After a judge took away a $760,000 jury verdict from a family allegedly injured by toxic mold, plaintiffs’ attorney David S. Bailey remained optimistic.
“It just means I’ve got to wait another year” for the Supreme Court of Virginia to overrule the judge and reinstate the verdict, he said in February after the decision by Richmond Circuit Judge Melvin R. Hughes Jr. Bailey is a little behind schedule but at least the Supreme Court has agreed to hear the appeal in an order entered Dec. 18.
Defense attorney Raymond J. Sinnott III won the case by first getting the testimony of Bailey’s expert on toxic mold excluded because his theories on mold exposure and treatment were not accepted by the medical community. Sinnott then argued, and Hughes agreed, that Bailey needed expert medical testimony to prove the connection between mold and the plaintiffs’ injuries.
Bailey contended in his petition for appeal that his expert should have been allowed to testify and that the testimony of the plaintiffs and a toxicologist supported the verdict even in the absence of such testimony.
He contended that his clients suffered coughing, headache, runny nose and fatigue from the effects of the mold for almost three years after they were exposed to it in a Norfolk apartment.
Wednesday, December 19, 2007
Tuesday, December 18, 2007
SCC seat becomes hot topic on hill
Suddenly a seat on the State Corporation Commission is a hot item of discussion on Capitol Hill. Two potential candidates have backed out and names of four others are being floated, according to the Richmond Times-Dispatch.
Gov. Tim Kaine announced last week he won’t fill the opening to be created by the Dec. 31 retirement of Judge Theodore V. Morrison. Both Sen. William C. Wampler Jr., R-Bristol, and lawyer/lobbyist Bernard L. McNamee II had been mentioned as possible judges; they both since have withdrawn from consideration.
Four other names now are on the table: Former Del. Ralph L. “Bill” Axselle Jr. and David W. Clarke, both lawyer/lobbyists; Chief Deputy Attorney General William C. Mims, who recently was on some lists for a seat on the Supreme Court of Virginia; and former Del. Jean W. Cunningham, D-Richmond, now chair of the State Board of Elections.
Gov. Tim Kaine announced last week he won’t fill the opening to be created by the Dec. 31 retirement of Judge Theodore V. Morrison. Both Sen. William C. Wampler Jr., R-Bristol, and lawyer/lobbyist Bernard L. McNamee II had been mentioned as possible judges; they both since have withdrawn from consideration.
Four other names now are on the table: Former Del. Ralph L. “Bill” Axselle Jr. and David W. Clarke, both lawyer/lobbyists; Chief Deputy Attorney General William C. Mims, who recently was on some lists for a seat on the Supreme Court of Virginia; and former Del. Jean W. Cunningham, D-Richmond, now chair of the State Board of Elections.
Beware of EDGAR
Junior Johnson ran a software company called PurchasePro that was based in Las Vegas.
In 2001, PurchasePro, a publicly traded company, filed a Form 10-Q with the Securities & Exchange Commission, reporting its financial results for the first quarter of that year. The feds thought that the documents were false and misleading and contained inflated revenue figures, so they sought to indict Johnson for securities fraud.
Where did they seek venue? The Eastern District of Virginia, where the servers for the SEC’s Electronic Data Gathering, Analysis and Retrieval system are located.
Johnson wanted out of the Eastern District, conceding that venue might be proper in, say, the District of Columbia, where the SEC is located. But he wanted no part of the Eastern District, where they have the “rocket docket,” among other things.
A district judge bought the venue argument, but the 4th Circuit says that use of EDGAR makes venue permissible.
Although Johnson predicted direly that any defendant anywhere in the U.S. using EDGAR could be hauled to court in Alexandria, the 4th Circuit essentially said “Piff” to that argument: Venue might be permissible in the E.D., but not every prosecution will proceed there. And there are change-of-venue rules in the FRCrP that could help, too.
Despite those assurances, every SEC filer using EDGAR might want to be aware of U.S. v. Johnson.
In 2001, PurchasePro, a publicly traded company, filed a Form 10-Q with the Securities & Exchange Commission, reporting its financial results for the first quarter of that year. The feds thought that the documents were false and misleading and contained inflated revenue figures, so they sought to indict Johnson for securities fraud.
Where did they seek venue? The Eastern District of Virginia, where the servers for the SEC’s Electronic Data Gathering, Analysis and Retrieval system are located.
Johnson wanted out of the Eastern District, conceding that venue might be proper in, say, the District of Columbia, where the SEC is located. But he wanted no part of the Eastern District, where they have the “rocket docket,” among other things.
A district judge bought the venue argument, but the 4th Circuit says that use of EDGAR makes venue permissible.
Although Johnson predicted direly that any defendant anywhere in the U.S. using EDGAR could be hauled to court in Alexandria, the 4th Circuit essentially said “Piff” to that argument: Venue might be permissible in the E.D., but not every prosecution will proceed there. And there are change-of-venue rules in the FRCrP that could help, too.
Despite those assurances, every SEC filer using EDGAR might want to be aware of U.S. v. Johnson.
Monday, December 17, 2007
Supreme Court to hear challenges to transportation plan
The Supreme Court of Virginia has granted expedited review and will hear arguments Jan. 8 on the constitutionality of regional transportation the General Assembly adopted for Northern Virginia.
That means the court will hear two related cases, Marshall v. Northern Virginia Transportation Authority, Record No. 071959 and Board of Supervisors of Loudoun County v. Northern Virginia Transportation Authority, Record No. 01979, barely four months after Arlington County Circuit Judge Benjamin N.A. Kendrick rejected the challenges.
The opponents contend, among other things, that the Virginia Constitution bars an unelected body such as the authority from imposing the taxes proposed to finance the revenue bonds specified for transportation improvements.
The Supreme Court session beginning Jan. 7 has several other cases of note, including the death penalty of a man convicted of killing a Norfolk policeman in October 2005, whether foundations at the state’s teaching hospitals have charitable immunity, and whether submission of scientific reports from the Virginia Department of Forensic Science without testimony from a technician violates the Confrontation Clause of the U.S. Constitution.
That means the court will hear two related cases, Marshall v. Northern Virginia Transportation Authority, Record No. 071959 and Board of Supervisors of Loudoun County v. Northern Virginia Transportation Authority, Record No. 01979, barely four months after Arlington County Circuit Judge Benjamin N.A. Kendrick rejected the challenges.
The opponents contend, among other things, that the Virginia Constitution bars an unelected body such as the authority from imposing the taxes proposed to finance the revenue bonds specified for transportation improvements.
The Supreme Court session beginning Jan. 7 has several other cases of note, including the death penalty of a man convicted of killing a Norfolk policeman in October 2005, whether foundations at the state’s teaching hospitals have charitable immunity, and whether submission of scientific reports from the Virginia Department of Forensic Science without testimony from a technician violates the Confrontation Clause of the U.S. Constitution.
Friday, December 14, 2007
Kaine proposes mental health improvements
Gov. Timothy M. Kaine proposed today to spend almost $42 million to improve the state’s mental health system.
Kaine made it clear that the proposals are a direct response to the massacre at Virginia Tech in April and to the recommendations of a review panel he appointed to study the incident.
“The tragedy at Virginia Tech in April of this year has drawn attention to our mental health care system in an unprecedented way,” he said at a press conference while flanked by legislators from both parties. “Now is the time for us to work together to make the changes and to provide the funding and the accountability our mental health system needs.”
A press release from the governor’s office has the details of the proposal.
Kaine made it clear that the proposals are a direct response to the massacre at Virginia Tech in April and to the recommendations of a review panel he appointed to study the incident.
“The tragedy at Virginia Tech in April of this year has drawn attention to our mental health care system in an unprecedented way,” he said at a press conference while flanked by legislators from both parties. “Now is the time for us to work together to make the changes and to provide the funding and the accountability our mental health system needs.”
A press release from the governor’s office has the details of the proposal.
New Albemarle prosecutor fires deputy
Denise Lunsford was elected Albemarle County commonwealth’s attorney last month, beating four-term incumbent Jim Camblos. As she prepares to take office, she has fired the county deputy commonwealth’s attorney, Richard Moore.
The Daily Progress reports that Moore, who held the job for four years after serving in similar post in Charlottesville for more than eight years, has been given his walking papers. Moore had supported his old boss for reelection.
Lunsford said she will promote one of the other three assistant commonwealth’s attorneys in the office to deputy and hire a replacement for that position.
The Daily Progress reports that Moore, who held the job for four years after serving in similar post in Charlottesville for more than eight years, has been given his walking papers. Moore had supported his old boss for reelection.
Lunsford said she will promote one of the other three assistant commonwealth’s attorneys in the office to deputy and hire a replacement for that position.
Thursday, December 13, 2007
Deeds announces run for governor
Creigh Deeds, the Democratic senator from Bath County who lost a tight race for Attorney General in 2005, announced this afternoon that he will run for governor in 2009, reports the Roanoke Times.
Del. Brian Moran of Alexandria also has voiced interest in heading the Democratic ticket.
Deeds potentially could have a rematch with Attorney General Bob McDonnell, who won that 2005 race by a margin of 360 votes. McDonnell has announced he will seek the GOP nod. Former Gov. and Sen. George Allen's name is in the mix on the Republican side, as is that of Lt. Gov. Bill Bolling.
Del. Brian Moran of Alexandria also has voiced interest in heading the Democratic ticket.
Deeds potentially could have a rematch with Attorney General Bob McDonnell, who won that 2005 race by a margin of 360 votes. McDonnell has announced he will seek the GOP nod. Former Gov. and Sen. George Allen's name is in the mix on the Republican side, as is that of Lt. Gov. Bill Bolling.
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