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Southwest Virginia Law Blog 

Items of interest to lawyers in Southwest Virginia and beyond.
Post Frequency: 2.3/day Last Entry: July 09, 2020 at 12:40:00 Recent Entries: 430
By Steven R. Minor
Go to Southwest Virginia Law Blog, find other Local Law Blogs blogs, or browse all law blogs.
New magistrate judge to serve in Southwest Virginia
Posted on May 07, 2008This order says that in recognition of the caseload coming out of the Cumberland Gap park, a magistrate judge shall be empowered to handle cases from Tennessee, Kentucky, and Virginia - and it will be any full-time magistrate judge from the Eastern District of Kentucky.
Grad student's suit fails to pass
Posted on May 07, 2008In Brown v. Rector and Visitors of the University of Virginia, Judge Moon granted the motion to dismiss from the defendants in a case filed by an ex-graduate student.And, it is a case study of the hurdles to stating a claim against a state school: (1) there is some talk about Bell Atlantic v...
He said it
Posted on May 05, 2008"When Justice Agee is confirmed as a federal circuit judge, the Fourth Circuit will have fewer vacancies than at the end of the Clinton administration."Sen. Patrick Leahy, on the occasion of last week's Judiciary Committee hearing for Justice Agee's nomination to the Fourth Circuit...
Max and Gina
Posted on May 05, 2008Max Lawson and his girlfriend Gina, who both have worked here off and on, have this website about their wedding, coming up next month.They mailed the invitations with postage bearing their photo and web address, made here.
Chief Judge Jones rejects liberty interest claim
Posted on May 05, 2008The Constitution protects against deprivations of life, liberty, and property without due process of law.Somewhere along the way came the notion that the concept of liberty includes freedom from being bad-mouthed by the government, but there's more to it than that, as evidenced by the ruling in April by Judge Jones in Etter v...
Voice of Cavaliers quits
Posted on May 01, 2008This piece by Doug Doughty says that Mac McDonald has resigned.Maybe they will rehire Warren Swain away from the Ohio U. Bobcats.Oops, someone on the boards has already suggested this.
On Conrad and Matthews
Posted on April 30, 2008It says here that Senators Spector and McConnell are trying to shame Chairman Leahy into scheduling hearings on Fourth Circuit nominees Conrad and Matthews.
Davis gets past committee
Posted on April 30, 2008Mark S. Davis has been approved by the Senate Judiciary Committee for confirmation to a seat on the E.D. Va., according to this report, which says the other pending E.D. Va. nomination is still waiting action.
Rehearing in the spam case
Posted on April 30, 2008It is reported in this Media General story that the Virginia Supreme Court has agreed to a rehearing in the case of the man convicted under the spam statute, the subject of a 4-3 decision by the Court.
Christiansburg lawyer indicted for forgery
Posted on April 30, 2008The Roanoke paper has this article on the forgery indictment against attorney Gerard Raymond Marks.The article notes:"In September, Circuit Court Judge Joey Showalter issued an order indefinitely barring Marks from practicing in the 27th Circuit, which includes the counties of Bland, Carroll, Floyd, Giles, Grayson, Montgomery, Pulaski and Wythe, and the city of Radford...
He said it
Posted on April 27, 2008"I expect the Judiciary Committee and the Senate will proceed promptly to consider and confirm Justice Agee?s nomination with the support of Senator Warner and Senator Webb."Senator Leahy, April 3, 2008.
Justice Agee to the front of the line
Posted on April 25, 2008Justice Agee's nomination now has a hearing before the Senate Judiciary Committee set for May 1, which has some Republicans complaining about the lack of hearings for those who were nominated before him.
Ah, the evil zombies
Posted on April 25, 2008"The appointment of the receiver removed the wrongdoer from the scene. The corporations were no more Douglas's evil zombies. Freed from his spell they became entitled to the return of the moneys-for the benefit not of Douglas but of innocent investors-that Douglas had made the corporations divert to unauthorized purposes...
On Judge Farmer's position
Posted on April 25, 2008Daniel Gilbert has this article about the legislature failure to fill the juvenile judgeship in the 29th district.As regards the prospect that the circuit court judges will reappoint Judge Farmer, Senator Puckett is quoted as saying, somewhat ominously, "The judges in the 29th Circuit could have an opportunity to reappoint him if they think I?ve made a bad judgment...
Three federal appeals court judges before Memorial Day?
Posted on April 24, 2008This post and this post, among others, say there is a deal in the Senate to confirm three judges to the United States Courts of Appeals before Memorial Day, later this month.The unknown - which ones.
Sort of a Virginia book I got in Charlottesville
Posted on April 24, 2008Playing with Wikipedia, I wrote the little article on a judge of the W.D. Va. named Alexander Rives, who was the brother of William Cabell Rives, who was the grandfather of Amelie Rives, whose marriage to John Armstrong Chanler is the subject of Archie and Amelie: Love and Madness in the Gilded Age, by Donna M...
The General Assembly has spoken
Posted on April 24, 2008In Southwest Virginia, as someone told me a while back, Judge Pat Johnson got the circuit court job in the 29th circuit, Greg Matney from Tazewell County got the general district court job, and nobody got Judge Farmer's job on the juvenile court, which may mean that he gets to keep it until next year...
Virginia wins again
Posted on April 23, 2008Today in Virginia v. Moore, the Commonwealth won before the United States Supreme Court. In an opinion by Justice Scalia, with Justice Ginsburg concurring separately in the judgment, the Supreme Court reversed the Virginia Supreme Court's decision in Moore v...
On ex parte contact with ex-employees
Posted on April 23, 2008I read the opinion by Judge Kiser in Bryant v. Yorktowne Cabinetry, granting summary judgment in a Title VII case.The opinion referenced an earlier decision by Magistrate Judge Urbanski that I missed. In this earlier Bryant v. Yorktowne Cabinetry, Judge Urbanski denied the defendant's motion for an order prohibiting ex parte contact between the plaintiff and the defendant's former employees, distinguishing the earlier decision by Judge Sargent in Armsey v...
I saw an appeals court judge on the street today
Posted on April 22, 2008She said, put that on your blog.And why not? That doesn't happen every day, or even every year.Last year, my wife saw this judge and her gang one afternoon, and she told me later that family was having more fun than anyone else at the Homestead that day...
On concealed weapon permits
Posted on April 21, 2008This article in the Bristol paper makes it look like Judge Freeman is adding some extra-statutory factors in his disposition of concealed weapon permit cases in Smyth County.The article didn't say why the two guys over age 75 decided now was the time to get a permit...
Important decision for small business
Posted on April 21, 2008In Jennings v. Kay Jennings Family Limited Partnership, issued last week, the Virginia Supreme Court took on for the first time the meaning of the requirements to bring a derivative action under Va. Code 50-73.62.That section says: "A limited partner may bring an action in the right of a limited partnership to recover a judgment in its favor to the same extent that a stockholder may bring an action for a derivative suit under the Stock Corporation Act, Chapter 9 (§ 13...
More Brownlee articles
Posted on April 18, 2008Here are other articles about John Brownlee moving on, from the BLT, Rocktown Weekly, the Roanoke Times, the Richmond paper, and The Hook.I discussed this over breakfast at Bodo's with Dana. She said that if he runs in 2009, she will let me put up a sign for him in the front yard.
Where's Waldo?
Posted on April 18, 2008We're in Charlottesville this weekend, but didn't make it anywhere near the Rotunda, or wherever it is that Waldo Jaquith does his webmastering.Instead, we're roughing it out here at the Boar's Head, up from Birdwood.Years ago, I was playing golf with Scott Michaux at the newly-opened Birdwood course, when he made his first eagle on the second hole or whatever is the first par 5 alongside the lake, but he said the joy of the moment was somewhat dulled by the fact that I scored a 12...
Brownlee to resign
Posted on April 17, 2008The Roanoke paper reports that John Brownlee is moving on from his position as U.S. Attorney. The article does not say what he plans to do next.
End the moratorium
Posted on April 16, 2008The Supreme Court has ruled on the lethal injection case that has been holding up death penalty cases in Virginia and elsewhere, the opinion issued today in Baze v. Rees (argued on January 7) is here. And, the vote was 7-2, or maybe it was 2-1-2-1-1-2...
Not much going on here
Posted on April 14, 2008I've got the trial coming up in June in the Buchanan County RICO case, and so it consumes much of my waking hours.But - I have written a few more Wikipedia entries. Some of them are on this partial list of delegates to the Virginia Constitutional Convention of 1901-02...
The "coalfield" article in today's WSJ
Posted on April 14, 2008I've seen a few articles like this one in other places. It begins: "The race for the Democratic nomination hinges on a handful of states where coal is still king," and goes on to make some point about the Virginia City power plant.
Stuff I think I know about summary judgment
Posted on April 04, 2008I know this:"Corroboration is not required to defeat summary judgment. See, e.g., S.E.C. v. Phan, 500 F.3d 895, 909-10 (9th Cir. 2007) (district court erred on summary judgment by disregarding evidence that was ?uncorroborated and self-serving?); Shekoyan v...
Wise County Circuit Court opinion from April 1, 1991
Posted on April 04, 2008Dear Counsel:This is a case of unique species,not stare decisis, but stare feces.The court had serious fun with these complex issues as it spoke,but this opinion, signed the first, is no April Fool joke.The court considered the entire record as a whole,and reviewed counsel arguments as they were told...
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Does an employer have an obligation to honor a two week notice from an employee?
It is customary to submit a two weeks notice--it is not a legal requirement to d...
I am a 58 year old mentally disabled person. My neighbor is a 26 year old man who has been harassing me and my husband for 6 months. What can I do?
In most areas, this man's behaviour, when it involves direct confrontations...
I am looking for a health insurance policy for my family in Virginia? Any suggestion on where and what to look for?
I would like to recommend a new entrant named hentive. They are offering some of...
How do I find out if the state of virginia is selling sex offender Email Addresses to social net working sites.
KnowBrainers is a social question & answer community that saves you time, le...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...

Does an employer have an obligation to honor a two week notice from an employee?
It is customary to submit a two weeks notice--it is not a legal requirement to d...
I am a 58 year old mentally disabled person. My neighbor is a 26 year old man who has been harassing me and my husband for 6 months. What can I do?
In most areas, this man's behaviour, when it involves direct confrontations...
I am looking for a health insurance policy for my family in Virginia? Any suggestion on where and what to look for?
I would like to recommend a new entrant named hentive. They are offering some of...
How do I find out if the state of virginia is selling sex offender Email Addresses to social net working sites.
KnowBrainers is a social question & answer community that saves you time, le...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...








