Will the VSB renew Fastcase?
By Deborah Elkins
Published: September 1, 2008
You’ve done your research and you’re ready to represent your client, a Virginia Beach night club, in a challenge to the local noise ordinance.
Case law in hand, you head to court.
There may not be controlling Virginia authority, but using your Virginia State Bar Fastcase account, you found a Wisconsin case to cite to the judge.
Excuse [...]
Civil Rights – Online Land Records – Privacy Right – SSNs 
By Deborah Elkins
Published: September 1, 2008
A Richmond U.S. District Court holds that Va. Code § 59.1-443.2 is unconstitutional and cannot be applied to the Web site of a privacy-rights advocate opposed to the inclusion in online land records of personal information such as Social Security numbers, who has used her Web site to post SSNs of certain legislators and clerks [...]
Court-appointed lawyers finally filing fee waivers
By Alan Cooper
Published: September 1, 2008
Virginia’s court-appointed criminal defense attorneys appear to be finally getting with the program.
They are filing their fee forms asking for a waiver of Virginia’s caps on court-appointed fees.
That’s a great relief to Betsy Wells Edwards of the Virginia Fair Trial Project, who helped coordinate the efforts of bar organizations to win limited relief last year [...]
Social guest can sue apartment complex
By Alan Cooper
Published: September 1, 2008
A social guest can proceed on his claim that the owner of an apartment complex is liable for injuries inflicted on him by a trespasser at the complex, a Loudoun County judge has ruled.
The claim grew out of a slashing at The Glen, an apartment complex in Leesburg owned and managed by Town and Country [...]
Environmental – Toxic Substances Control Act – Administrative Warrant
By Deborah Elkins
Published: September 1, 2008
The Environmental Protection Agency can obtain an administrative warrant to inspect places containing regulated chemical substances in order to carry out the EPA’s authority under the Toxic Substances Control Act, 15 U.S.C. § 2601, and the 4th Circuit upholds the district court’s issuance of a warrant and preliminary injunction order preventing the ship’s owner from [...]
Professional negligence claim against engineering firm OK
By Peter Vieth
Published: September 1, 2008
The owners of a parking lot damaged under the weight of heavy trash trucks can sue the engineering firm that designed the lot for professional negligence.
The reason: the economic loss rule.
The case is Central Park Drive, LLC v. Rinker Design Assocs. (VLW 008-8-181) with an opinion letter written by Fairfax Circuit Judge Bruce D. White.
The [...]
Criminal – Speedy Trial Act – Continuance – Ends Of Justice – Marijuana Plants
By Deborah Elkins
Published: September 1, 2008
A West Virginia couple charged with growing marijuana at their home have their convictions overturned by the 4th Circuit because the 103-day continuance ordered by the district court did not comply with the strict requirements for granting an ends-of-justice continuance and the convictions violated the Speedy Trial Act.
In June 2006, the Supreme Court decided Zedner [...]
Suit over property owners’ group nixed
By Peter Vieth
Published: September 1, 2008
A lawsuit that sought the breakup of a 2,700-member property owners’ association near Winchester has been tossed out of court.
Frederick County Circuit Judge John R. Prosser ruled in open court Tuesday that a Virginia property owners’ association is not invalidated merely because of differences in the language of various deeds of dedication. The decision [...]
Lawyers in the News
By Sarah Rodriguez
Published: September 1, 2008
Edward E. Nicholas has joined the Richmond office of Vandeventer Black. Nicholas concentrates his law practice in construction, business and commercial litigation, insurance litigation and professional liability defense. His construction practice focuses on the defense of design professionals against personal injury and economic loss claims. His litigation practice focuses on commercial insurance coverage and [...]
Man who shot wife with crossbow sentenced to life
By News in Brief
Published: September 1, 2008
VIRGINIA BEACH—A Virginia Beach man convicted of killing his wife with a crossbow in 2006 has been sentenced to life in prison.
Kenneth Creamer was sentenced last week in the death of Anna Creamer. A jury convicted the 47-year-old of first-degree murder in June.
Creamer had claimed he accidentally shot the crossbow arrow into his wife’s back [...]
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