2008 December 29 | Virginia Lawyers Weekly

Civil Procedure – Removal Jurisdiction – Joined Defendant – Counterclaim

By Deborah Elkins
Published: December 29, 2008

In this case of first impression involving a suit to collect $794 in unpaid cell phone service contract charges, the 4th Circuit holds that a party joined as a defendant to a counterclaim may not remove the case to federal court solely because the counterclaim satisfies the jurisdictional requirements of the Class Action Fairness Act [...]

I, the Juror: A very, very short tour of (jury) duty

By Sarah Rodriguez
Published: December 29, 2008

I’m not exactly sure what the odds of being selected for jury duty are in one’s lifetime. I know people twice my age who never have been called, yet I’ve been called twice now in the eight years I’ve been eligible – for both state and federal court.
It seems that after going through all the [...]

Dueling Web sites: Surnames the same, domain names… only an “L” apart

By Deborah Elkins
Published: December 29, 2008

Lawyers who have Web sites typically take a tip from Marketing 101: create a domain name that uses your product name. And for a lawyer, that usually involves the attorney’s own personal name.
In Northern Virginia, two lawyers with the same surname developed dueling Web sites to market their separate specialties. H. Jay Spiegel, who specializes [...]

Low-income parents would get break on garnishments

By Peter Vieth
Published: December 29, 2008

Low-income parents of dependent children would get a break in garnishment proceedings under a bill introduced for the 2009 Virginia General Assembly session.
House Bill 1668 would offer garnishment exemptions, starting with $51 a week for one child, for parents of children where the household gross income does not exceed $4,000 per month.
Del. Terry G. Kilgore, [...]

Episcopal Diocese hires Howard, planning appeal

By Peter Vieth
Published: December 29, 2008

The Episcopal Diocese of Virginia is beefing up its legal team in preparation for appeal of a series of court decisions that left the diocese without title to millions of dollars worth of church property.
Fairfax Circuit Judge Randy I. Bellows issued final rulings this month that allow conservative breakaway congregations to keep their church buildings [...]

Henry County mulls possible noisy dog rules

By News in Brief
Published: December 29, 2008

MARTINSVILLE–Fido’s late night barking could land him in hot water under proposals being considered by Henry County officials, including one that could see noisy dogs euthanized.
The county Board of Supervisors will consider two proposed ordinances at its meeting earlier this month, one of which would declare persistently noisy animals a public nuisance.
Under that proposal, a [...]

Virginia AG proposes election-related legislation

By News in Brief
Published: December 29, 2008

Attorney General Bob McDonnell is backing legislation to streamline the voting process, standardize guidelines to determine voter residence, and ensure that all ballots are properly counted.
McDonnell on Dec. 16 outlined eight voting-related proposals to be considered in the upcoming General Assembly session. Many of the measures are a response to problems that arose in last [...]

Biotech company fined for polluting Va. waterway

By News in Brief
Published: December 29, 2008

ROANOKE—A Danish biotechnology company responsible for a kill of nearly 6,700 fish in a Roanoke River tributary pleaded guilty Dec. 18 to a federal charge of discharging hazardous waste.
U.S. District Judge Samuel Wilson ordered Novozymes Biologicals Inc. to pay a $275,000 fine for the violation of the Clean Water Act. Under a plea agreement, the [...]

VALS winter meetings to be in Roanoke Feb. 7

By News in Brief
Published: December 29, 2008

RVLSA…the association for legal professionals will host the VALS Winter Seminars/Third Board of Governors Meeting on Feb. 7, 2009 at the Holiday Inn Tanglewood in Roanoke.
The seminars will begin at 9:00 a.m. on Saturday, Feb. 7 with “Ethics for the Legal Assistant,” presented by Peggy Knicely, PLS.
At 10:45, Sherri Hoffman, PP, PLS, CLA, will present [...]

Child pornography cartoon conviction upheld by 4th Circuit

By News in Brief
Published: December 29, 2008

Child pornography is illegal even if the pictures are drawn, a federal appeals panel said in affirming the first conviction under a 2003 federal law against such cartoons.
Dwight Whorley is serving 20 years in prison, convicted in 2005 of using a public computer for jobseekers at the Virginia Employment Commission to receive 20 Japanese cartoons, [...]