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Presentation on School Modernization Legislation Passed by the 2019 General Assembly

  • Events

On April 10, 2019 Gentry Locke Partner Chip Dicks presented information to attendees of the Tom Tom Conference on using solar energy and the creativity of the private sector to enable localities to better address public school building needs. Below are Chip’s comments.

Delegate Nick Rush and Senator Bill Stanley sponsored transformative legislation to create a new paradigm for building public schools and facilities, using solar energy and the creativity of the private sector.

The private sector has come forward with a tool in the toolbox for localities to help address public school building needs. The private sector has showed us how using energy-positive schools can save about one-third of the cost of the traditional model of building public schools. This private sector business model also uses Federal Investment Tax Credits for Solar installation, Federal New Market Tax Credits, and Federal Opportunity Zones to help reduce the debt service and operational costs so the total cost savings can be more than 50%.

The legislation provides that is it the legislative intent that public schools be built as energy-positive buildings. We need to use such tools to make taxpayer dollars go further.

Since lawyers and financial advisors need to provide opinion letters on these types of deals, this legislation provides statutory authority for localities to work with private developers under existing procurement methods, so the opinion letters can be based upon the statutory law.

Finally, this legislation provides two financing options for private developers: local IDAs or EDAs and the Virginia Small Business Financing Agency.

These two pieces of legislation become effective on July 1, 2019.

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26 Gentry Locke attorneys named 2019 Virginia Super Lawyers or Rising Stars

ROANOKE, Va. (April 10, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that 26 of the firm’s attorneys were selected for inclusion in the 2019 Virginia Super Lawyers® lists. Attorneys were nominated by their peers and recognized for their outstanding professional achievement in several legal practice areas including appellate law, business/corporate law, business litigation, construction litigation, criminal defense, employment law and litigation, health care, land use and zoning, mergers and acquisitions, personal injury, professional liability, and tax law. Seven of the 26 were elected Virginia Super Lawyers Rising Stars—attorneys who are 40 years old or younger, or […]

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Gentry Locke Announces $112.5 Million Settlement in Landmark FCA case against Duke University

**** FOR IMMEDIATE RELEASE **** March 25, 2019 The law firms of:  Gentry Locke, P.O. Box 40013, Roanoke, Virginia, 24022; Attn. Matt Broughton, Esq., 540-520-8510; Broughton@gentrylocke.com;  Healy Hafemann Magee & Thomas, P.O. Box 8877, Roanoke, Virginia, 24014; Attn. John R. Thomas, Esq., 540-759-1660; jt@hhm.law; and  Brooks Pierce, P.O. Box 26000, Greensboro, N.C., 27420; Attn. D.J. O’Brien, Esq., 336-271-3194; Dobrien@brookspierce.com, are pleased to announce a settlement in the landmark False Claims Act case of : United States ex rel. Thomas v. Duke University, Case No.: 1:17-cv-276-CCE-JLW, United States District Court for the Middle District of North Carolina. On […]

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Gentry Locke personal injury team earns $2.1M settlement in death cases

ROANOKE, Va. (April 2, 2019) – Gentry Locke attorneys Gregory D. Habeeb, Andrew D. Finnicum, and Travis J. Graham recently obtained a $2.1 million settlement in a commercial vehicle crash that took the lives of two siblings in Scott County, Virginia. Gentry Locke represented the estates of Regina Spivey, 39, and Doug Clark, 47. The victims were killed instantly in a March 2017 crash involving their vehicle and a Kingsport Heating and Air Conditioning van driven by Robert S. Taylor, who entered an Alford plea to two counts of DUI involuntary manslaughter last summer. Kingsport Heating and Air Conditioning, a […]

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Tips Not Subject to Garnishment

What seemed like a small garnishment matter in Roanoke City General District Court could have had drastic implications to Virginia’s restaurant industry, but Gentry Locke was able to successfully defend a national restaurant chain from having to garnish its employee’s tips. The facts started out in a typical fashion: the Restaurant received a garnishment summons for one of its tipped employees and responded to the summons, indicating that the employee did not earn enough wages to be garnished. As is the required minimum, and standard in Virginia, the tipped employee made $2.13/hour, well below the statutory limits on garnishment. The […]

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Managing Partner Monica Monday named VBA Appellate Practice Section Chair

ROANOKE, Va. (March 30, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Managing Partner Monica Taylor Monday has been named chair of The Virginia Bar Association’s (VBA) Appellate Practice Section. Monica’s two-year term commenced in January 2019. The VBA’s Appellate Practice Section is one of 19 sections established to connect practitioners in specific areas of law. The Appellate Practice Section sponsors CLE programs designed to improve the level of appellate advocacy in the Commonwealth, and compiles On Appeal, a newsletter containing matters of interest to lawyers who practice in the appellate courts. The Section also considers […]

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Virginia Workers’ Compensation Fee Schedule: Prompt Payment Traps for the Unwary

Virginia law regarding prompt payment under the Fee Schedule seems simple enough. In essence, the workers’ compensation carrier/employer has 45 days after receipt of a medical bill itemization to: Contest the bill; Deny the bill; Notify the healthcare provider that the bill is considered incomplete. If the employer/carrier does not contest, deny, or consider the bill incomplete, it must pay the healthcare provider in full within 60 days after receipt of the medical bill itemization. (§65.2-601(A) and (B)). In those instances where the employer/carrier issues a notification to the healthcare provider, then notification must include the following information: “The reasons […]

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Show Me the Money: Recent Developments Concerning Attorneys’ Fees in Virginia & Practical Tips

This article, co-authored by Kirk M. Sosebee and Alicha M. Grubb, appeared in the Spring 2019 issue of the VBA Journal. Click here to read the formatted publication version in PDF. Attorneys’ Fees in Virginia Attorneys’ fees are a topic near and dear to lawyers’ hearts. After all, what could be more important than getting paid for the work we do? And what could be better than forcing the other party to pay our fees? In construction cases, as in all litigation, attorneys should keep the prospect of attorneys’ fees in mind, and should pay close attention to recent developments […]

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Gentry Locke Partner Anthony Russell wins unanimous jury verdict for victim of oral surgery; selected as Fellow by LCA

ROANOKE, Va. (March 15, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Partner Anthony (Tony) M. Russell has earned a unanimous $625,000 jury verdict in David and Summer Piller v. Corey C. Crigler, a/k/a Corey C. Burgoyne, D.M.D., et al., a zero-offer oral surgery malpractice case tried in the Augusta County Circuit Court. As further substantiation of Tony’s talent and successes, he was selected to be a Fellow by the Litigation Counsel of America (LCA). In the Piller case, Tony, with assistance from Gentry Locke Associate Mary Kathryn Atkinson, represented the minor plaintiff, who had […]

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City of Roanoke Prevails; Railroad Must Pay Stormwater Management Fee

On February 15, 2019, the Fourth Circuit Court of Appeals held that the City of Roanoke’s Stormwater Management Utility charge was a regulatory fee and not a tax. The Court, therefore, affirmed the dismissal of Norfolk Southern’s Complaint asserting that the City’s Stormwater Management Utility charge was a tax that discriminated against railroads in violation of federal law. The decision forecloses federal court challenges to local government charges for stormwater management services as unlawful discrimination against railroads. The Court’s decision included three separate opinions; each of the three judges on the panel wrote an opinion. The opinion joined by all […]

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Gentry Locke welcomes new Richmond Partner Ashley W. Winsky

ROANOKE, Va. (March 8, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Ashley W. Winsky has joined the Richmond office as a partner in the Transportation, Insurance, Plaintiff Personal Injury, and Civil Litigation practices. Ashley will expand the Richmond office’s already significant litigation practice. “We are happy to welcome Ashley to our Richmond office,” said Gentry Locke Managing Partner Monica T. Monday. “Ashley is an experienced litigator. With her contagious energy and knowledge of the trucking industry, she is a wonderful addition to our growing presence in Richmond.” Ashley brings nearly a decade of experience in […]

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HR March Madness: 2019 Employment Law Symposium

Master the brackets and score for your company by attending our 2019 Employment Law Symposium. It’s March Madness, HR style! Gentry Locke’s Employment Law attorneys will help you fill out your employment law brackets so you can successfully advance and WIN for your company. Register now to get a courtside seat for this full day of action! Professional Credits: As a SHRM Recertification Provider, Gentry Locke is recognized by SHRM to offer 5.5 hours of Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM for this day of programming. Additionally, this activity has met HR Certification Institute’s® (HRCI®) criteria for […]

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$625,000 Awarded for Lingual Nerve Perforated During Wisdom Tooth Extraction

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke for the Plaintiff Augusta County Circuit Court The Defendant, an oral surgeon, removed our client’s wisdom teeth when she was 12 years of age. During that surgery, the Defendant completely severed the left lingual nerve and perforated the lingual plate. This has caused numbness, hypersensitivity, discomfort, and pain to the left side of our client’s mouth that she will suffer until the day she dies. The Defendant refused to accept responsibility for her surgical negligence, so we proceeded to trial to hold the Defendant accountable and prevent this from happening to another person. An Augusta County jury unanimously […]

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Department of Labor Eliminates 80/20 Rule for Tipped Employees

Things just got a little easier for employers with tipped employees. Under previous U.S. Department of Labor rules dating back to the late 1980s, employers who used a tip credit to pay less than the federal minimum wage of $7.25 had to carefully track time employees spent performing side duties. If that time exceeded 20 percent of the employee’s hours, those duties might be considered a dual job requiring full minimum wage rather than the $2.13 an hour for tipped employees. (Employers always have to ensure that tipped employees earn enough tips to make at least minimum wage, or make […]

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AIA’s Standardized Construction Contracts: 2017 Updates Now In Effect

For more than 130 years, the American Institute of Architects (AIA) has offered a set of standardized contracts for architects, contractors, building construction owners and developers that have become the most widely used agreements for commercial construction projects. Every ten years, AIA updates the contracts and, after about 18 months, phases out the previous versions. The latest updates to the most highly used sets of contracts were released in 2017, with the 2007 contracts no longer available online after Oct. 31, 2018. Properly drawn construction contracts are vital to ensure that major projects can overcome issues or conflicts that arise […]

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Restaurant chain not required to garnish employee tips

The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.

Gentry Locke for the Defense Roanoke City General District Court Our client, a national restaurant chain, was sued by a creditor seeking garnishment of an employee’s wages to satisfy the employee’s debt. When a creditor receives a judgment against a person, the creditor will send a garnishment summons to the employer, resulting in the employer paying a portion of the employee’s wages to the court. In this case, the Restaurant did not have to pay any of the employee’s wages into the court because under the garnishment statute, the employee did not make enough money. The creditor then tried to include tips […]

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Gentry Locke attorney wins one of Virginia’s largest verdicts for second consecutive year

ROANOKE, Va. (February 5, 2019) – Gentry Locke is pleased to announce that, for the second consecutive year, a medical malpractice case won by Partner Anthony “Tony” M. Russell has been included in Virginia Lawyers Weekly’s “Virginia’s Largest Verdicts” survey. The Roanoke Circuit Court’s unanimous $1.5 million dollar verdict decision in Alexander Nelson III v. Radiology Associates of Roanoke, P.C. tied for 13th on the 2018 list. Verdicts included on the Largest Verdicts survey represent the largest jury verdicts from across the Commonwealth. In order to be considered, verdicts must be for at least $1 million and must be decided by […]

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Partner Brett Marston inducted into Virginia Law Foundation Fellows Class of 2019

ROANOKE, Va. (January 29, 2019) – Gentry Locke is pleased to announce that Roanoke Partner K. Brett Marston has been inducted into the Virginia Law Foundation Fellows Class of 2019. Inductees were formally honored at the Virginia Law Foundation’s annual dinner on January 24. The Fellows of the Virginia Law Foundation are recognized as leaders in the profession, both in their practices and in their communities. They comprise a group of nearly 500 of the best and brightest legal practitioners who are committed to the highest ideals of the law and to the concept of citizen lawyer. Fellows are nominated […]

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Moderator, Recent Construction Court Cases Panel Discussion

Gentry Locke Partner Herschel Keller moderated a panel of presenters for attendees of the Associated General Contractors (AGC) of Virginia’s 2019 Annual Convention. The convention took place at the Greenbrier in White Sulphur Springs. Herschel is a past president of the Central District Committee for the AGC of Virginia, and services clients in our Lynchburg and Richmond offices.

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Supreme Court of the United States denies certiorari in Berkley, et al. v. FERC, et al

FOR IMMEDIATE RELEASE Roanoke, Va. (January 22, 2019) – Today, the Supreme Court of the United States denied certiorari in Berkley, et al. v. FERC, et al. While Landowners are disappointed that the Court did not take the case, it is important to remember two things: First, the denial of certiorari does not mean the Court necessarily agrees with the decision of the lower court. It simply means the Supreme Court will not address this particular issue at this particular time. Second, the Court receives thousands of petitions every year and it is therefore extremely rare for the Court to […]

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Gentry Locke attorney Christopher M. Kozlowski elevated to Partner

ROANOKE, Va. (January 4, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Roanoke office attorney Christopher M. Kozlowski has been promoted to the position of Partner, effective January 1, 2019. “I am so pleased to welcome Chris to firm partnership. He is an integral member of the Gentry Locke team, and has successfully handled many important and high-profile matters for our clients,” said Gentry Locke Managing Partner Monica T. Monday. “We are proud of his accomplishments and grateful for his firm leadership, dedication and talents. This promotion is well deserved!” Chris practices on the firm’s General […]

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Gentry Locke Executive Director Frank Pittard named a Virginia Lawyers Weekly “Unsung Legal Hero”

ROANOKE, Va. (January 4, 2019) – The Virginia law firm of Gentry Locke is pleased to announce that Executive Director Frank Pittard has been selected as one of Virginia Lawyers Weekly’s 2018 Unsung Legal Heroes. The award recognizes talented and dedicated legal support professionals who consistently go above and beyond the call of duty, often behind the scenes. Frank was named a “Hero” in the Firm Administrator category. Other categories included: Human Resources Professional, IT/Operations, Law Librarian, Legal Marketing Professional, Legal Secretary, Receptionist and Paralegal. “Frank has made us very proud. He is a crucial component of the firm’s ongoing […]

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