Saturday, January 08, 2005

Verizon gets cable franchises in Virginia

It says here that Verizon has applied for franchises in three Northern Virginia localities to provide video services.

Verizon is the incumbent local exchange carrier throughout most of Virginia (but not here in Washington County).

Legal malpractice insurer wins on failure to disclose

Insurance Defense Blog has this post with a link to a federal court decision applying Virginia law in which the Court held that the insurer was entitled to rescind the contract of legal malpractice insurance because the applicant had failed to disclose a claim, which had been threatened in writing. The opinion is here.

Wise County death case makes the Washington Post

The Washington Post had this lengthy account ("Mining Town Rises in Anger," 1/6/05) of the local reaction to the death of the child killed by the boulder from the strip mine in Wise County.

On the proposed Virginia law for reporting of miscarriages

As in the Gibson column linked earlier, this TalkLeft post mocks the proposed Virginia statute that would criminalize a woman's failure to report her miscarriage, and links to this ACS post and this post from the Virginia Young Democrats' site. The text of the bill, HB 1677, is here.

On the same topic is this Virginia Progressive post, which links to the Daily Kos version of this discussion.

The bill says, in pertinent part:

"When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor."

This proposal is all over the blogosphere - many posts can be found here, and some are quoting a mass e-mail from Del. Cosgrove, the sponsor of the bill. UPDATE: This post includes Del. Cosgrove's response to the young Democrats, indicating he will try to modify the bill.

Supposedly, this bill is aimed in some way at cases like this murder case from Norfolk that was recently heard before the Virginia Court of Appeals, in which there was some difficulty in proving whether the victim was born alive or dead. I don't know how a reporting requirement would have changed the behavior of the defendant in this case, who was convicted of first degree murder (and her conviction was based primarily on her own statements).

Lynchburg city courthouse restored


This picture appeared in the Lynchburg paper, which reported this week on the restoration of the cupola above the old city courthouse. Posted by Hello

The News-Advance story is here.

On brochure bills

Bob Gibson of the Charlottesville paper has this column about bills that are proposed as fodder for future campaign brochures.

The piece includes a quote from AG candidate Creigh Deeds, who said: "There are some legislators who seem to be obsessed with reproduction."

Gibson concludes: "Sometimes the General Assembly can be a pair of fun houses that offer the advantage of being divorced from reality."

General Assembly to take on spyware

The Norfolk paper reports here ("Lawmakers to take on latest high-tech hazard: spyware," 1/8/05) that the General Assembly will once again take on the world, criminalizing spyware.

What's on those trains?

The Norfolk paper reports here ("Railroad could face flood of lawsuits after S.C. wreck," 1/8/05) on liability issues facing the Norfolk Southern railroad following the recent chemical spill in South Carolina.

The Roanoke paper reports here ("S.W. Va. crews prepared for event of similar scope," 1/8/05) on efforts by Southwest Virginia emergency personnel to be prepared for like events, and here ("How do we know if danger is moving through Roanoke?," 1/8/05) on the state of local knowledge about what chemicals are contained in passing trains.

Saltville allows in-town goose hunt

The Richmond paper reports here ("Saltville allows goose hunting," 1/8/05) that Saltville, VA ("the Salt Capital of the Confederacy") will become "the first town in the western part of the state to allow goose-hunting within town limits."

The article says the Canada gees are "drawn to the town because of the salt ponds that gave Saltville its name."

Christiansburg well registers South Asian earthquake

The Richmond paper reports here ("Quake affected water in Va. well," 1/8/05) that the South Asian earthquake caused the water in a Christiansburg well monitored by the U.S. Geological Survey to rise and fall three feet:

"Strong oscillations at a 450-foot-deep well near the Round Meadow Country Club in Christiansburg in western Virginia started about an hour after the magnitude 9 quake struck some 9,600 miles away. Seismic waves travel through the Earth at about 7,400 mph."

Musgrave joins up with Redskins

Bill Musgrave sort of almost came back to Virginia, as the AP reports here that Joe Gibbs signed him up to coach for the Redskins.

Musgrave was the offensive coordinator in Charlottesville from 2001-2003.

Warner and the blogs

This AP report about Governor Warner says: "Warner's name has bubbled up in nationally syndicated columns, on political talk shows, in a December edition of Newsweek and on Web sites and Blogs as the Democratic party regroups from John Kerry's defeat and begins to debate its direction for a 2008 presidential race with no front-runner in either party. "

Court appearance results in probation and marriage with public defender as best man

The Johnson City paper has this story about the unusual court experience of a fellow named Nathan Hicks, and it says in part:

"Playing the role of Cupid, Judge Lynn Brown presided in his chambers over a ceremony that he had inspired about a half hour earlier with a pointed suggestion that Hicks marry Valerie Hammonds. The impromptu marriage featured Assistant District Public Defender Jim Lonon, Hicks’ attorney, as best man. . . .

Hicks, 30, was in court on a host of charges that ranged from public intoxication to aggravated burglary. After [Judge] Brown set one of his cases for trial, Hicks asked Brown for permission to have a few minutes to talk with [his girlfriend] Hammonds. . . .

Brown had other ideas — telling Hicks that he should marry Hammonds instead. As it turns out, Hicks and Hammonds liked the idea, and Brown told bailiffs to take the couple to the county clerk’s office to get a marriage license. First, Hammonds had to stop by an automated teller machine to obtain the money to pay the $93.50 license fee.

Then, they headed back to Brown’s chambers, where he exchanged some small talk and jokes with the couple and Lonon before he performed the ceremony. . . .

Afterward, Hicks abandoned plans for a trial, entered pleas to six crimes and was placed on probation for eight years. He had spent 218 days in jail, and Assistant District Attorney General Janet Vest Hardin didn’t bother asking Brown to make Hicks stay in jail any longer."

Friday, January 07, 2005

Virginia woman awarded $3.9 million in damages in auto case in Montana

The Billings, MT, paper reports here: "A jury in Billings has awarded $3.9 million in damages to a Virginia woman who was injured in an automobile accident in Billings."

Poverty lawyer and public defender named to VLF

The Charlottesville paper has this article ("Two local lawyers named Virginia fellows," 1/7/05) about two Charlottesville lawyers who have been named to the Virginia Law Foundation.

Thursday, January 06, 2005

James Behan picks James Kilgore

Captain's Quarters has this post citing the wisdom of "James Behan," who is said to have predicted that "James Kilgore" will carry Virginia by a wide margin in 2005.

Here is another site that has picked up on Behan on Kilgore.

Stuff I wouldn't know if I didn't read BTQ

It says here: "Strip clubs are similar to gambling houses in that ATMs are available when you run out of money but think you're just a few more dollars away from getting lucky."

Wise County murderer gets no life insurance on the victim, his wife

In Connecticut General v. Riner, Chief Judge Jones held that under either ERISA or Virginia law, Doug Riner was not entitled to the benefits of his wife's life insurance.

Judge Wilson's ruling against insurance coverage for Hotal Roanoke convention center upheld

In Hotel Roanoke Conference Center Commission v. Cincinnati Ins. Co., the Fourth Circuit in a per curiam opinion for the panel of Judges Wilkinson, Traxler, and Duncan affirmed Judge Wilson's decision in the dispute about whether there was insurance coverage for the damages sustained by Conference Center when its new building adjacent to the Hotel Roanoke went bad. The issue on appeal was whether the Commission's insurance covered its losses from what happened to the building. Paul Beers argued for the Commission and Phil Anderson argued for the insurer.

Governor Warner's new budget stiffs Virginia's circuit court clerks

This article ("Circuit Court clerks disappointed that more staffing seems unlikely," 1/6/05) from the Norfolk paper begins:

"This was supposed to be the year when the Circuit Court clerk’s staff would bounce back in size after forced layoffs, firings and furloughs in 2002.

But last month, Virginia Beach Circuit Court Clerk Tina E. Sinnen got an e-mail that dashed those hopes. She learned that Gov. Mark R. Warner’s budget for the coming year would not include more money for court clerks."