Roanoke Is Back On The Map

Politico Magazine has published a very good story about the rebirth of Roanoke's downtown and its transformation from a railroad ghost town to a vibrant, outdoorsy, high-tech city.

I have commented before about how the changing economy in cities like Charlottesville and Roanoke would change the legal community as well as the reputation and docket in the Western District of Virginia.  Just as UVa has played a large role in Charlottesville's "innovation" economy, Roanoke's economic growth is fueled in large part by nearby Virginia Tech and its investment in the new medical school and neuroscience institute.  This technology driven growth means that the Western District of Virginia will continue to see more complex business litigation and intellectual property related disputes.

On a personal note, this sentence in the article's lede took me by surprise: "A decade ago, the U.S. Census counted 15 people living in Roanoke's downtown."  It seems I was one of those 15 people.  Actually, it was more than a decade ago, while clerking for Judge Wilson, I lived in a small apartment a couple blocks away from the federal courthouse, close to Center on the Square.  Back then, most people thought I was crazy to live downtown, but now I look like a trendsetter!  

UVa Student's Lawsuit Against ABC to Continue

Looks like Bud Light to me!

Part of a UVa student's $40 million lawsuit against ABC agents has survived the defendants' motion to dismiss.  The well publicized case arose out of an incident in the parking lot of the Harris Teeter in Barrack's Road Shopping Center in Charlottesville.  Undercover ABC agents attempted to arrest the UVa student when they mistook her sparkling water for beer.  Frightened and confused by the ABC agents, the UVa student drove off in her car as the ABC agents banged on the window and drew a firearm.  After calling 911 to report the incident, the UVa student was arrested for assaulting the agents and spent a night in jail before prosecutors quickly dismissed all charges.  The UVa student is now suing the ABC agents and the State for a variety of claims, many of which were dismissed by Judge Hudson's ruling on the motion to dismiss.  However, Judge Hudson allowed the claims for false arrest, malicious prosecution and assault against three of the seven ABC agents to continue.  Judge Hudson also directed her attorneys to merge those claims into a claim that the plaintiff's constitutional rights had been violated.  The claims against the State and claim for conspiracy to commit false prosecution were dismissed.  Although the case arose in Charlottesville, the case is pending in the Richmond Division of the Eastern District of Virginia.  More information can be found in the Richmond Times Dispatch article about Judge Hudson's ruling.

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.