The VLW Blog

The Washington Post reports that the U.S. Supreme Court has removed its bar to Virginia’s planned execution of Danville murderer Christopher Emmett. The move sharpens the focus on the 4th Circuit, which is considering Emmett’s challenge to the method of execution.

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The U.S. Senate Judiciary Committee yesterday unanimously reported to the full Senate the nomination of Virginia Supreme Court Justice Steven Agee to the 4th U.S. Circuit Court of Appeals. Chairman Patrick Leahy (D-Vt.) proclaimed, “The Senate is now poised to confirm Agee before the Memorial Day recess, breaking through years of delay….”
Leahy did not […]

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It’s a banner week for Newport News lawyer Len Bennett. He’s on the winning side in two federal decisions interpreting the Fair Credit Reporting Act. The big news is the 4th Circuit’s opinion in Saunders v. Branch Banking and Trust Company of Virginia, where the court affirms an award of $80,000 in punitive […]

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President Bush nominated federal district Judge Glen E. Conrad of Roanoke to a seat on the U.S. 4th Circuit Court of Appeals on Thursday. The Associated Press has the story.
Conrad has been a judge on the U.S. District Court for the Western District of Virginia since 2003. From 1976 to 2003, he was […]

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The nomination of Virginia Supreme Court Justice Steven Agee to the federal appeals bench has turned into a political football as U.S. senators wage their long-running battle over judicial nominations. Despite the wrangling, however, there is no suggestion that the prospects for Agee’s confirmation are threatened.
The skirmishing plays out against a background of political […]

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President Bush yesterday nominated Virginia Supreme Court Justice G. Steven Agee to a seat on the 4th U.S. Circuit Court of Appeals.
Agee would take the seat vacated by Judge J. Michael Luttig in 2006 when he left the court to take a job a Boeing.
Bush previously nominated Richmond lawyer E. Duncan Getchell for the […]

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An employee who claims his 401(k) account lost value can sue the plan administrator for failure to follow the employee’s investment instructions.
On Feb. 20, the U.S. Supreme Court said in LaRue v. DeWolff, Boberg & Associates Inc. that the employee’s allegations stated a claim for breach of fiduciary duty in violation of § 502(a)(2) of […]

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Effective April Fool’s Day, lawyers can start electronic filing of documents in the 4th U.S. Circuit Court of Appeals.
The Richmond-based appellate court has served notice of its proposed adoption of Administrative Order 08-01 for a case management/electronic filing system. ECF systems already are in place in federal district and bankruptcy courts in Virginia.
The e-filing system […]

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Richmond lawyer E. Duncan Getchell Jr. has acknowledged the obvious and asked President George W. Bush to withdraw his nomination to the 4th U.S. Circuit Court of Appeals.
Bush nominated Getchell in September to fill the vacancy created by the death of Judge H. Emory Widener Jr., but he was not among candidates recommended jointly for […]

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The federal criminal case of former Lynchburg Mayor Carl R. Hutcherson Jr. is over.
Hutcherson was convicted last year of fraud and other counts but appealed those convictions to the 4th U.S. Circuit Court of Appeals. The government also appealed, contending that the sentence imposed by U.S. District Judge James C. Turk was unreasonable.
Federal sentencing guidelines […]

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