Incarcerated Dad’s Rights Terminated

Episcopal church wins control of state churches

By The Associated Press
Published: January 17, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Real Estate

FAIRFAX (AP) The Episcopal Church should be restored as the owner of several historic churches in Virginia, a Fairfax circuit judge has ruled, years after the denomination was essentially evicted by local congregations dismayed with Episcopal leadership’s liberal theology. In a 113-page ruling issued Tuesday night, Fairfax Circuit Judge Randy Bellows reversed a ruling he [...]

ODBA to highlight appeals at winter confab

By Virginia Lawyers Weekly
Published: January 17, 2012

The Old Dominion Bar Association will host a day-long program on appellate procedure from general district court to the Supreme Court of Virginia on Jan. 28. The ODBA’s winter meeting will take place at the William & Mary law school in Williamsburg. The program offers six hours of CLE credit, and scheduled speakers include judges [...]

VSB Disciplinary Actions

By Virginia Lawyers Weekly
Published: January 17, 2012

On Dec. 9, 2011, a Virginia State Bar Fourth District – Section I Subcommittee issued a public reprimand with terms to William P. Wittig of Arlington for violating a professional rule that governs diligence. This discipline was an agreed disposition of misconduct charges, according to the VSB. * * * On Dec. 28, 2011, the [...]

Credit Repair Act claims are subject to arbitration

By Correy E. Stephenson
Published: January 17, 2012
Tags: ADR, Consumer Protection, Federal Courts, U.S. Supreme Court

Because the Credit Repair Organizations Act is silent on whether claims can proceed in arbitration, the Federal Arbitration Act mandates the parties’ arbitration agreement be enforced, the U.S. Supreme Court ruled on Jan. 10. A group of consumers brought suit in federal court against CompuCredit, a company that marketed a credit card that purported to [...]

The VBA Legislative Agenda for the 2012 session

By Virginia Lawyers Weekly
Published: January 17, 2012
Tags: General Assembly, Virginia Bar Association

Highlights of legislation backed by the Virginia Bar Association, the Boyd-Graves Conference, the Virginia Family Law Coalition and the Virginia Alternative Dispute Resolution Joint Committee. Rules of Evidence. The Boyd-Graves Conference strongly supports passage of the Virginia Rules of Evidence as approved by the Supreme Court of Virginia. Protection of Trustee acting at the direction [...]

Expungement OK After Charge Reduced

By Deborah Elkins
Published: January 17, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Lorraine Nordlund, Virginia Circuit Courts

A Fairfax Circuit Court grants a petition to expunge police and court records relating to petitioner’s 2001 arrest for sale and/or distribution of marijuana, which was nolle prossed, and a 2010 arrest for reckless driving, which was reduced to improper driving. Under Va. Code § 19.2-392.2(A), if a person is acquitted of a crime, if [...]

No Hearing On Officer Grievance

By Deborah Elkins
Published: January 17, 2012
Tags: Employment, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court denies an administrative hearing to a police officer who protests receiving a performance evaluation that rated him at the “Contributor” level for 2009-2010, which allegedly was lower than previous performance ratings. The Employment Dispute Resolution Board (EDR) denied petitioner’s request for a separate hearing to hear his grievance. Petitioner contends his [...]

Benefits Terminated for Noncompliance

By Deborah Elkins
Published: January 17, 2012
Tags: Judge Randolph A. Beales, Virginia Court of Appeals, Workers’ Comp

The Court of Appeals affirms a commission decision terminating employee’s temporary total disability benefits after employee failed to comply with his physician’s instruction to return for evaluation; there was no evidence of continuing disability. Employee worked as a driver before he was rear-ended and sustained compensable injuries, including a damaged disc. Agreed temporary total disability [...]

Torn Knee Cartilage Not Work-Related

By Deborah Elkins
Published: January 17, 2012
Tags: Judge Walter S. Felton Jr., Virginia Court of Appeals, Workers’ Comp

The Court of Appeals reverses and remands an award of medical benefits to a nurse who sustained a knee injury; employee’s treating physician opined employee’s torn cartilage was unrelated to her earlier work injury and her surgeon’s opinion was too speculative. Employee, a nurse aged 51, injured both knees and her back when she slipped [...]