It’s not automatic that a civil rights challenge to a statute or ordinance is best filed in state court, Virginia Beach lawyer Kevin Martingayle told members of the Virginia Trial Lawyers Association Friday. With state court, you might get a better shot at avoiding quick dismissal and skeptical judges, but there are other factors. One [...]
Entries from March 2012
State or federal court – consider the end game
March 30th, 2012 · Comments Off · VTLA
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Judge denies move to halt Hopewell speeding revenue
March 30th, 2012 · Comments Off · General Assembly, Virginia Legal News Stories
While the General Assembly considers stripping some law enforcement revenue from local governments, the battle over speeding ticket revenue came to a head in a Hopewell courtroom Thursday. City prosecutor Rick Newman moved to turn all the city’s local speeding charges into state charges, denying the city about $2 million in annual revenue. A judge [...]
Tags:Commonwealth's Attorneys·General District Courts·Hopewell·Local government·Traffic Offenses
Battle is joined over cap on tort damages
March 29th, 2012 · Comments Off · Virginia Tech, Virginia Tort Claims Act
Armed with two $4-million verdicts against the state, lawyers for families of Virginia Tech shooting victims are seeking to avoid the $100,000 cap on recovery under the Virginia Tort Claims Act. Under the law, the cap is raised to the maximum limits of any applicable liability policy, and the families’ lawyers want to explore what [...]
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‘Parenting agreement’ triggered support change
March 27th, 2012 · Comments Off · Civil Cases, Virginia Court of Appeals
A couple’s arbitrated custody decision under their “Parenting Agreement” did not let a father immediately adjust support when their daughter moved in with him. The divorcing parties signed a “Parenting Agreement” that said they would equally share custody of their two children, and would resolve outstanding issues through arbitration. Under the terms of the resulting [...]
Tags:Domestic Relations
Gastañaga will be new ACLU chief
March 27th, 2012 · Comments Off · Lobbying
The ACLU of Virginia has hired activist, advocate and administrator Claire Guthrie Gastañaga as its new executive director. Gastañaga will succeed Kent Willis who is leaving the group after 25 years. “Claire brings to the ACLU a huge network of people throughout Virginia who share our commitment to equality and civil liberties,” said board president Jayne [...]
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SCC streamlines website
March 27th, 2012 · Comments Off · Uncategorized
The Virginia State Corporation Commission is spiffing up its online services. As more lawyers do their SCC business with their computers, the agency says it’s working to improve functionality and navigation. Recent improvements include: A redesigned home page for easier access to business formation, existing business entity, and Uniform Commercial Code (UCC) transactions, Registered agent [...]
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Turnout for Richard Lawrence funeral overflows church
March 26th, 2012 · Comments Off · Roanoke
Close to 800 people packed the sanctuary and stood shoulder-to-shoulder in hallways and antechambers at a Roanoke church Friday as family, friends and colleagues mourned the death of lawyer Richard Lawrence. The Roanoke Valley courthouse legend was killed in a car wreck near Salem a week ago. Tributes from attendees touched on Lawrence’s mentorship of [...]
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Employment agreements ‘ambiguous’
March 25th, 2012 · Comments Off · 4th Circuit, Civil Cases, U.S. District Court
An employee contract clause calling for a $100,000 annual benefit for a surviving spouse is ambiguous, prompting the 4th Circuit to vacate judgment against the employee’s widow and send the case back for another look. When Hampton Roads music promoter David Williams went to work for Cellar Door Management, or CDP Inc., in 1994, he [...]
Tags:Contract·Employment·Newport News
Car seat sanctions increased to $70K
March 24th, 2012 · Comments Off · sanctions, Western District
A judge has upheld a jury verdict rejecting claims that the design of a child car seat led to devastating brain injury for a five-year-old girl. While Abingdon federal Judge James P. Jones denied the girl’s motion for a new trial, he increased an award of attorneys’ fees to her lawyers based on discovery misconduct [...]
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Richmond ALA marks the Big 4-Oh
March 23rd, 2012 · Comments Off · Uncategorized
The Richmond chapter of the Association of Legal Administrators is celebrating a big birthday this month – the chapter is turning 40. At their monthly luncheon yesterday, the group was proud to note that they were the very first ALA chapter to be chartered, in March 1972 (there were four chapters founded that year…Richmond was [...]
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