2011 Annual Report - Virginia Attorney General

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2011 REPORT OF THE ATTORNEY GENERAL
conditional release of sexually violent predators. The Division also contains the
Division of Debt Collection, which is responsible for providing all legal services and
advice related to the collection of funds owed to the Commonwealth. In addition, the
Division pursues civil enforcement actions pursuant to Virginia’s consumer
protection and antitrust laws, represents the interests of the citizens of the
Commonwealth with regard to the conduct of charities, and serves as Consumer
Counsel in matters involving regulated utilities, including cases pending before the
State Corporation Commission. Finally, the Division provides legal advice to the
agencies and institutions of state government on risk management, employment,
insurance, utilities, and construction issues and serves as counsel to Virginia’s
judiciary and the Virginia State Bar.
Trial Section
The Trial Section of the Civil Litigation Division handles most of the civil
litigation filed against the Commonwealth. The cases defended include tort claims,
civil rights issues, contract issues, denial of due process claims, defamation claims,
employment law matters, election law issues, Birth Injury Fund claims, Freedom of
Information Act challenges, contested workers’ compensation claims, and
constitutional challenges to state statutes. The Section also represents the
Commonwealth in matters involving Uninsured Motorists/Under Insured Motorists
and the Birth-Related Neurological Injury Compensation Program. The Section also
provides support to the Solicitor General’s office on major litigation, such as the
healthcare suit and any suits that arise out of the decennial redistricting. The Trial
Section consists of three Units: General Trial Unit, Employment Law Unit, and
Workers’ Compensation Unit.
General Trial Unit
In 2011, the General Trial Unit received 242 new suits in addition to the matters
continued from prior years. Significant cases that the Unit worked on during 2011
include several defending Virginia Tech. The Unit continued defending the wrongful
death suits filed by two families as a result of the April 16, 2007 shootings. The court
dismissed all of the Virginia Tech defendants except the Commonwealth. In a related
matter, Unit attorneys represented Virginia Tech before the United States Department
of Education in a hearing appealing a fine imposed upon Virginia Tech for allegedly
failing to timely issue a warning about the first murders on campus. The Unit
successfully defended a suit arising from the murder of one Virginia Tech student
who was killed by a fellow student and settled a wrongful death action brought by
parents who alleged that Virginia Tech failed to prevent the suicide of their son who
was living off-campus.
The Unit also handled Educational Media v. Swecker, a suit brought by the
University of Virginia and Virginia Tech student newspapers challenging the
constitutionality of ABC regulations that restrict the advertisement of alcohol in
college student publications. The district court found the regulations to be facially
unconstitutional and issued a permanent injunction. On appeal, the Fourth Circuit
reversed and remanded the matter for further proceedings. The newspapers’ petition
for rehearing and rehearing en banc was denied, and their petition for certiorari was
denied. We continue to defend the issues remaining on remand to the district court.