The U.S. House of Representatives passed the medical malpractice bill, limiting non-economic damages, as reported here. The Republicans face another filibuster in the Senate, as the New York Times reports here (registration required), but it is not entirely clear that even all the Senate Republicans support the measure.
It is also a curiosity whether a federal medical malpractice statute is constitutional as an exercise of the power to regulate interstate commerce. If violence against women does not affect interstate commerce, as the Supreme Court held here in a case arising in Southwest Virginia, then violence against medical patients might be thought of as similarly intrastate in character.
Saturday, March 15, 2003
According to this article from the Washington Post, the Justice Department filed a brief under seal in an appeal related to the prosecution of Zacarias Moussaoui before Judge Brinkema in the E.D. Va. The spokesman for the ACLU said it is a disturbing development.
The U.S. Attorney's office for the W.D. Va. collected over $11 million in its 2002 fiscal year, according to this report.
Six class action suits were brought this week against Bristol, TN's King Pharmaceuticals, as reported here.
The Milberg Weiss complaint is available here. The Schiffrin & Barroway complaint is available here.
Last year, a Florida judge famously likened attorneys from Milberg Weiss to "squeegee boys" in rejecting the settlement of a shareholder suit that did nothing to enrich the shareholders, according to this report.
The Milberg Weiss complaint is available here. The Schiffrin & Barroway complaint is available here.
Last year, a Florida judge famously likened attorneys from Milberg Weiss to "squeegee boys" in rejecting the settlement of a shareholder suit that did nothing to enrich the shareholders, according to this report.
This article describes prohibited articles that citizens have tried to carry into Richmond-area courthouses.
Judge Askew of Newport News, denied reappointment by the General Assembly, is expected to announce shortly her candidacy for the Virginia Senate, according to this report. Friday was her last day on the bench, as reported here.
Virginia Business has this report on the demise of tobacco (and peanut) subsidies.
Friday, March 14, 2003
In this Fourth Circuit opinion, the Court held that claims against a health insurer whose policies were alleged to have caused the premature release from mental hospitalization of a WV man who proceeded to kill himself and most of his family were preempted by ERISA.
Summary judgment and Virginia contract law are the subject matter of this unpublished Fourth Circuit opinion issued today.
Local government finances got you down? They could be worse, like if you were in New Orleans, where the city just suffered a $200 million state court judgment against it in favor of the city's firefighters, as reported here.
Knoxville attorney Thomas Varlan was approved by the U.S. Senate by a vote of 97-0 on Thursday for a judgeship in the E.D. Tenn., according to this report. According to this from the ABA website, the ABA ratings panel had a split vote on Varlan, with the minority concluding that he was not qualified.
This report describes last week's murder trial in Smyth County, which ended in a conviction Saturday evening of the woman charged with shooting her husband.
A Danville city council member threatened to reveal the drug use and marital infidelity of public officials if the council did not appoint his candidate to the city's School Board, according to this report.
This report from Kingsport and this report from Bristol describe the lay-offs of the Aerus-Electrolux employees in Bristol. Earlier in the week, Congressman Boucher declared he would seek federal aid for the laid-off employees of the Bush furniture plant in St. Paul, as reported here.
The U.S. Department of Labor, Employment and Training Administration produced this factsheet on the Worker Adjustment and Retraining Notification ("WARN") Act.
This month's Virginia Business describes the efforts to transform the Southwest Virginia economy from with telecommunications, in this article.
The U.S. Department of Labor, Employment and Training Administration produced this factsheet on the Worker Adjustment and Retraining Notification ("WARN") Act.
This month's Virginia Business describes the efforts to transform the Southwest Virginia economy from with telecommunications, in this article.
Congressman Boucher has introduced his legislation favoring coal-fired power plants, as reported in this article in Kingsport Times (registration required).
Governor Warner and Attorney General Kilgore disagree on the wisdom and propriety of Virginia Tech's eliminating race and gender as considerations in admissions, prior to the outcome of the university cases now pending before the U.S. Supreme Court, according to this report from Roanoke and this report from Richmond and this report from Norfolk and this report from the Washington Post. This report from the Washington Times points out that similar measures on admissions were taken at U.Va. and William & Mary and are under review at James Madison and Mary Washington.
The accused killer in the Grundy Law School murders will be sent back for more mental health care, according to this report from Bluefield and this report from Bristol.
Thursday, March 13, 2003
By 8-4, the 4th Circuit denied rehearing en banc in the newspaper confiscation First Amendment case, as indicated here. The result is that the newspaper's claim can go forward, as held in this panel decision. As the eight were Chief Judge Wilkins and Judges Wilkinson, Niemeyer, Michael, Traxler, King, Gregory, and Shedd, while the four were Judges Widener, Luttig, Williams, and Motz, the issues must have defied partisan, ideological, and geographical categorization.
The federal prosecutors of the W.D. Va. have decided to have another go at the man who led fundraising for the Bedford D-Day memorial, according to this report. The first trial resulted in a hung jury.
The D-Day memorial is cool, as evidenced by pictures like this one.
The D-Day memorial is cool, as evidenced by pictures like this one.
In this Tennessee federal court case, the Sixth Circuit reversed Judge Hull on the procedural due process claim of a third-year medical student at the Quillen College of Medicine in Johnson City.
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