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Monthly Archives: May 2010

Administrative – Environmental – Highway Widening – Noise Abatement (access required)

An Alexandria U.S. District Court dismisses a citizens’ lawsuit to halt widening of I-66 inside the Beltway. Plaintiff Arlington residents challenge the Federal Highway Administration’s Aug. 1, 2008 approval of a Categorical Exclusion for construction of a Spot Improvement Project ...

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Criminal – Ineffective Assistance – ACCA – Failure To Object (access required)

At defendant’s sentencing as an armed career criminal, his lawyer’s failure to object to the use of defendant’s prior South Carolina convictions prejudiced his defense and amounts to ineffective assistance of counsel, and the 4th Circuit vacates denial of defendant’s ...

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Civil Procedure – Interlocutory Appeals – Class Action Fairness Act (access required)

Even if defendant lenders “jumped the gun” in removing three plaintiffs’ state court suits alleging violations of Maryland mortgage law to federal court, the district court did not err in refusing to remand the suits because plaintiffs’ amended complaints alleged ...

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Civil Procedure – Relation Back – IFP Plaintiff – § 1983 Complaint – Excessive Force (access required)

A plaintiff who alleges defendant police officer used excessive force when he fired at plaintiff during pursuit on a stolen car report has his suit against the officer in his individual capacity reinstated by the 4th Circuit; the district court ...

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Panel to craft policy on court-appointed fees (access required)

Chief Justice Leroy Rountree Hassell Sr. says he will appoint a subcommittee of the Committee on District Courts to help develop a policy designed to save $3 million a year in court-appointed attorneys’ fees. Commonwealth’s attorneys suggested the money could ...

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Another circuit judge rejects ‘Spear’ rationale (access required)

Denounced by plaintiffs’ lawyers, the groundbreaking decision in Spear v. Washington Metropolitan Airports Authority has found few friends in the Virginia judiciary. The latest judge to reject the “once-and-for-all ad damnum” rule of Spear is Franklin County Circuit Judge William ...

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Reichhardt to receive VSB’s Pro Bono award (access required)

William B. Reichhardt, a Fairfax County lawyer whose practice and volunteer work focus on special education law, will receive the 2010 the Lewis F. Powell Jr. Pro Bono Award from the Virginia State Bar. The award is presented by the ...

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Spotsylvania’s Shaia earns prosecutor award (access required)

Thomas G. Shaia, deputy commonwealth’s attorney for Spotsylvania County, is the 2010 recipient of Warren Von Schuch Distinguished Assistant Award. The award is presented to an assistant commonwealth’s attorney who has exhibited service to the commonwealth, to the Virginia Commonwealth’s ...

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Pici to lead Hampton Roads legal adminstrators group (access required)

The Hampton Roads Association of Legal Administrators has elected Kim Pici as president for 2010-2011. Other officers are Diana White, past president; Rob Sadler, president-elect; Linda Merrick, vice president; Shirley Beacham, treasurer; and Pam Deming, secretary.

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C’ville-Albemarle bar hosts Senior Law Day (access required)

More than 100 persons attended the Senior Law Day presented last Tuesday by the Charlottesville-Albemarle Bar Association. The association provided lunch and gave each attendee a copy of the 2009 Senior Citizens Handbook, which includes information on such topics as ...

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