Jury decides for defendants in med mal retrial

The 2005 Supreme Court of Virginia case that defined what constitutes an “active clinical practice” for expert witnesses in medical malpractice cases has ended in a second defense verdict.

Elizabeth Hinkley filed suit against two obstetricians and their practice in Montgomery County Circuit Court after both of her identical twin sons died at birth as a result of twin to twin transfusion syndrome (TTTS). She alleged that the obstetricians were negligent in failing to detect the syndrome and promptly deliver the second child by cesarean section after the first died in utero. Twins with the syndrome share a blood supply and a disproportionate share of blood goes to one twin.

The defendants prevailed in the first trial, but Hinkley argued successfully on appeal that a defense expert should not have been allowed to testify because he had not delivered a child in several years before his testimony, although he had practiced in the field for 33 years and still taught and consulted.

Bevin R. Alexander Jr. of Lynchburg, the attorney for the defendants, said a jury returned a defense verdict in February and Hinkley’s attorney told him recently that he will not appeal it.

Kaine’s appointed pay hike for juvenile court killed

The House of Delegates yesterday killed amendments from Gov. Tim Kaine that would have increased the pay of court-appointed lawyers in juvenile court.

Kaine had sought to shoehorn the increase through changes to House Bill 2361, which will permit a judge to waive the fee limits for court-appointed counsel in certain cases. While killing that group of amendments by a 91-6 vote, the House left intact the broader portions of the bill. For the record, all of Kaine’s changes passed the Senate unanimously.

Both Houses approved Kaine’s amendment to the bill that requires court officials to track the number of court appointments, including offenses charged, and the number of fee cap waivers, including dollars paid. The court must report those statistics quarterly to the governor and to the legislature.

No FMLA liability for park supervisor

Federal courts continue to fill in the puzzle pieces for liability under the Family & Medical Leave Act. From Harrisonburg, U.S. District Judge Glen Conrad says that a supervisor for the Upper Valley Regional Park Authority has no individual liability for a park manager’s claim that the supervisor violated the Act by denying the manager leave to care for her 22-year-old stepson who was injured in an ATV.

In Miller v. County of Rockingham (VLW 007-3-130), Conrad said the 4th Circuit has yet to rule on the question of individual FMLA liability for employees of public agencies, and the federal circuits are split. Conrad followed a 6th Circuit decision to dismiss the case against the individual park director, but let the case go forward against Rockingham and Augusta Counties.

Local government lawyers headed to the annual conference of the Local Government Attorneys of Virginia in Hampton Roads later this month should take note of the Miller ruling. Conferees are scheduled for game-show style CLE on April 20, and they could score points during “Employment Law Jeopardy,” or “Deal or No Deal.”

Peeling sticker case to be reheard en banc

Back in February, a panel of the Court of Appeals ruled that the mere fact that a guy’s car had a peeling inspection sticker wasn’t enough to justify a police officer’s stop. That fact alone didn’t provide the “reasonable suspicion” of criminal activity needed to make the stop, according to the panel, which suppressed evidence and drugs and a gun found in the car.

The 2-1 panel opinion was written by Chief Judge Walter S. Felton Jr., joined by Senior Judge Johanna L. Fitzpatrick. Judge Elizabeth A. McClanahan dissented. This morning, the appeals court issued a notice that it will rehear the case, Moore v. Commonwealth, en banc.

By the way, the defendant’s lawyer, John B. Mann of Richmond, told us that the actual sticker on the defendant’s car was in a lot better shape than the illustration we used with our story in February (see above).

Hunton hires 93 Texas lawyers

Hunton & Williams, the Richmond-based legal giant, will absorb the core of the defunct Jenkens & Gilchrist law firm, the Dallas-based group that closed its doors last week after settling claims that it provided legal advice justifying phony tax shelters.

Those activities were conducted out of the firm’s Chicago offices, and Wally Martinez, Hunton’s managing partner, told the Dallas Morning News, that none of the lawyers it is hiring had anything do with the fraud.

Jenkens agreed to pay a $76 million fine to resolve all civil and criminal claims against the firm.

The firm had 605 lawyers when the scandal broke in 2001, but was down to 208 attorneys in February 2007.

The new attorneys will increase Hunton’s contingent in Dallas from 70 to 157 and make it one of the largest non-Texas-based firms in that state. Five of the lawyers will be in Austin and one in Houston.

Hunton has had a substantial presence in Dallas since 2002, when it absorbed the firm of Worsham, Forsythe & Wooldridge LLP.

Hunton now has almost 1,000 lawyers in 19 offices.

In Memoriam: J. Jay Corson IV

Retired Fairfax lawyer Jay Corson served as president of both the Virginia State Bar and of the Virginia Association of Defense Attorneys. He spent 37 years practicing with McGuireWoods LLP and its predecessor firms, defending products liability and personal injury cases, until his retirement in 2000. He died last week at the age of 71, reports The Washington Post.

Pack your bar card when going to Arlington…

If you’re going into the Arlington County Courthouse, and you want to carry your cellphone, be aware that pretty soon you’re going to need to have your Virginia State Bar membership card with you.

Here’s why: Cellphones, pagers, cameras and a number of other electronic devices will be banned from the courthouse effective April 23, according to the Arlington sheriff’s department. But attorneys with a current bar card will be exempt from the ban.

If you forget your card, not to worry: The sheriff’s office will have lockers nearby to store any banned items. The Washington Post has the story.