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Richmond hospitals to ban use of tobacco products

Starting in November, the use of all tobacco products will be banned on CJW Medical Center’s campuses in Richmond.

The ban applies both to inside buildings and outside on campus grounds. CJW’s Johnston-Willis and Chippenham campuses have banned smoking inside buildings for some time.

The new ban goes into effect November 20.

CJW Chief Executive Officer Peter Marmerstein says the new policy supports the hospital’s core mission of quality care and improving the health of the community.

A spokeswoman for CJW’s owner, HCA Incorporated, says other HCA hospitals in the area may adopt similar policies.

Delegate starts non-profit to push for school tax credits

A Republican delegate has created a nonprofit organization to push for tax credits and other support for alternatives to traditional public schools.

Chris Saxman of Staunton says School Choice Virginia will lobby and advocate for home-schooling, private and parochial schools and public charter or governors’ schools, among other things.

Private school tax credits and voucher legislation have failed consistently in recent years in Virginia.

Saxman’s organization can push legislation, but it can’t endorse or call for the defeat of political candidates.

Former Washington, D.C., council member Kevin P. Chavous, however, supports the group and says he can speak for or against candidates. In Chavous’ words, “I will take names.’’

Chavous, a Democrat, is a national school choice advocate.

APCO can charge more for coal as SCC preps for request

Appalachian Power Company has permission to begin recovering higher coal prices from Virginia customers before the State Corporation Commission hears the request.

The SCC said last week it would allow the company to begin billing Virginia customers a fuel assessment of nearly 12 percent more Sept. 1. It set a public hearing September 23 in Richmond on the request to increase in the fuel factor from 1.418 cents per kilowatt hour to 2.255 cents.

The request is one of three rate requests the SCC is considering for Appalachian, which has 1 million customers in Virginia, West Virginia and Tennessee.

Fairfax mulls criminalization of some zoning violations

FAIRFAX—Fairfax County supervisors are considering criminalizing some zoning violations, meaning landlords who operate illegal boarding houses could go to jail.

The proposal would turn what would normally be a civil penalty into a criminal one, if the civil fines for the violation are worth at least $5,000. Supervisor Jeff McKay says it would be up to the judge hearing the case to decide whether the offense deserves jail time.

The Virginia General Assembly granted local governments the authority to impose the tougher penalties this year.

The county began a crackdown on overcrowded houses in June 2007.

A public hearing on the issue is scheduled in September.

Officials celebrate opening of Beltway express lanes

McLEAN—A project billed as a radical transportation improvement for the congested Washington region got its formal kickoff last week, as officials celebrated the construction of express lanes on the Capital Beltway.

“The beltway is really the main street of this part of Northern Virginia, and it was never designed for the volume it now has,” Fairfax County Board of Supervisors Chairman Gerald Connolly said at the symbolic groundbreaking atop a mall parking garage overlooking the state’s busiest road. “Adding capacity to that main street is critical. Creating choices for our commuters is critical.’’

The planned lanes – two in each direction on the Virginia portion of the beltway – are known as high-occupancy/toll, or HOT, lanes. They will be free to vehicles carrying three or more people. Anyone else who wants to ride on them must pay a toll, which will fluctuate according to demand.

The idea is to keep traffic running smoothly all the time. The lanes’ private operator will be allowed to set the tolls as high as necessary to avoid congestion. Barbara Reese, Virginia’s deputy secretary of transportation, said tolls are expected to average about $1 a mile with the average trip being 5 to 6 miles.

Critics of the $1.4 billion project, expected to take five years, have derided HOT lanes as “Lexus lanes,’’ saying they will only be useful to the wealthy.

But officials at Tuesday’s kickoff invoked the image of regular folks who need to be on time for jobs and family commitments, such as the working mother who needs to pick up her children from day care or the Little League coach who has to make it to a game. Those people might stay in the regular lanes on most days, but would appreciate having the option to buy themselves a speedier ride when they’re running late, officials said.

The Bush administration is a big proponent of using tolls to control congestion and pay for road expansion. The federal government is lending $589 million for the construction, to be paid back from toll revenue.

The HOT lanes are being built by a partnership of two private companies, Transurban Group and Fluor Enterprises, which will operate the lanes once they are built. The project funding includes $349 million in private equity and $409 million in state funding. Fluor-Transurban is assuming the risk for the loans and bonds that make up the remainder.

Once the road is running, the state will also pay the operator to offset lost toll revenue if the number of buses and HOV riders rises above a certain percentage of total vehicles.

The new lanes won’t have any toll booths, but will use electronic readers that drivers can whiz through. Drivers will need to have a transponder such as E-ZPass.

Officials have yet to determine how they will enforce the HOV requirement for nonpaying vehicles, Reese said.

Plans for HOT lanes on I-395 and I-95 in Northern Virginia are still in the environmental review phase.

VSB Disciplinary Actions

On May 20, 2008, the Virginia State Bar Disciplinary Board imposed a public reprimand on McLean lawyer Ashraf W. Nubani for violating the disciplinary rule that governs safekeeping of property. On three occasions, the VSB received notices of overdrafts on Nubani’s trust account. According to the VSB, Nubani has taken steps to avoid a recurrence of the events that led to the overdrafts, including hiring a law office management consultant. This discipline is an agreed disposition of misconduct charges against Nubani.

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On June 11, 2008, a three-judge panel in the Fairfax County Circuit Court revoked the law license of Chandra M. Bogollagama of McLean for violating disciplinary rules that govern diligence, communication with clients, use of an attorney trust account, and the obligation to return unearned fees. According to the Virginia State Bar, the court also found that Bogollagama engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, and that in connection with the VSB’s investigation of a disciplinary matter he knowingly made a false statement of material fact. The violations occurred in six cases in which clients hired him to procure U.S. visas for themselves or relatives.

* * *

On June 23, 2008, the Virginia State Bar Fifth District Committee, Section I, imposed a public reprimand with terms upon Fairfax lawyer Neville P. Crenshaw for violating Rules of Professional Conduct that govern competence, diligence, and communication. According to the VSB, the violations occurred in divorce and custody representations. Crenshaw has taken steps to avoid a reoccurrence of the events giving rise to this misconduct including retaining the services of a law office practice management consultant. He is required to adopt the consultant’s recommendations or face additional discipline. This discipline was an agreed disposition of misconduct charges against Crenshaw.

One for med mal defendants

At last, defense attorneys must be saying, a decision from the in our favor – albeit in the form of an unpublished order.

To say that the case of Lindamood v. Jamshidi had languished in Fairfax County Circuit Court would be an understatement. The widow of Thomas C. Lindamood filed the complaint in May 2000, more than three years after her husband died from what she said was negligence in treating her husband’s neurological condition.

In October 2001, the plaintiff produced an expert medical opinion in response to discovery, after which, as the Supreme Court said gently, “the case went into a period of inactivity.”

Finally in April 2006, the defendant filed a motion to dismiss because nothing had happened in more than three years. The trial judge denied the motion but set a trial date in June 2007 and entered a uniform pretrial scheduling order that required the plaintiff to designate her experts three months before trial.

The plaintiff’s attorney missed the deadline, and the defendant filed a motion to dismiss the case with prejudice. The plaintiff admitted missing the deadline but contended that dismissal was too strong a sanction in light of a serious, prolonged illness by her attorney and the absence of prejudice to the defendant because he had known the nature of her expected expert testimony for more than five years.

Judge Arthrur B. Vieregg Jr., apparently deciding “enough is enough,” granted the motion and dismissed the case.

“Lindamood’s counsel became aware of his serious illness several months before the deadline for designation of her experts but failed to withdraw as counsel, associate another attorney, or request a continuance or an extension of the deadline,” the Supreme Court said today in affirming Vieregg’s ruling.

“Given the length of time the case had been pending, the court’s denial of a previous motion to dismiss for inactivity, and Lindamood’s failure to comply with the court’s order despite being given eight months to do so, we hold that the circuit court did not abuse its discretion by imposing that sanction.”

Fairfax attorneys Stephen L. Altman and Matthew D. Banks represented the defendant.

The ruling in the case argued last month follows two decisions in favor of plaintiffs on June 6, giving plaintiffs 11 straight published decisions in their favor from the court. Last week, the court issued an unpublished order that sided with a plaintiff.

By Alan Cooper

Law lecture becomes viral video

The video of Regent Law Professor James Duane’s 5th Amendment lecture – popularly known as “Don’t talk to the police!” – is enjoying widespread viewership on the Internet.

In the video, the loquacious professor advises potential criminal lawyers why their clients should never – ever – talk to the police. A police detective responds and endorses the advice. The lecture, given as part of Regent Law School’s spring preview weekend, can be seen here.

By Peter Vieth

Tort – Defamation – Law School Letters – Nevada Divorce Case

Letters written by Nevada divorce lawyers to Washington & Lee Law School accusing a W&L law student whose wife they represented of “kidnapping, passport fraud, felony non-support of children and violation of RICO” were defamatory per se, but a jury will have to decide whether the divorce lawyers lost their “public record” privilege by substantially departing from Nevada judge’s account of the case, a Lynchburg U.S. District Court says.
Vaile v. Willick (Moon, J.) No. 6:07cv00011, July 14, 2008; USDC at Lynchburg, Va. VLW 008-3-271, 15 pp.

Court affirms policy on prayers at government meetings

turnerThe 4th US Circuit Court of Appeals, with an opinion by Judge Designate Sandra Day O’Connor, rejected the claim of a man who said his free speech rights were violated because his fellow members of the Fredericksburg City Council would not let him pray “in Jesus’ name.”

The opinion is here. The Associated Press has comment from the ACLU and the Rutherford Institute, which took up the case of the Rev. Hashmel Turner.

By Peter Vieth

Intellectual Property – Consumer Web Site – Auto Dealer Feedback – Immunity

A car dealership cannot sue a consumer Web site on which shoppers posted negative experiences for defamation and tortious interference with business expectancy; an Alexandria U.S. District Court says defendant Consumeraffairs.com Inc. has immunity from suit under the Communications Decency Act because the statements at issue came from a “separate information content provider” and defendant was merely an interactive computer service.
Nemet Chevrolet Ltd. v. Consumeraffairs.com Inc. (USDC-ED) (VLW 008-3-274) (25 pp.)

Contract – Government Contract – UCITA – Pay-If-Paid Clause

A government subcontractor cannot collect for software it marketed to the National Security Agency and tried to get the agency to buy through defendant prime contractor, under either the controlling “pay if paid” language of the subcontract, or under the Uniform Computer Information Transaction Act, Va. Code § 59.1-501.3, an Alexandria U.S. District Court holds.
Pilar Services Inc. v. NCI Information Systems Inc. (USDC-ED) (VLW 008-3-272) (14 pp.)