same-sex couples’ rights which Waldo has been predicting for some time.
When someone like Robyn sues claiming some kind of common law entitled to someone like Ms. Stroud’s stuff, that’s when heads will explode.
The trial court ruled: "in Virginia, where marriage between persons of the same sex is barred -- 'cohabit' has to mean between people of the opposite sex . . . as a matter of law, in Virginia, people of the same sex cannot cohabit, and that's how the PSA was written."
In this article about the case, one commentator said: "The legislature certainly does not recognize same-sex relationships as anything--they don't even recognize the capacity of same-sex couples to contract. . . . So the fact that a court is saying a relationship between same-sex couples can be analogous to marriage is important."
Over at Waldo's blog, I offered this comment:
The marriage amendment, Art. I, section 15-A of the Constitution is not mentioned in the opinion, probably because the case predates the effective date of the amendment.
The double irony is that (a) the contract at issue here is a contract between a man and a woman, and (b) the person in the same-sex relationship was the one trying to use the statutory same-sex marriage ban as a shield against the enforcement of the contract. The court ruled the contract between the man and the woman is enforceable and the same-sex marriage ban is irrelevant. Probably that is a sound and unremarkable result, so much so that it is difficult to see how it would contribute to the evolution of the law toward the legal recognition of same-sex couples’ rights which Waldo has been predicting for some time.
When someone like Robyn sues claiming some kind of common law entitled to someone like Ms. Stroud’s stuff, that’s when heads will explode.
Bunch of interesting stuff
This article from the Charlottesville paper says: "The Supreme Court of Virginia has denied an appeal to a one-time political candidate who pressed his belief that a right to campaign should spare him from his trespassing arrest at an Albemarle County shopping center." Also on candidates, the Roanoke paper editorializes that the Commonwealth should make the price of running for office lower, so anyone could run for office.
In land use matters, the County Attorney in Christiansburg is advising against a county ordinance outlawing the proposed intermodal freight facility, which might be pretty good advice. Also, the Lynchburg paper reports here that the U.S. Department of Justice is no longer investigating whether a zoning fuss over the Cowboy Church in Bedford County implicates federal religious land use protections.
Also, speaking of church controversies, the Episcopal News Service reports here that the Episcopalians are still going to litigate over their property in Virginia. As for the old chapel in Williamsburg, the Wren Cross matter might cost the College $12 million, according to this report. Maybe they can make it up with money from Philip Morris - this post says U.Va. has just "announced its acceptance of a $25 million gift from cigarette maker Philip Morris, to support biomedical research and 'business leadership.'" Also, the lawyer for the ex-priest accused of being married and being an embezzler was not actually married, according to his lawyer, as reported here in the Richmond paper.
More lawyers are jumping on the gravy train in West Virginia, as it is now being reported: "Lawsuits similar to the case against Chesapeake Energy Corp. and NiSource Inc. that resulted in a $404.3 million jury verdict have been filed against two other big West Virginia natural gas producers." I thought the earlier case was mostly about whether some funky below-market financing deals could be considered in calculating the price on which royalties, but maybe they're not as funky as I thought. Speaking of gas, it says here that the cheapest gasoline in the U.S. is in Virginia.
From who knows where, this article describes a case where the defense lawyer "has called into question the judge, the police chief and now wants to subpoena a police dog as a exhibit in the case." Similarly, in Mississippi, State Farm may have some dog cases, and they are trying to boot the federal judge who has been dealing with their proposed settlement with Katrina victims, since he himself is a Katrina victim, according to this report.
In land use matters, the County Attorney in Christiansburg is advising against a county ordinance outlawing the proposed intermodal freight facility, which might be pretty good advice. Also, the Lynchburg paper reports here that the U.S. Department of Justice is no longer investigating whether a zoning fuss over the Cowboy Church in Bedford County implicates federal religious land use protections.
Also, speaking of church controversies, the Episcopal News Service reports here that the Episcopalians are still going to litigate over their property in Virginia. As for the old chapel in Williamsburg, the Wren Cross matter might cost the College $12 million, according to this report. Maybe they can make it up with money from Philip Morris - this post says U.Va. has just "announced its acceptance of a $25 million gift from cigarette maker Philip Morris, to support biomedical research and 'business leadership.'" Also, the lawyer for the ex-priest accused of being married and being an embezzler was not actually married, according to his lawyer, as reported here in the Richmond paper.
More lawyers are jumping on the gravy train in West Virginia, as it is now being reported: "Lawsuits similar to the case against Chesapeake Energy Corp. and NiSource Inc. that resulted in a $404.3 million jury verdict have been filed against two other big West Virginia natural gas producers." I thought the earlier case was mostly about whether some funky below-market financing deals could be considered in calculating the price on which royalties, but maybe they're not as funky as I thought. Speaking of gas, it says here that the cheapest gasoline in the U.S. is in Virginia.
From who knows where, this article describes a case where the defense lawyer "has called into question the judge, the police chief and now wants to subpoena a police dog as a exhibit in the case." Similarly, in Mississippi, State Farm may have some dog cases, and they are trying to boot the federal judge who has been dealing with their proposed settlement with Katrina victims, since he himself is a Katrina victim, according to this report.
Sunday, February 25, 2007
Gender bias in the Supreme Court?
This post includes the abstract of an article which concludes that litigants with more women on their litigation team do less well before the United States Supreme Court: "Our findings suggest that litigation teams that have a higher proportion of female attorneys are less likely to win before the Court. In addition, this bias appears to be highly conditional on judicial ideology. Conservative jurists are more likely than liberal jurists to vote against litigation teams with a higher proportion of women."
I'm not sure that understand what they're saying, that the judges discriminate against the women lawyers, or that the women lawyers discriminate in the kinds of matters they bring before the the Court, or that the lawyers who litigate certain kinds of matters keep women off their teams.
I'm not sure that understand what they're saying, that the judges discriminate against the women lawyers, or that the women lawyers discriminate in the kinds of matters they bring before the the Court, or that the lawyers who litigate certain kinds of matters keep women off their teams.
More discussion on the HPV vaccine
This news story says that there have been complications associated with the new vaccine, and that the opt-out provision for parents is applies to all childhood vaccines or none - two points I had not heard.
Also, in the article, some nurse is quoting as saying that the vaccine must be safe and effective or it would never have been approved. That's only partly true. The available evidence can change over time.
This story talks about the cost of the vaccine.
This story cites polling data that 80% of mothers with teen-aged daughters support the vaccine, or something like that.
Also, in the article, some nurse is quoting as saying that the vaccine must be safe and effective or it would never have been approved. That's only partly true. The available evidence can change over time.
This story talks about the cost of the vaccine.
This story cites polling data that 80% of mothers with teen-aged daughters support the vaccine, or something like that.
The new law against expulsion of suicidal college students
The General Assembly passed a bill this year that provides, among other things: "The governing boards of each public institution of higher education shall develop and implement policies that advise students, faculty, and staff, including residence hall staff, of the proper procedures for identifying and addressing the needs of students exhibiting suicidal tendencies or behavior. The policies shall ensure that no student is penalized or expelled solely for attempting to commit suicide, or seeking mental health treatment for suicidal thoughts or behaviors."
U.Va. study says older witnesses less reliable
According to this story, "A University of Virginia study suggests that older adults are not only more inclined than younger adults to make errors in recollecting details that have been suggested to them, but are also more likely than younger people to have a very high level of confidence in their recollections, even when wrong, according to a press release. The finding has implications regarding the reliability of older persons' eyewitness testimonies in courtrooms."
Over in West Virginia, "After faulty eyewitness identifications helped send at least 146 innocent people to prison nationwide -- including three in West Virginia -- in the last decade, the Senate Judiciary Committee endorsed a proposal Thursday to increase the practice's accuracy."
Over in West Virginia, "After faulty eyewitness identifications helped send at least 146 innocent people to prison nationwide -- including three in West Virginia -- in the last decade, the Senate Judiciary Committee endorsed a proposal Thursday to increase the practice's accuracy."
What he said
In this post, Milbarge of BTQ takes on an excellent movie, The Best Years of Our Lives. I agree with Milbarge, if you've never seen this movie, make time for it.
More judges
Besides Cheryl Higgins in Albemarle, on Friday, the General Assembly approved two for general district court and one for juvenile court:
Paul W. Cella, of Powhatan, as a judge of the Eleventh Judicial District for a term of six years commencing August 1, 2007.
Sarah L. Deneke, of Stafford, as a judge of the Fifteenth Judicial District for a term of six years commencing April 1, 2007.
Phillip U. Fines, of Spotsylvania, as a judge of the Fifteenth Judicial District for a term of six years commencing July 1, 2007.
In this article, the Fredericksburg paper notes that Deneke and Fines are both prosecutors.
This story says a Republican delegate is refusing to act on a judicial position where his sister is a candidate for the job, with the result that the circuit court judges will have to pick some one.
Paul W. Cella, of Powhatan, as a judge of the Eleventh Judicial District for a term of six years commencing August 1, 2007.
Sarah L. Deneke, of Stafford, as a judge of the Fifteenth Judicial District for a term of six years commencing April 1, 2007.
Phillip U. Fines, of Spotsylvania, as a judge of the Fifteenth Judicial District for a term of six years commencing July 1, 2007.
In this article, the Fredericksburg paper notes that Deneke and Fines are both prosecutors.
This story says a Republican delegate is refusing to act on a judicial position where his sister is a candidate for the job, with the result that the circuit court judges will have to pick some one.
Friday, February 23, 2007
On punitive damages and statute of limitations
Initial questions in so many cases are whether the complaint was or can be timely filed and whether there can be a claim for punitive damages.
In Wallace v. Cato, the Supreme Court held that an inmate's claim for false arrest accrued at the time of his arrest, and not when the charges were dropped and he was released, notwithstanding the rule from Heck v. Humphrey, that you cannot sue related to an unlawful conviction or imprisonment until your conviction is overturned or dismissed.
In Philip Morris USA v. Williams, the Supreme Court in a split decision rejected the punitive damages award where it was based in part on acts toward other people besides those involved in the case.
Both of these opinions sort of sound right, and sort of sound wrong. The limitations case could mean the limitations period expires before the statute accrues. The punitive damages ruling means that only part of what makes bad conduct bad can be considered in assessing punitive damages. Those aspects seem kind of unusual.
In Wallace v. Cato, the Supreme Court held that an inmate's claim for false arrest accrued at the time of his arrest, and not when the charges were dropped and he was released, notwithstanding the rule from Heck v. Humphrey, that you cannot sue related to an unlawful conviction or imprisonment until your conviction is overturned or dismissed.
In Philip Morris USA v. Williams, the Supreme Court in a split decision rejected the punitive damages award where it was based in part on acts toward other people besides those involved in the case.
Both of these opinions sort of sound right, and sort of sound wrong. The limitations case could mean the limitations period expires before the statute accrues. The punitive damages ruling means that only part of what makes bad conduct bad can be considered in assessing punitive damages. Those aspects seem kind of unusual.
Thursday, February 22, 2007
Judge selection stories
The Lynchburg paper reports here: "The General Assembly today appointed F. Patrick Yeatts, a 37-year-old Lynchburg attorney, to serve as judge in Campbell County's General District Court." UPDATE: They also have this profile on Judge-to-be Yeatts.
The Charlottesville paper reports here: "Republican legislators have selected Cheryl V. Higgins to replace the retired Albemarle Circuit Judge Paul M. Peatross."
The Norfolk paper reports here: "Embattled Portsmouth Circuit Court Judge Dean W. Sword Jr. held on to his job Wednesday afternoon as the House of Delegates, after an emotional 45-minute debate, voted 54-39 to reject a motion to remove him from the bench." The same story notes: "Norfolk prosecutor Karen J. Burrell was named to the Circuit Court, and Lauri D. Hogge was named to the juvenile and domestic relations court."
The Fredericksburg paper reports here: "David H. Beck, currently a Juvenile and Domestic Relations Court judge, and Gordon F. Willis, currently a General District Court judge, were both elected to the 15th Judicial Circuit Court for eight-year terms."
The Charlottesville paper reports here: "Republican legislators have selected Cheryl V. Higgins to replace the retired Albemarle Circuit Judge Paul M. Peatross."
The Norfolk paper reports here: "Embattled Portsmouth Circuit Court Judge Dean W. Sword Jr. held on to his job Wednesday afternoon as the House of Delegates, after an emotional 45-minute debate, voted 54-39 to reject a motion to remove him from the bench." The same story notes: "Norfolk prosecutor Karen J. Burrell was named to the Circuit Court, and Lauri D. Hogge was named to the juvenile and domestic relations court."
The Fredericksburg paper reports here: "David H. Beck, currently a Juvenile and Domestic Relations Court judge, and Gordon F. Willis, currently a General District Court judge, were both elected to the 15th Judicial Circuit Court for eight-year terms."
On the new mandatory HPV law
This article says: "Virginia law guaranteeing parents' medical rights routed by mandatory HPV vaccination."
Why I park at the Corner to get to Scott Stadium
Here is a collection of responses to the question, what is your favorite spot on the Grounds of the University of Virginia. And, I think agree about all of answers.
If I had to pick a spot, I'd say the Pavilion gardens, nothing but good ever happened on those few occasions when I was inside the serpentine walls, right up to and including the diploma ceremony for Philosophy majors on Graduation Day.
If I had to pick a spot, I'd say the Pavilion gardens, nothing but good ever happened on those few occasions when I was inside the serpentine walls, right up to and including the diploma ceremony for Philosophy majors on Graduation Day.
Wednesday, February 21, 2007
Barnie Day on Barnie Day
Read this.
A good man, Barnie Day is.
(I got there via this post from Alton, who was the first to solve the Code in Notes from the Sausage Factory.)
A good man, Barnie Day is.
(I got there via this post from Alton, who was the first to solve the Code in Notes from the Sausage Factory.)
Today's stuff
The Daily Press writes here of the life and times of Newport News lawyer Herbert Kelly.
The Norfolk paper writes here of the former mayor of Suffolk facing disciplinary charges from the Virginia State Bar.
The Lynchburg paper reports here and the Charlottesville paper reports here on candidates for local judgeships. The Daily Progress describes a split between the delegates and the senators. As the Peninsula Law Blog has noted, today is the day when the judges get picked.
The House Appropriations Committee shot down the Senate bills approving additional judgeships for places including Southwest Virginia. Oh well.
In this story from Richmond.com, Del. Kilgore explains that a raise in the minimum wage could be bad for border counties in Southwest Virginia if Tennessee does not similarly change its law.
In this opinion piece, someone from the Community Environmental Legal Defense Fund declares that the Dillon Rule is folly. Another folly may be the efforts of the Community Environmental Legal Defense Fund to craft county ordinances in an effort to circumvent, trump, bypass, or overrule Virginia's state laws on biosolids. Their big idea about the non-rights of corporations - a topic on which Professor Bainbridge has some history in this post, including the comments. (Bainbridge is an old Bedford or Amherst County man himself, I believe - maybe he needs to weigh in on these issues more directly.)
The Washington Times wonders here why William & Mary President Nichols allowed a sex worker art exhibit, since that would probably make more people uncomfortable than the display of a cross in a chapel.
The Fredericksburg paper has this update on the McMissile mom, still behind bars, now because of an out-of-state warrant.
The Instapundit says we need to be killing more people, radical mullahs and such, and cites among other things a 1998 proposal from Virginia's own Senator Robb to have Saddam Hussein assassinated.
Here the Roanoke paper profiles "Southwest Virginia's first billionaire."
The Norfolk paper writes here of the former mayor of Suffolk facing disciplinary charges from the Virginia State Bar.
The Lynchburg paper reports here and the Charlottesville paper reports here on candidates for local judgeships. The Daily Progress describes a split between the delegates and the senators. As the Peninsula Law Blog has noted, today is the day when the judges get picked.
The House Appropriations Committee shot down the Senate bills approving additional judgeships for places including Southwest Virginia. Oh well.
In this story from Richmond.com, Del. Kilgore explains that a raise in the minimum wage could be bad for border counties in Southwest Virginia if Tennessee does not similarly change its law.
In this opinion piece, someone from the Community Environmental Legal Defense Fund declares that the Dillon Rule is folly. Another folly may be the efforts of the Community Environmental Legal Defense Fund to craft county ordinances in an effort to circumvent, trump, bypass, or overrule Virginia's state laws on biosolids. Their big idea about the non-rights of corporations - a topic on which Professor Bainbridge has some history in this post, including the comments. (Bainbridge is an old Bedford or Amherst County man himself, I believe - maybe he needs to weigh in on these issues more directly.)
The Washington Times wonders here why William & Mary President Nichols allowed a sex worker art exhibit, since that would probably make more people uncomfortable than the display of a cross in a chapel.
The Fredericksburg paper has this update on the McMissile mom, still behind bars, now because of an out-of-state warrant.
The Instapundit says we need to be killing more people, radical mullahs and such, and cites among other things a 1998 proposal from Virginia's own Senator Robb to have Saddam Hussein assassinated.
Here the Roanoke paper profiles "Southwest Virginia's first billionaire."
Tuesday, February 20, 2007
Not the 99 percent solution
Via Overlawyered, this post includes YouTube videos of advertisement from two Virginia law offices, in connection with a discussion of ethics in advertising.
Alternative view of alternative fuels
This slashing post rebuts the recent WSJ section on alternative energy, and makes it sound like those in the alternative fuel business are at heart nothing but a bunch of looters, in the sense used by Ayn Rand.
Sunday monkey vont tres bien ensemble
Monday, February 19, 2007
Something else to do in Wise County
I need to track down Ken Lammers, and congratulate him on his win in the Court of Appeals, in the case of Lightfoot v. Com, decided January 30.
Having seen it from the other side, I guess he is prepared now to prevent any Batson challenges from fouling up the Commonwealth's cases there in Wise County.
Having seen it from the other side, I guess he is prepared now to prevent any Batson challenges from fouling up the Commonwealth's cases there in Wise County.
More interesting stuff
The Roanoke paper published this remembrance of Roanoke lawyer F. Rodney Fitzpatrick. Somehow, I don't think it is a coincidence that so many obituaries of lawyers say that they were Southern gentlemen; many of them were and are.
Peggy Quince, the first African-American justice of the Florida Supreme Court, was born in Norfolk.
The Norfolk paper has another story on Jens Soering, who has now spend more than half his life in prison at age 40 and there he has written four books. The article says Elizabeth Haysom will qualify for mandatory release in 2032, when she is 68.
The West Virginia Gazette has another report on the big natural gas royalty class action case in West Virginia. Some say it is further evidence that West Virginia is an anti-business jurisdiction, but others say this is a big business v. big business case (and it is, to a degree).
The AP reports here and the Roanoke paper reports here that the Virginia Supreme Court is taking an appeal of the Highland County wind farm decision by the State Corporation Commission to grant the permit. Also, this press release describes a so-far unpublished ruling by the Virginia Supreme Court reversing an injunction order from Tazewell County. (Unpublished is a dirty word.) This story from the Hook says the parents in that beer case are appealing to the United States Supreme Court the decision by the Virginia Supreme Court to affirm their convictions for serving alcohol to minors.
This somewhat lame article describes an interesting lawsuit now pending in the W.D. Va. under the Federal Housing Act. The landowner having lost his zoning case has filed suit claiming that the County has a policy of exclusionary zoning, which is to oppose zoning requests without provision for adequate public facilities. One point the article makes is that the Western District is, well, not the Eastern District. The lame part is where the reporter declares, "Virginia's Circuit Court is the Fourth District."
It says here that a Virginia woman has been charged with maliciously throwing a missile into a vehicle, which missile was a cup of ice.
Here the Roanoke paper cites the Caro verdict as evidence that the death penalty in America is erratic. The jury recommended death after convicting Caro of murdering another inmate at the federal prison in Lee County. U.S. Attorney John Brownlee is quoted, saying in effect that looking for consistency is unreasonable when jurors only act on one case at a time. This article from the Hook describes a Charlottesville murder case where the jury decided on life without parole.
This post says a district court in Texas relied on the Fourth Circuit opinion applying Section 230 of the Communications Decency Act in Zeran v. AOL in dismissing a claim against MySpace for negligence and gross negligence where a 14 year-old was assaulted by someone who got information about her from MySpace.
Peggy Quince, the first African-American justice of the Florida Supreme Court, was born in Norfolk.
The Norfolk paper has another story on Jens Soering, who has now spend more than half his life in prison at age 40 and there he has written four books. The article says Elizabeth Haysom will qualify for mandatory release in 2032, when she is 68.
The West Virginia Gazette has another report on the big natural gas royalty class action case in West Virginia. Some say it is further evidence that West Virginia is an anti-business jurisdiction, but others say this is a big business v. big business case (and it is, to a degree).
The AP reports here and the Roanoke paper reports here that the Virginia Supreme Court is taking an appeal of the Highland County wind farm decision by the State Corporation Commission to grant the permit. Also, this press release describes a so-far unpublished ruling by the Virginia Supreme Court reversing an injunction order from Tazewell County. (Unpublished is a dirty word.) This story from the Hook says the parents in that beer case are appealing to the United States Supreme Court the decision by the Virginia Supreme Court to affirm their convictions for serving alcohol to minors.
This somewhat lame article describes an interesting lawsuit now pending in the W.D. Va. under the Federal Housing Act. The landowner having lost his zoning case has filed suit claiming that the County has a policy of exclusionary zoning, which is to oppose zoning requests without provision for adequate public facilities. One point the article makes is that the Western District is, well, not the Eastern District. The lame part is where the reporter declares, "Virginia's Circuit Court is the Fourth District."
It says here that a Virginia woman has been charged with maliciously throwing a missile into a vehicle, which missile was a cup of ice.
Here the Roanoke paper cites the Caro verdict as evidence that the death penalty in America is erratic. The jury recommended death after convicting Caro of murdering another inmate at the federal prison in Lee County. U.S. Attorney John Brownlee is quoted, saying in effect that looking for consistency is unreasonable when jurors only act on one case at a time. This article from the Hook describes a Charlottesville murder case where the jury decided on life without parole.
This post says a district court in Texas relied on the Fourth Circuit opinion applying Section 230 of the Communications Decency Act in Zeran v. AOL in dismissing a claim against MySpace for negligence and gross negligence where a 14 year-old was assaulted by someone who got information about her from MySpace.
Lynchburg paper asks whether Virginia judgeships are for sale
The Lynchburg paper editorializes here against the nefarious influence of campaign contributions on the selection of local state court judges in Virginia.
As it turns out, the main example they gave was a poor one, as that fellow whose father made some contributions didn't get the nod.
So, when the families of lawyers are asked for campaign contributions, they can say to their legislators that the Lynchburg paper told them to save their money, besides which there is no guarantee of any return on their investment.
Or, they might say that their right to freedom of expression is the same as anyone's and they will not be censored in their expression by the likes of the Lynchburg paper.
As it turns out, the main example they gave was a poor one, as that fellow whose father made some contributions didn't get the nod.
So, when the families of lawyers are asked for campaign contributions, they can say to their legislators that the Lynchburg paper told them to save their money, besides which there is no guarantee of any return on their investment.
Or, they might say that their right to freedom of expression is the same as anyone's and they will not be censored in their expression by the likes of the Lynchburg paper.
Changing the rules for lawyer-legislators working with lobbyists in Virginia?
Michael Shear of the Washington Post reported here:
"The organization charged with regulating Virginia attorneys is pushing to erase an ethics rule that for a half-century has prohibited the state's legislators from being employed alongside lobbyists at the commonwealth's largest law firms."
Shear explains:
"Pressure to eliminate the rule in Virginia was sparked in part by Sen. R. Creigh Deeds (D-Bath), who recently joined the law firm of Hirschler Fleischer P.C., a Richmond-based firm with a small lobbying presence. Without the proposed change, Deeds would be violating state ethics rules.
Deeds, who describes himself as a small-town rural lawyer, said his losing bid for attorney general in 2005 made it nearly impossible to keep his small practice alive. His plans to run for governor in 2009 will require a more stable income, he said. But he said there will be a firewall between himself and the firm's lobbyists."
That's lame. We all know that the Virginia politicians of statewide aspirations are supposed to get elected first and then cash in by affiliating themselves big Richmond firms (or D.C. firms, if the Richmonders won't have them) only after they've been voted out or term-limited out of office, not before.
UPDATE: The Roanoke paper weighs in with this Saturday editorial, that concludes the rules should be broader to bar any legislator from working together with lobbyists.
"The organization charged with regulating Virginia attorneys is pushing to erase an ethics rule that for a half-century has prohibited the state's legislators from being employed alongside lobbyists at the commonwealth's largest law firms."
Shear explains:
"Pressure to eliminate the rule in Virginia was sparked in part by Sen. R. Creigh Deeds (D-Bath), who recently joined the law firm of Hirschler Fleischer P.C., a Richmond-based firm with a small lobbying presence. Without the proposed change, Deeds would be violating state ethics rules.
Deeds, who describes himself as a small-town rural lawyer, said his losing bid for attorney general in 2005 made it nearly impossible to keep his small practice alive. His plans to run for governor in 2009 will require a more stable income, he said. But he said there will be a firewall between himself and the firm's lobbyists."
That's lame. We all know that the Virginia politicians of statewide aspirations are supposed to get elected first and then cash in by affiliating themselves big Richmond firms (or D.C. firms, if the Richmonders won't have them) only after they've been voted out or term-limited out of office, not before.
UPDATE: The Roanoke paper weighs in with this Saturday editorial, that concludes the rules should be broader to bar any legislator from working together with lobbyists.
Friday, February 16, 2007
Kelsey (unofficially) on Evidence
This article by Judge Kelsey of the Virginia Court of Appeals and published in American Judicature describes his view (as a matter of academic interest) on the answer in Virginia evidence law to the question posed by the Daubert standard for admissibility of expert testimony, and that is, who gets to decide what is reliable science.
And, the answer is, the evidence usually goes to the jury to decide disputed questions of reliability, so long as the trial judge can agree as a threshold matter that "a reasonable juror could find the expert opinion reliable and decide the case in reliance upon it."
As I wrote here, at last year's Winter Meeting of the VBA, there was a session on Daubert and Virginia law, and "Judge Kelsey's introduction was so excellent I wish he would write it down and publish it." Now he has.
And, the answer is, the evidence usually goes to the jury to decide disputed questions of reliability, so long as the trial judge can agree as a threshold matter that "a reasonable juror could find the expert opinion reliable and decide the case in reliance upon it."
As I wrote here, at last year's Winter Meeting of the VBA, there was a session on Daubert and Virginia law, and "Judge Kelsey's introduction was so excellent I wish he would write it down and publish it." Now he has.
Bogus claims against Wise County judge, clerk of court, and special prosecutors dismissed
In Stanley v. Gray, Chief Judge Jones granted the motions to dismiss of Wise County (based on Monell), Judge Stump (based on judicial immunity), special prosecutors Greg Kallen and Gerald Gray (based on prosecutorial immunity), and Jack Kennedy (based on quasi-judicial immunity). The judge also dismissed the non-state actors (based on their not being state actors).
I used to follow David Stanley's case in articles like this one and this one in the Coalfield Progress.
I used to follow David Stanley's case in articles like this one and this one in the Coalfield Progress.
New judgeships dead for '07?
Thursday, February 15, 2007
Judge Greer on jury duty
In the case In re Heritage Propane, Judge Greer of the E.D. Tenn. at Greeneville explains the importance of jury duty to the American way of life.
He says in part:
Described as "the very palladium of free government" in The Federalist Papers, the right to a jury trial is a fundamental part of the American judicial system. All thirteen of the original American colonies adopted guarantees of trial by jury. By the time of the American Revolution, the abridgment of the right to jury trial was among the most grievous complaints of the colonists against George III. The 1787 convention wrote jury trial guarantees into the Constitution (Article III) and the 1791 Bill of Rights repeated the guarantee for criminal cases (the Sixth Amendment) and added one for civil trials (the Seventh Amendment). Free election and trial by jury, wrote John Adams, were the people's only security "against being ridden like horses, and fenced like sheep, and worked like cattle, and fed and clothed like hogs and hounds." Thomas Jefferson wrote in a letter in 1789, while serving as Ambassador to France: "Were I called upon to decide whether the people had best be omitted in the legislative or judiciary department, I would say it is better to leave out the legislative."
He says in part:
Described as "the very palladium of free government" in The Federalist Papers, the right to a jury trial is a fundamental part of the American judicial system. All thirteen of the original American colonies adopted guarantees of trial by jury. By the time of the American Revolution, the abridgment of the right to jury trial was among the most grievous complaints of the colonists against George III. The 1787 convention wrote jury trial guarantees into the Constitution (Article III) and the 1791 Bill of Rights repeated the guarantee for criminal cases (the Sixth Amendment) and added one for civil trials (the Seventh Amendment). Free election and trial by jury, wrote John Adams, were the people's only security "against being ridden like horses, and fenced like sheep, and worked like cattle, and fed and clothed like hogs and hounds." Thomas Jefferson wrote in a letter in 1789, while serving as Ambassador to France: "Were I called upon to decide whether the people had best be omitted in the legislative or judiciary department, I would say it is better to leave out the legislative."
Wednesday, February 14, 2007
Interesting stuff
In Missouri, it says here, "[t]he Missouri Miner, the student newspaper of the University of Missouri - Rolla (UMR), is pursuing legal action against UMR for first amendment violations due to censorship and cutting one-third of the newspaper's annual budget." We know you can't do that, because of the Rosenberger v. University of Virginia case.
To heck with Orville Redenbacher, the future of corn and grain is in alterative fuels, or so this story about the Virginia Corn Growers Association and the Virginia Small Grains Association suggests.
You never know when Roe might go, and so this article describes HB 2124, proposed by Delegate Bob Marshall, which provides "that if and when Roe v. Wade is overturned by the U.S. Supreme Court, the Virginia law of June 30, 1970 would be reinstated, essentially criminalizing abortion." HB 2124 never got anywhere this year, but it involves the interesting strategy of voting now on what may never happen, a Supreme Court decision overturning Roe v. Wade.
Don't eat your cellmate's breakfast, is one lesson to be learned from this account of the capital murder case tried in Abingdon that resulted in the jury's recommendation of the death sentence, where an inmate at the federal penitentiary outside of Jonesville was charged with the murder of another inmate.
In Norfolk, after all the fuss, Senator Rerras has declared his choices are two women, one of them a Democrat, according to this article from the Norfolk paper, which suggests that either the Norfolk paper's coverage skewed the results or the coverage itself was skewed in the first place.
To heck with Orville Redenbacher, the future of corn and grain is in alterative fuels, or so this story about the Virginia Corn Growers Association and the Virginia Small Grains Association suggests.
You never know when Roe might go, and so this article describes HB 2124, proposed by Delegate Bob Marshall, which provides "that if and when Roe v. Wade is overturned by the U.S. Supreme Court, the Virginia law of June 30, 1970 would be reinstated, essentially criminalizing abortion." HB 2124 never got anywhere this year, but it involves the interesting strategy of voting now on what may never happen, a Supreme Court decision overturning Roe v. Wade.
Don't eat your cellmate's breakfast, is one lesson to be learned from this account of the capital murder case tried in Abingdon that resulted in the jury's recommendation of the death sentence, where an inmate at the federal penitentiary outside of Jonesville was charged with the murder of another inmate.
In Norfolk, after all the fuss, Senator Rerras has declared his choices are two women, one of them a Democrat, according to this article from the Norfolk paper, which suggests that either the Norfolk paper's coverage skewed the results or the coverage itself was skewed in the first place.
What the Fourth Circuit ate for breakfast
I can't say that I'm following the copyright issues, but I was much amused by the beginning of this post about the Fourth Circuit's decision in Christopher Phelps and Associates, LLC v. Galloway, by the panel of Judges Niemeyer, Motz, and Traxler. The beginning of the post includes a link to a speech from Judge Kozinski, titled "What I Ate for Breakfast and other Mysteries of Judicial Decision Making."
Tuesday, February 13, 2007
Interesting tale of an ex-blogger
Monday, February 12, 2007
Terry Kilgore charged once again with associating with Southwest Virginia's finest
Jeff Schapiro tries to slime just about everybody in his latest column, about how Del. Kilgore proposed a bill that Frank Kilgore wanted so he and his wife, Circuit Court Judge Chafin, could have a home on property across the river in Wise County.
I don't understand Schapiro's purpose in exposing the connection between Del. Kilgore and civic-minded people like Frank Kilgore and Chad Dotson. Southwest Virginia needs more people involved in public affairs, not less, and you can disagree with what political activists do or the candidates they support without missing the point that they are trying to make a difference when most people stay on the sidelines.
Now, as to the bill itself, I didn't like it and it deserved its fate, but this story doesn't make Terry Kilgore a tool of the special interests. Before now, I never heard of Frank Kilgore pursuing legislation for himself. I picture him traveling to Richmond with a mother elk in the back of the truck ready to testify on the need to reform the Commonwealth's hunting laws, or pitching the pharmacy school to me (as if I had anything to do with it).
Mr. Schapiro can cry "politics" but sometimes, like Professor Sabato said, politics is a good thing.
I don't understand Schapiro's purpose in exposing the connection between Del. Kilgore and civic-minded people like Frank Kilgore and Chad Dotson. Southwest Virginia needs more people involved in public affairs, not less, and you can disagree with what political activists do or the candidates they support without missing the point that they are trying to make a difference when most people stay on the sidelines.
Now, as to the bill itself, I didn't like it and it deserved its fate, but this story doesn't make Terry Kilgore a tool of the special interests. Before now, I never heard of Frank Kilgore pursuing legislation for himself. I picture him traveling to Richmond with a mother elk in the back of the truck ready to testify on the need to reform the Commonwealth's hunting laws, or pitching the pharmacy school to me (as if I had anything to do with it).
Mr. Schapiro can cry "politics" but sometimes, like Professor Sabato said, politics is a good thing.
Interesting stuff
The Norfolk paper in this column and this article examine how judges are selected in Virginia.
The Richmond paper reports that computer chips have outpaced both coal and tobacco as Virginia's leading export.
The Norfolk paper reports that some character has filed a civil rights lawsuit in federal court over the Wren Cross matter. I wonder what his theories could possibly be.
This AP story and this report from the Norfolk paper describe an ethics complaint filed by some lawyer from Roanoke challenging the participation of legislators whose firm does eminent domain work in the formulation of laws in that area. The Attorney General has opined that there is no violation.
Finally, in Canada, the Supreme Court ruled that the perils of operating a Zamboni machine were not reasonable foreseeable to the manufacturer, overturning a verdict for an injured Zamboni operator.
The Richmond paper reports that computer chips have outpaced both coal and tobacco as Virginia's leading export.
The Norfolk paper reports that some character has filed a civil rights lawsuit in federal court over the Wren Cross matter. I wonder what his theories could possibly be.
This AP story and this report from the Norfolk paper describe an ethics complaint filed by some lawyer from Roanoke challenging the participation of legislators whose firm does eminent domain work in the formulation of laws in that area. The Attorney General has opined that there is no violation.
Finally, in Canada, the Supreme Court ruled that the perils of operating a Zamboni machine were not reasonable foreseeable to the manufacturer, overturning a verdict for an injured Zamboni operator.
Sunday, February 11, 2007
Norm Pattis' bad day
You never know what might happen when you go to court, as demonstrated by this post from Norm Pattis, which begins:
"I learned a long time ago that anything can happen in a courtroom. But I was still surprised yesterday when I appeared in New London Superior Court for a suppression hearing in an arson case. It never occurred to me that I would be asked to make a proffer indicating that I had never been sexually involved with the presiding judge."
The post includes a link to this news report on the hearing.
"I learned a long time ago that anything can happen in a courtroom. But I was still surprised yesterday when I appeared in New London Superior Court for a suppression hearing in an arson case. It never occurred to me that I would be asked to make a proffer indicating that I had never been sexually involved with the presiding judge."
The post includes a link to this news report on the hearing.
Thursday, February 08, 2007
Dog update
Hey, fifty days after December 20, we got another dog today, via Petfinder from the Johnson County, Tennessee Humane Society in Mountain City. So far, so good.
If I haven't said it before, let me say special thanks to all of our friends who read this blog and sent me a card or a note or just put up with my telling about the last days of Chrissy. It would be a long list of people, and your kindness will not be forgotten.
If I haven't said it before, let me say special thanks to all of our friends who read this blog and sent me a card or a note or just put up with my telling about the last days of Chrissy. It would be a long list of people, and your kindness will not be forgotten.
Split decision on taking custody from DSS of child subject to foster care plan
In Lynchburg Division of Social Services v. Cook, the Virginia Court of Appeals in an opinion by Judge Humphreys joined by Judge Petty with Judge McClanahan dissenting reversed a circuit court order transferring custody of a child in foster care from Social Services to the child's grandparents, concluding that the circuit court was required to make specific findings about whether the circumstances of abuse that led to the taking of custody had been substantially corrected.
The opinion is interesting on the back and forth about statutory construction.
The question I have is why such an interesting opinion and perhaps even important opinion was not published.
The opinion is interesting on the back and forth about statutory construction.
The question I have is why such an interesting opinion and perhaps even important opinion was not published.
Wednesday, February 07, 2007
Take the Orange Line to Wytheville
This image of the U.S. interstate highway system in the style of a subway map is pretty neat except for the bad spelling of the Southwest Virginia town where Interstates 77 and 81 meet.
On mandatory HPV vaccine
The Instapundit links here to this "Jane Galt" post and this Volokh post, both with many interesting comments, on the question of whether the new vaccine for human papillomavirus should be made mandatory.
More broadly, the Philadelphia Inquirer has this commentary on vaccines, and how the talk of a link between vaccination and autism is likely an urban myth.
On the other side, the Roanoke Times has this editorial, suggesting the HPV vaccine is mostly about corporate greed ("State legislators should not ignore that Merck stands to make billions in sales if Gardasil becomes mandatory across the country.").
They made this vaccine mandatory in Texas (by executive order that might get reversed by the legislature) and it is the subject of HB 2035, which passed the House 80-17 and as amended includes an opt-out provision, and SB 1230, which passed the Senate 40-0.
The language from the House amendment says: "After having reviewed materials describing the link between the human papillomavirus and cervical cancer approved for such use by the Board, a parent or guardian may elect, on an appropriate form prescribed by the Board, for his child not to receive the human papillomavirus vaccine."
More broadly, the Philadelphia Inquirer has this commentary on vaccines, and how the talk of a link between vaccination and autism is likely an urban myth.
On the other side, the Roanoke Times has this editorial, suggesting the HPV vaccine is mostly about corporate greed ("State legislators should not ignore that Merck stands to make billions in sales if Gardasil becomes mandatory across the country.").
They made this vaccine mandatory in Texas (by executive order that might get reversed by the legislature) and it is the subject of HB 2035, which passed the House 80-17 and as amended includes an opt-out provision, and SB 1230, which passed the Senate 40-0.
The language from the House amendment says: "After having reviewed materials describing the link between the human papillomavirus and cervical cancer approved for such use by the Board, a parent or guardian may elect, on an appropriate form prescribed by the Board, for his child not to receive the human papillomavirus vaccine."
Tuesday, February 06, 2007
Brief in every sense
From the Buchmeyer blog, here's the whole thing:
Brief in Opposition to Plaintiff's
Motion for Reinstatement
Plaintiff has got to be kidding.
Respectfully submitted,
Simpson & Moran
By Donald A. Van Sullehem
Attorneys for Defendant
Birmingham, Mich.
Brief in Opposition to Plaintiff's
Motion for Reinstatement
Plaintiff has got to be kidding.
Respectfully submitted,
Simpson & Moran
By Donald A. Van Sullehem
Attorneys for Defendant
Birmingham, Mich.
On the need for national broadband strategy
I meant to link before now to this article by Jim Baller on the need for a national broadband strategy.
What he says makes sense, but I just wish the Comcast "broadband" at my house worked at 4 MB, much less 70 MB. The night of the Super Bowl, it measured at 4K, which reminds that when I started at as a lawyer, our Westlaw connection was 2400.
What he says makes sense, but I just wish the Comcast "broadband" at my house worked at 4 MB, much less 70 MB. The night of the Super Bowl, it measured at 4K, which reminds that when I started at as a lawyer, our Westlaw connection was 2400.
Strange job interview with legislator for would-be judge
The Norfolk paper reports here on the strange report given by a lawyer who wanted to become a juvenile and domestic relations district court judge in Norfolk with a Republican member of the House of Delegates whom she says asked her questions about religion, abortion, politics, and feminism.
Evidently, the really important questions were omitted, like who's better, Cowboys or Redskins, Army or Navy, Beatles or Rolling Stones, and if she was a cup of gelato, what flavor would she be, and whether she planned to wear racing stripes on her robe like the late Chief Justice Rehnquist.
UPDATE: No, it was a senator, not a member of the House.
Evidently, the really important questions were omitted, like who's better, Cowboys or Redskins, Army or Navy, Beatles or Rolling Stones, and if she was a cup of gelato, what flavor would she be, and whether she planned to wear racing stripes on her robe like the late Chief Justice Rehnquist.
UPDATE: No, it was a senator, not a member of the House.
Monday, February 05, 2007
Two new vacancies in the Eastern District
Senator Warner has written to The Virginia Bar Association (and presumably other bar groups) that Judge Payne and Judge Ellis have written to President Bush expressing their intention to take senior status in April and May of this year, and so the Senator wanted "to advise you of these upcoming vacancies and to offer your
organization the opportunity to make suggestions of candidates for these important
positions" in Richmond and Alexandria.
The VBA has committees for the very purpose of thinking about candidates for the federal judiciary. The thing to do if you are such a candidate is to forward (hopefully by electronic means) such material about yourself as you would like for the VBA committe to consider to the Executive Director, Guy Tower, whose e-mail address is guytower(at)vba.org.
organization the opportunity to make suggestions of candidates for these important
positions" in Richmond and Alexandria.
The VBA has committees for the very purpose of thinking about candidates for the federal judiciary. The thing to do if you are such a candidate is to forward (hopefully by electronic means) such material about yourself as you would like for the VBA committe to consider to the Executive Director, Guy Tower, whose e-mail address is guytower(at)vba.org.
Sunday, February 04, 2007
On the administration of the death penalty in Tennessee and elsewhere
This JURIST post has links to the executive order from Tennessee's Governor Bredesen postponing any Tennessee executions at least until May while a study is made of how the death penalty is administered.
On Friday, the Washington Post had this article, with comments from Governor Kaine questioning the need for new Virginia laws expanding the crimes for which the penalty of death may be sought. The article by Michael Shear begins: "Virginia Gov. Timothy M. Kaine, who ran for office pledging to enforce the death penalty despite his personal opposition, said he has strong reservations about efforts by the General Assembly to expand the crimes that are eligible for capital punishment."
Professor Berman has this interesting post on "the federalization of the death penalty."
On Friday, the Washington Post had this article, with comments from Governor Kaine questioning the need for new Virginia laws expanding the crimes for which the penalty of death may be sought. The article by Michael Shear begins: "Virginia Gov. Timothy M. Kaine, who ran for office pledging to enforce the death penalty despite his personal opposition, said he has strong reservations about efforts by the General Assembly to expand the crimes that are eligible for capital punishment."
Professor Berman has this interesting post on "the federalization of the death penalty."
On jurors asking questions
Like Ernie says, read the comments to this WSJ law blog post on juror questions.
Allowing jurors to ask questions is one of the recommendations of the Virginia jury task force.
Allowing jurors to ask questions is one of the recommendations of the Virginia jury task force.
Friday, February 02, 2007
Why else would anyone use Wikipedia?
The speculation in this post is that the only good reason for judges to cite to Wikipedia in their opinions is "to show how hip and contemporary the judge is."
Fourth Circuit grants Tazewell sheriff qualified immunity in sex discrimination case under section 1983
In Johnson v. Caudill the Fourth Circuit in an opinion by Judge Duncan, joined by Chief Judge Wilkins and Judge Widener, reversed the denial of the motion for summary judgment brought by the Sheriff of Tazewell County, in a case where the plaintiff alleged that she was fired because she is a woman. The Court concluded that "a reasonable official in Sheriff Caudill’s position would not have considered the termination to violate Johnson’s clearly established constitutional rights."
This is a good example (or bad, depending on your point of view) of the fact-specific nature of the qualified immunity defense. The issue was not simply, does the plaintiff have a clearly-established right to be free from sex discrimination.
This is a good example (or bad, depending on your point of view) of the fact-specific nature of the qualified immunity defense. The issue was not simply, does the plaintiff have a clearly-established right to be free from sex discrimination.
Killer Coalbed Methane Gas Powers Chinese Taxis
The headline on this story about coalbed methane development in China caught my attention.
The article has a Virginia connection, as it mentions the early investment by the principals of Virginia's A.T. Massey in coal projects in China.
The article has a Virginia connection, as it mentions the early investment by the principals of Virginia's A.T. Massey in coal projects in China.
Another perjury case in the W.D. Va.
Chief Judge Jones of the W.D. Va. mostly affirmed the defendant's convictions for perjury and obstruction of justice in U.S. v. Long, while striking the conviction on one of the perjury counts as "multiplicitous."
One thing I sometimes hear from clients is why aren't more people prosecuted for perjury, when it seems like someone is lying in their case, if not every case?
One thing I sometimes hear from clients is why aren't more people prosecuted for perjury, when it seems like someone is lying in their case, if not every case?
Thursday, February 01, 2007
Interesting stuff
On using private lawyers as special prosecutors. The Roanoke paper reports here that Tim McAfee and Greg Stewart will get paid $150,000 for the handling of the Appalachia election fraud cases. The article notes that the cases in Gate City were handled by a Commonwealth's attorney from Botetourt County, at no extra cost.
On the Wren cross. Here a politico from the American Enterprise Institute takes on President Gene Nichols' decision to pull the cross from the Wren Building, after 300 years. Meanwhile, Governor Kaine said he wasn't offended by the Wren cross, but he wasn't going to tell anybody what to do. (I went to William & Mary but only for law school, so I'm not sure whether I've been in the Wren building, maybe when I was a kid.)
On judicial selection. Here's an article on four "highly qualified" candidates for the J&DR judgeship in Fauquier County. Here is an article on the retirement of two of three female judges in Norfolk, and discussing their replacement. The article says: "Lawyers and court officials have complained that the two people who are considered front-runners for those jobs would lessen the diversity of gender and experience on the bench," but also quotes Kai Memmer for the VWAA as saying "each candidate for a judgeship should be considered on his or her own merits." Tell 'em, Kai. Also, the Norfolk paper has this commentary that says Delegate Melvin's opposition to Judge Sword doesn't matter because his party doesn't have the votes to do anything.
On the big natural gas royalty verdict in West Virginia. What used to be Columbia Natural Resources has been sold a couple of times, they are a gas production company with operations in Kentucky and West Virginia, and their leases require them to pay royalties to the landowners or owners of the gas interests. On Saturday, a jury in West Virginia nailed them with a verdict of more than $400 million, including over $250 million in punitives, in a class action case. Here is a column from a Charleston paper about how the case affects the image of West Virginia, here is an article from Indiana - where NiSource, former owner of CNR, is based. Here is the press release from Chesapeake Energy, the new owner I guess.
Does the fellow servant doctrine apply here? This snippet from the Bristol TV station's news site says: "One person is in critical condition after an industrial accident at Bristol Compressors. It happened just before 2 p.m. Monday afternoon. Bristol, Virginia police say a worker named Glen Rosenbaum was injured when a robot that picks up items and places them in an oven, put Rosenbaum in the oven instead. Rosenbaum was air lifted to the Bristol Regional Medical Center."
Give it up. The Roanoke paper has more nonsense about the need for redlight cameras. Redlight cameras are unsafe and un-American. Who says unsafe? The people who wrote this Virginia study, among others. Redlight cameras are about money, not traffic safety.
Tuscaloosa looks at Virginia. This article is one in a series on the death penalty in Virginia, Alabama, and two other Southern states.
From Big Sandy to Big Salty? This article from the Richmond paper discusses the failure of a bill pressed by Buchanan County that would prohibit Consol from discharging salt water into the Levisa Fork. The bill HR 3088 was sponsored by Delegate Bowling.
Lions laying down with the lambs. The Washington Post reports here on the state of litigation between the warring camps of Episcopalians over who gets the church assets.
Speaking of splits. The Split Circuit blog points out that the Fourth Circuit's recent ruling in A.T. Massey v. Holland on the meaning of "reimbursement" under the Coal Act contributes to a circuit split on the issue, with the D.C. Circuit as the odd man out siding with the Funds. The issue in the Massey case was whether the word "reimbursement" as used in the statute that sets forth the manner of calculating premiums under the Coal Act should be based on the $182.3 million Medicare paid to the Funds or instead the $156.3 million in expenses incurred by the beneficiaries of the Funds. In a split decision, the Fourth Circuit concluded that the premiums charged to companies under the Act should be reduced to reflect the higher sum actually received from Medicare, even though the reimbursement exceeded the actual expenses incurred by the beneficiaries. John Woodrum argued for the appellees. Well done, John.
On the Wren cross. Here a politico from the American Enterprise Institute takes on President Gene Nichols' decision to pull the cross from the Wren Building, after 300 years. Meanwhile, Governor Kaine said he wasn't offended by the Wren cross, but he wasn't going to tell anybody what to do. (I went to William & Mary but only for law school, so I'm not sure whether I've been in the Wren building, maybe when I was a kid.)
On judicial selection. Here's an article on four "highly qualified" candidates for the J&DR judgeship in Fauquier County. Here is an article on the retirement of two of three female judges in Norfolk, and discussing their replacement. The article says: "Lawyers and court officials have complained that the two people who are considered front-runners for those jobs would lessen the diversity of gender and experience on the bench," but also quotes Kai Memmer for the VWAA as saying "each candidate for a judgeship should be considered on his or her own merits." Tell 'em, Kai. Also, the Norfolk paper has this commentary that says Delegate Melvin's opposition to Judge Sword doesn't matter because his party doesn't have the votes to do anything.
On the big natural gas royalty verdict in West Virginia. What used to be Columbia Natural Resources has been sold a couple of times, they are a gas production company with operations in Kentucky and West Virginia, and their leases require them to pay royalties to the landowners or owners of the gas interests. On Saturday, a jury in West Virginia nailed them with a verdict of more than $400 million, including over $250 million in punitives, in a class action case. Here is a column from a Charleston paper about how the case affects the image of West Virginia, here is an article from Indiana - where NiSource, former owner of CNR, is based. Here is the press release from Chesapeake Energy, the new owner I guess.
Does the fellow servant doctrine apply here? This snippet from the Bristol TV station's news site says: "One person is in critical condition after an industrial accident at Bristol Compressors. It happened just before 2 p.m. Monday afternoon. Bristol, Virginia police say a worker named Glen Rosenbaum was injured when a robot that picks up items and places them in an oven, put Rosenbaum in the oven instead. Rosenbaum was air lifted to the Bristol Regional Medical Center."
Give it up. The Roanoke paper has more nonsense about the need for redlight cameras. Redlight cameras are unsafe and un-American. Who says unsafe? The people who wrote this Virginia study, among others. Redlight cameras are about money, not traffic safety.
Tuscaloosa looks at Virginia. This article is one in a series on the death penalty in Virginia, Alabama, and two other Southern states.
From Big Sandy to Big Salty? This article from the Richmond paper discusses the failure of a bill pressed by Buchanan County that would prohibit Consol from discharging salt water into the Levisa Fork. The bill HR 3088 was sponsored by Delegate Bowling.
Lions laying down with the lambs. The Washington Post reports here on the state of litigation between the warring camps of Episcopalians over who gets the church assets.
Speaking of splits. The Split Circuit blog points out that the Fourth Circuit's recent ruling in A.T. Massey v. Holland on the meaning of "reimbursement" under the Coal Act contributes to a circuit split on the issue, with the D.C. Circuit as the odd man out siding with the Funds. The issue in the Massey case was whether the word "reimbursement" as used in the statute that sets forth the manner of calculating premiums under the Coal Act should be based on the $182.3 million Medicare paid to the Funds or instead the $156.3 million in expenses incurred by the beneficiaries of the Funds. In a split decision, the Fourth Circuit concluded that the premiums charged to companies under the Act should be reduced to reflect the higher sum actually received from Medicare, even though the reimbursement exceeded the actual expenses incurred by the beneficiaries. John Woodrum argued for the appellees. Well done, John.
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