"Happiness Is The Truth"

Charlottesville, Virginia has been named the happiest city in the United States.  It also will be home to the newest (unofficial) office of Womble Carlyle.  Coincidence?  Yes, probably.

A recent study from a Harvard professor ranked Charlottesville as the happiest city in the US.  Just down the road, Richmond was rated the "most contented" metropolitan area with over one million people.  Norfolk/Virginia Beach, hometown of the "Happy" songwriter Pharrell, came in second.  There must be something about Virginia!

The study suggested that people are willing to sacrifice happiness if the price is right. "Indeed, the residents of unhappier metropolitan areas today do receive higher real wages -- presumably as compensation for their misery."  Which explains Northern Virginia.  Just kidding!

In unrelated news, I'm happy to announce that Womble Caryle will soon be opening a new office space in Charlottesville to serve as a staging area for Virginia-based litigation outside of the Washington beltway.  Charlottesville is one of the headquarters of the Western District of Virginia.  Additionally, from this central location, an attorney can travel to just about any courthouse in the Commonwealth in under two hours.  The location and opening date for the "Charlottesville office" have not been finalized.  I will announce more after the details are worked out.

WDVa Judge Certifies Class Action in Same Sex Marriage Case

Judge Michael Urbanski has certified as a class action a lawsuit challenging Virginia's constitutional ban on same-sex marriage.  This WDVa lawsuit, filed by the ACLU on behalf of two Shenandoah Valley couples, is proceeding parallel with a similar action in the EDVa (Norfolk).  Given the speed of the "rocket docket," the EDVa case is expected to be decided before the WDVa action, although both are destined for review by the Fourth Circuit.

Newly sworn-in Attorney General Mark Herring made news last week by deciding not to defend the ban because he wanted to put Virginia "on the right side of history."  Herring specifically referenced Virginia's sordid history opposing school desegregation, opposing interracial marriage, and insiting upon single-sex education at Virginia Military Institute.

As a native Virginian, I remember some of these battles and live with the history of others.  For example, my daughter goes to one of the public schools that Governor Lindsay Almond decided to close in 1958 instead of obeying federal Judge John Paul's order to desegregate Lane High School and Venable Elementary in Charlottesville, Virginia.  Massive resistance is a dark stain on Virginia's proud history.  Regardless of how the same-sex marriage cases are resolved, I am confident that we will not have the same state political resistance to federal court rulings.

Notable Virginia Supreme Court Rulings

The Supreme Court of Virginia issued several notable opinions this week.

The Supreme Court reversed a Portsmouth judge's ruling striking down new tolls on the Midtown Tunnel between Norfolk and Portsmouth.  Look at a map of the area and you'll see why tunnels are so important and controversial in Hampton Roads (the geographic area).  The Elizabeth River may look small compared to Hampton Roads (the water), but its hard to get around.

The Supreme Court upheld Charlottesville's Judge Hogshire's ruling banning cameras at the sentencing hearing of George Huguely, the UVa lacrosse player convicted of murder.

The Supreme Court overturned the jury verdict in the wrongful death lawsuit against the Commonwealth regarding the April 2007 mass shooting at Virginia Tech.  The Court held that there was no duty for state officials to warn students about the potential for criminal acts by third parties.

The Supreme Court declined to hear a ruling from Fairfax County Circuit Court dismissing a claim against real estate developers regarding telecommunications agreements entered into by the homeowners association.  Perhaps not as newsworthy as the other cases, but this ruling was important to me since I represented the appellees.