Local Law Blogs

Ouch

Posted on September 30, 2008
The Bristol paper has this account of the post-trial rulings taking away the verdict in favor of Buchanan County in the Big Coon Dog case, with various philosophical quotes from me.Not too long ago, Chief Judge Jones took away a verdict on my motion, in another case...

Why Montgomery County is suing over the proposed intermodal facility at Elliston

Posted on September 26, 2008
This press release states the County's position.The constitutional provision at issue, Art. X, section 10, provides:"Neither the credit of the Commonwealth nor of any county, city, town, or regional government shall be directly or indirectly, under any device or pretense whatsoever, granted to or in aid of any person, association, or corporation; nor shall the Commonwealth or any such unit of government subscribe to or become interested in the stock or obligations of any company, association, or corporation for the purpose of aiding in the construction or maintenance of its work; nor shall the Commonwealth become a party to or become interested in any work of internal improvement, except public roads and public parks, or engage in carrying on any such work; nor shall the Commonwealth assume any indebtedness of any county, city, town, or regional government, nor lend its credit to the same...

On that Kansas City firm

Posted on September 26, 2008
This article on the Shook Hardy firm explains the firm's origins:"The firm traces its roots back to 1889, when Frank Payne Sebree, a Marshall, Mo., lawyer looking to build his practice in a bigger city, moved to Kansas City and set up shop in a third-floor walkup with another solo practitioner...

That's one theory

Posted on September 20, 2008
This article in the Washington Post ("After Va.'s Losses In Court, a Flurry Of Finger-Pointing," by Jerry Markon, Saturday, September 20, 2008; Page B01) suggests that a string of successful constitutional challenges to recent Virginia statutes could be either a coincidence or the result of "the General Assembly's willingness to pass aggressive measures that are more likely to face a constitutional challenge...

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Comparing the financial markets and the telecom markets

Posted on September 19, 2008
This article says - if you leave the telecommunications companies to their own devices on net neutrality, they will screw things up as bad as the financial companies have done, for the same reasons - because the laws are relics of the Depression era, and inadequate in the modern age to ensure some minimum protections for the public.

On arguing in the Sixth Circuit on Tuesday

Posted on September 18, 2008
All I can say is that it was really fun, arguing an appeal is about the most fun you get as a lawyer, the opportunity to see if you can for a few minutes respond effectively to sharp questions from strong judges.In the Sixth Circuit, you are told the makeup of the panel in advance...

Article by Judge Wilkinson

Posted on September 15, 2008
Legal Theory Blog has this post about an article by Judge Wilkinson of the Fourth Circuit, now available on SSRN. The title is Of Guns, Abortions, and the Unraveling Rule of Law.

On arguing tomorrow in the Sixth Circuit

Posted on September 15, 2008
It says here that the panel who will hear my argument (right here in Cincinnati) tomorrow includes Judges Clay and Kethledge, and District Judge Oliver from the N.D. Ohio.Having requested oral argument in this Title VII case, and feeling lucky to get it, I can only hope that the opportunity to advance the case is not wasted...

Don't squeeze the officers

Posted on September 09, 2008
Read this article ("Beach lawyers advised to stop patting officers on the back") and every one of the comments, about the "problem" of familiarity between defense lawyers and traffic cops.The judges not the officers are the ones I watch.I remember one time sitting in the courtroom and Judge Brown dismissed a case and called the old trooper up to the bench and said essentially this, I thought we both were going to retire before I dismissed a single one of your cases, meaning to compliment the trooper but leaving me somewhat discouraged.

Another story on the Buchanan County case

Posted on September 03, 2008
People who ask me what came of the Buchanan County case can read the latest in this story by Daniel Gilbert.

Chief Justice Roberts and James Madison

Posted on September 03, 2008
USA Today reports here that the Chief Justice will speak at the ceremony marking the restoration of James Madison's home called Montpelier, on September 17.

Highlight from last week

Posted on September 02, 2008
Last week, I had a hearing before Judge Turk, in his library in Roanoke.And, Baby Girl was right there with us, checking the scene, echoing the judge's sentiment that it was good to see us all.That would be the way to do it, be a judge and take the dog to court.

And, Jerry Fuhrman said . . .

Posted on September 01, 2008
"Do you suppose the Washington Post would have written this (in "Mr. McCain's Choice") if Tim Kaine (who has no more political experience than Sarah Palin does) had been chosen to be Obama's running mate?"- from this From on High post.

She said it

Posted on September 01, 2008
"Smith makes women feel like they can do anything. . . . Randolph-Macon used to do that."Mother of former student at Randolph-Macon, one of the plaintiffs in the litigation against the school, quoted here.

On picking up the deer that ran away

Posted on September 01, 2008
It says here:"Virginia is the only state that has a right to retrieve law, allowing hunters to do so."

Wow, not even close

Posted on September 01, 2008
I was there for the U.S.C. Trojans game, and it was the worst I've seen in person since the 1980s.

Crohn's patients' voices

Posted on August 28, 2008
I listened to everyone of these, patient voices on the New York Times website.Fortunately, what similar tales I have mostly are no longer told in the present tense.Knock on wood.

Do it like they do on the Travel Channel

Posted on August 28, 2008
Tomorrow, after court and in the middle of the day, I'll be driving up the road past Lexington and Berky's Restaurant at the Lee Hi truckstop, and I did see their story on the Travel Channel.

On the late Rogers Stuart

Posted on August 25, 2008
Here is the obituary for George Rogers Clark Stuart, a former VBA president and long-time Southwest Virginia lawyer.It says in part:"George Rogers Clark Stuart, age 83, a well-known Abingdon resident, died Aug. 23, 2008.Mr. Stuart grew up in Abingdon, which was his lifelong residence...

Two mysteries

Posted on August 25, 2008
Here are two things I wonder:1. Why doesn't the website for the Attorney General's office have on it some convenient directory like this one?2. Why is this directory of lawyers in the Attorney General's office in the local court rules section of the Richmond bar website?

From the archives

Posted on August 20, 2008
A real live e-mail exchange, with a member of the press from years ago:From: O'Donna Ramsey [mailto:oramsey@coalfield.com]Sent: Tuesday, March 27, 2001 3:24 PMTo: Steve MinorSubject: Re: Monopolization on the Coalfields ExpresswaySteve: Don't you have people to sue?As you pointed out, monopolizing is probably not the appropriate word, butthat's what they say they are doing...

Judge Williams in Travel and Leisure magazine

Posted on August 20, 2008
The September 2008 edition of Travel & Leisure magazine includes this article about Southwest Virginia, and the article includes some substantial reference to Judge Glen Williams. The print version, just arrived, includes a fine picture of the Judge and his wife in Jonesville...

When is sugar not sugar

Posted on August 13, 2008
Yesterday's post resulted in the receipt of this story, said to be true:"An ex-boyfriend was charged with putting sugar in his ex-girlfriend's gas tank. She saw him doing it and called the police. The police stopped his vehicle and found a gallon jug nearly full of sugar...

When is a firearm not a firearm

Posted on August 12, 2008
VLW Blog links here to this opinion from the Court of Appeals, in which the panel of Judges Kelsey and Petty and Senior Judge Bumgardner granted a writ of innocence.And, the basis was evidence that the firearm was not a firearm.Which makes me think of a case years ago, where a Bristol lawyer was defending somebody charged with transporting a truckload of marijuaa, and he was going to try to prove that the stuff was not marijuana, and I think the plan was that since he had no expert witness he offered to prove this at trial by putting some in the Commonwealth's Attorney's pipe to see what would happen.

On trees and mining

Posted on August 11, 2008
The Bristol paper reports here on last week's proceedings in the Sierra Club case, including some quotes attributed to me.Then, the same paper published a front-page story in the paper today, with the bold prediction that mountain-top mining will be outlawed by the end of 2009.

So long, Skip Caray

Posted on August 04, 2008
Who knows how many nights I've driven home from Bristol listening to the Braves on the radio, with Skip Caray making the call.One of his calls that gives me a chill every time I see and hear it replayed on TV is described here, from the 1992 playoffs: "Here comes Bream! Here's the throw to the plate! He iiiiiiiisssssssss ...

Fourth Circuit reverses NLRB on union decertification arising out of Wise County

Posted on July 25, 2008
In NLRB v. Mullican Lumber and Manufacturing, the Fourth Circuit in a published opinion by Judge Niemeyer, joined by Chief Judge Williams and District Judge Williams from Maryland, denied the NLRB's petition for enforcement and granted the company's cross-petition for review, concluding that the unfair labor practice charges against Mullican over its facility in Norton were deficient because the company had sufficient evidence that the majority of its employees there no longer wanted to be represented by the UMWA.

Oliver Hill's old home in Roanoke to become legal aid office

Posted on July 22, 2008
The Roanoke paper reports here that a childhood home of civil rights litigator Oliver Hill will become an office for Blue Ridge Legal Services.

More on the Dr. Shelburne case

Posted on July 22, 2008
Here is a anti-prosecution post about the Shelburne case, and here is the latest from the Bristol paper, about how the U.S. has noticed an appeal on the money laundering charges that were thrown out based on the Santos decision.

Just in case you were wondering

Posted on July 22, 2008
A panel of the D.C. Circuit has held in Adams v. Rice that "engaging in sexual relations" qualifies as a "major life activity" for purposes of the Rehabilitation Act.

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