Author: ARLnow.com Sponsor

Legal Review: Feres Doctrine Stands After Supreme Court Refuses to Hear Case

By ARLnow.com Sponsor

By Medical Malpractice Attorney John H. Fisher of John H. Fisher, PC

When patients suffer from medical negligence, they can file a lawsuit and receive compensation for damages in a court of law, unless you are an active service member in the United States military.

For the 1.3 million active duty military, Feres legal doctrine prevents medical malpractice lawsuits from being filed against the United States government. While one case recently tried — and failed — to challenge the law by appealing to the U.S. Supreme Court, there has been a push to grant our military members the same justice and rights as citizens.

On March 9, 2014, Lt. Rebekah “Moani” Daniel died four hours after giving birth to her daughter, Victoria, at the U.S. Naval Hospital in Bremerton, Washington, where Lt. Daniel lost more than a third of her body’s volume of blood from post-partum hemorrhaging.

As a result of the 69-year-old Feres doctrine, Lt. Daniel and her heirs are prohibited from seeking justice by filing a medical malpractice lawsuit against military personnel or military medical facilities. Lt. Daniels’ widower, Walter Daniel, alleges medical malpractice in his wife’s death and has been arguing that fact in the lower courts.

Feres v. United States is a landmark 1950 case that established service members or their families cannot file medical malpractice claims. Feres is an archaic law and one that several Supreme Court justices have denounced over the years. Originally, the law was only meant to keep troops from filing a claim if they were hurt as a result of combat, not when they were removed from combat settings. Mr. Daniel has not been successful in overturning the Feres doctrine after the Supreme Court refused to take up the case.

For now, the Feres doctrine remains intact. “It is a disgrace that the country does not provide justice for the men and women who risk their lives for our nation every day,” says John Fisher of John H. Fisher, PC. “This case deserved to be heard by the Supreme Court, and it is tragic that it was not. This means that our troops will continue to be denied justice while serving our country.”

The Military Health System has changed dramatically in the 69 years since Feres was first adopted. While Mr. Daniel’s petition may have resulted in failure, advocates for overturning the Feres doctrine are calling for a change that will grant U.S. service members the same rights as those they protect.

Welcome to Capital Women’s Care Division 67

At Capital Women’s Care Division 67 we are proud to have an innovative and dynamic collaborative practice featuring three Obstetrician-Gynecologists (OB-GYNs) and a Certified Nurse Midwife (CNM).

Our providers offer top of the line care for all your obstetrical and gynecological needs. With our state of the art Mona Lisa Touch laser system, we can help you feel like yourself again. If you are looking for contraceptive counseling, preconception counseling or pregnancy care needs you’ll be happy to be part of a small, private practice where you aren’t just a number.

Our healthcare providers boast over 44 years of experience. We are experts in PCOS management, minimally invasive hysteroscopic and laparoscopic surgeries for a variety of complex gynecologic needs and high-risk pregnancies.

With your first phone call for an appointment, to our warm and welcoming front desk staff, brilliant administrative team and board certified healthcare professionals we nurture the spirit of caring for every woman. We are now proud to offer 3D ultrasonography, with a keepsake take home DVD.

We are conveniently located in the heart of downtown Arlington, walking distance from both the Ballston and Virginia Square Metro Stations. We have appointment availability with all four of our healthcare providers and even offer early morning appointments for your convenience.

From puberty through menopause and beyond we would be honored to walk on this healthcare journey with you. Please call to make an appointment today at 571-970-6050 or schedule a visit quickly and easily online: https://www.capitalwomenscareobgyn67.com/.

Small Biz Focus: Getting Noticed — The Star Power of Your Business

By ARLnow.com Sponsor
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This column is sponsored by BizLaunch, a division of Arlington Economic Development.

By Tara Palacios

2019

The age of information sharing is moving at lightning speed. Each day thousands of internet activities take place in under a minute. Social media, emails, advertising and online sales. Your customers are constantly bombarded with information. According to a recent study by @LoriLewis and @OfficiallyChad, 188 million emails are sent every 60 seconds in 2019.

SO, just how does your business stand apart from others? With information 24/7 — how can your business attract new clients with so much activity going on per minute? This Small Business Focus blog has answers, and a concrete action item below.

Tara’s Quick Tips to Getting Noticed

Find Your Voice — Speak at industry events. Post articles on blogs (like ARLnow) or industry papers.  Be heard where your customers and influencers congregate. Be Present. Be the subject matter expert, and all things pertinent to your business.

Excellent Customer Service — Be known for going that extra mile for your customers. Anticipate your customer’s needs, and be proactive with business intelligence. Channel your customers and create positive experiences for them 24/7.

Leader in Your Field — Don’t be a follower. Be an innovator. Figure out best practices in your industry and go for the gold. Don’t be afraid of calculated risks. Create dynamic teams and cultivate a culture of creativity and trust.

Identify the Missing Link(s) in Your Industry — Where are the opportunities? What does your industry need (I.e., what is it lacking?) and how can you best address it? Find winning solutions and connect the dots for others. This will always keep you ahead of your competition.

Lather, Rinse, Repeat — As with all good things keep the momentum going. Don’t stop. Build up the pipeline. Positivity is infectious. Each day exhibit your personal brand of getting noticed in a sea of businesses.

If you’d like to learn more getting noticed in a crowded field — join us for a dynamic presentation on April 4 at BizLaunch when Zack Miller presents on “Anomaly: How to Finally Stand Out in a Crowd.”

This workshop provides easy-to-implement methods for business owners and marketing professionals to turn heads, leave an impression and become the anomaly! Award-winning television host and businessman Miller will provide the audience a blueprint of what they can do TODAY to grow their brand and stand out from their competitors.

Just Reduced Properties in Arlington

By ARLnow.com Sponsor

Each week, “Just Reduced” spotlights properties in Arlington County whose price have been cut over the previous week. The market summary is crafted by licensed broker Aaron Seekford of Arlington Realty, Inc. GET MORE out of your real estate investment with Aaron and his team by visiting www.arlingtonrealtyinc.com or calling 703-836-6116 today!

Please note: While Aaron Seekford provides this information for the community, he may not be the listing agent of these homes.

The love keeps pouring in for Arlington.

After Niche.com named Arlington the best county in Virginia last year, Arlington was just named the best city to live in America for 2019. Yes, you read that correctly, we’re the No. 1 place to call home in the whole country!

Rounding out the top five were Ann Arbor, Michigan, Berkeley, California, The Woodlands, Texas and Plano, Texas.

So, what makes Arlington so darn spectacular? Within this ranking are a few nuggets that we received an A+ grade on, including:

  • Public schools
  • Good for families
  • Health and fitness
  • Nightlife

When you’re ready to settle into a home of your own in our A+ city, our team is ready to help you GET MORE out of your transaction. In the meantime, enjoy living in our No. 1 city.

Cheers, Arlingtonians!

As of March 11, there are 136 detached homes, 16 townhouses and 100 condos for sale throughout Arlington County. In total, 13 homes experienced a price reduction in the past week:

Please note that this is solely a selection of Just Reduced properties available in Arlington County. For a complete list of properties within your target budget and specifications, contact Aaron Seekford.

Education Options to Fill the Tech Skills Gap

These days, there isn’t just one way to get an education, says Virginia Tech’s Pamplin College of Business Dean Robert Sumichrast.

Popular program options for working professionals include MOOCs, coding bootcamps, technical certifications and master’s degrees. The question is which one to choose.

MOOCs — massive, open, online courses — let students audit courses online, at no charge, through well-known universities. Students may also participate in paid versions of the course, which add graded assignments, extra support and a certificate for successful completion.

Coding bootcamps vary widely in their duration, format and cost, but all have a similar goal: to help students ramp up quickly on coding skills, especially web and mobile development.

Technical certifications are credentials that show people have passed a test and, in some cases, worked in a given job for a set period of time. These can be inexpensive to attain, if the student is willing to do self-study. However, they’re of limited duration; when the technology is updated, the certification needs to be updated, too.

Then there’s the master’s degree:

  • It’s only available through institutions that have gone through an accrediting process to prove the quality of their instructors and courses.
  • In the leading schools, faculty have practical experience in the subject and bring cutting-edge information to their students.
  • The program generally includes a community of alumni with deep connections and support.

The online Master of Information Technology, offered by Virginia Tech, adds an additional benefit: It has been jointly developed by faculty from both business and engineering, which means it can strike that sweet spot of “technical and soft skills” that employers truly value, notes Sumichrast. The combination, he says, “makes for a really well-rounded student coming out of the program.”

So how do you choose a program? Sumichrast recommends looking at the context in which you’re operating. “If you’ve already got a degree in the field that you’re trying to update, then maybe a single course, such as a MOOC, could give you a narrow update on what you already know.”

“These are personal decisions,” Sumichrast advises. “Find the education that best fits you. For many students that means one that puts the facts that you learn in context and that approaches problems from different directions so that you can have a more coherent whole when you finish.”

For more information about Virginia Tech’s 100% online Master of Information Technology Program, visit www.vtmit.vt.edu or sign up for an upcoming information session.

Ask Eli: What to Inspect Before Buying a Home

By ARLnow.com Sponsor

This regularly-scheduled sponsored Q&A column is written by Eli Tucker, Arlington-based Realtor and Rosslyn resident. Please submit your questions to him via email for response in future columns. Enjoy!

Question: I’m hoping to purchase a home this year and wondering what types of inspections I’ll be able to do on the home before buying it and about how much they will cost.

Answer: Most sales contracts include an Inspection Period (usually 3-14 days after an offer is accepted) for buyers to conduct various inspections of their choice on the property. Depending on how the contract is structured, buyers may have the right to negotiate for repairs or credits based on the findings and/or the right to terminate the contract.

Standard/Common Inspections

General Inspection: This is the most common inspection for buyers to conduct with costs ranging from about $300-$1,000 depending on the size, age and type of the home. A General Inspector is hired by the buyer and works for the buyer, not for the seller or the buyer’s agent.

A general inspection is classified as a “visual inspection” of the surface, structural and mechanical components of a home like appliances, flooring, electrical, plumbing, foundation and other elements which includes running all mechanical components they can access. Your inspector cannot open up walls or floors and, in many cases, cannot climb on roofs.

A good inspector will be able to identify many of the home’s flaws through the general inspection as well as identify any signs that further specialty inspections are needed (see below). Some inspectors carry high-end thermal readers to find evidence of moisture, poor insulation, or faults in the ductwork.

After the inspection, you’ll receive a detailed report with photos, descriptions and recommendations of everything the inspection covered. An extra benefit of an inspection is that you’ll learn a lot about how your home works and property maintenance.

Radon Testing: Radon is toxic gas from the ground that is known to cause cancer with prolonged exposure above certain levels (EPA website). Most homes in Northern Virginia have an average to above average risk of elevated radon levels and it is impossible to know without testing. Radon levels can vary widely from one house to another on the same block.

I always recommend buyers test for radon if they have basement/below ground living areas (radon generally doesn’t impact above-ground levels). The test is relatively inexpensive ($150-$200) and most general inspectors can administer the radon test as well, which requires a small box to sit in the basement for 2-3 days.

In the event of elevated radon levels, radon remediation systems are highly effective and usually cost about $1,000.

Wood-Destroying Insect (WDI) Inspection: Around here this is primarily an inspection for termites or carpenter bees. With a cost of $50 or less it makes sense for buyers to order this for a purchase of a townhouse or single-family detached home (generally not necessary for a condo).

Of note, the Northern Virginia Sales Contract requires sellers to cover the cost of any treatment or repairs related to WDI. This can usually be ordered with the general inspection or separately with a pest company.

Specialty Inspections

In some cases, it makes sense to bring in specialists for additional inspections. This may be on the recommendation of your General Inspector or for a number of other reasons.

Ultimately, this comes down to a cost-benefit analysis by you and your agent because you can easily spend thousands of dollars on specialty inspections. The following is not an exhaustive list of specialty inspections, but those that tend to be the most common. Cost estimates do vary.

  1. HVAC Inspection ($150+)
  2. Chimney Inspection (free-$200): A structural flaw in a chimney or a failing liner can be very expensive or unsafe if you plan to use the fireplace. A chimney inspection will include a scope of the interior of the chimney.
  3. Roof Inspection (free-$200)
  4. Mold Testing ($150+): Ranges from air sampling to testing of a specific area with known mold.
  5. Lead Testing (varies): If you suspect lead-based paint or want to test for lead in the water. This is worth further discussion around lead and lead paint with your agent.
  6. Structural Inspection ($250-$1,000+): Settling and settlement cracks are normal, but signs of continuous or abnormal settlement warrant a visit from a structural engineer. A good General Inspector will be able to tell you whether or not further structural evaluation is recommended.
  7. Water/Sewer/Gas Line Inspection ($500+): The main lines connecting your water, sewer and gas from the public lines to your home are expensive failure points, with replacement usually costing $5k-$10k in addition to repairing any landscaping, driveway, etc torn up in the process. Tree roots are a common cause of damage. These inspections involve scoping of the entire line and get pretty expensive. An alternative to paying for these inspections is purchasing relatively cheap insurance through Dominion Energy’s insurance partner HomeServe.
  8. Electrical Inspection ($200-$500): If there are concerns over the quality of the electrical system/installation, you can hire an electrician for further evaluation.
  9. Plumbing Inspection ($200+): If there are concerns over the quality of the plumbing lines, you can hire a plumber for further evaluation and, for an additional cost, scope the plumbing lines.
  10. Pool Inspection (varies)

I usually recommend starting with the standard inspections and adding additional inspections as needed. If you want to include a bunch of specialty inspections in addition to the standard inspections, you’ll want to make sure your contract provides enough time in the Inspection Period to complete all of them and set that expectation with the seller up-front, especially if the home is occupied.

Keep in mind that even with a full Inspection Contingency in place, with the right to negotiate for repairs and credits, there’s no guarantee that after paying thousands of dollars for inspections that the seller will agree to repair, replace, or credit everything you ask them to.

If you’d like a question answered in my weekly column, please send an email to [email protected]. To read any of my older posts, visit the blog section of my website at www.EliResidential.com. Call me directly at (703) 539-2529.

Eli Tucker is a licensed Realtor in Virginia, Washington DC, and Maryland with Real Living At Home, 2420 Wilson Blvd #101 Arlington, VA 22201, (202) 518-8781.

Legal Review: Virginia’s Attorney General Wants to Decriminalize Marijuana

By ARLnow.com Sponsor

By Criminal Defense Attorney Floyd Oliver of Price Benowitz LLP

In June, Virginia’s Attorney General, Mark Herring, wrote an op-ed in the Daily Press.

It called for the state to decriminalize small amounts of marijuana possession and to stop sending innocent people to jail. The letter received bipartisan support, which means Virginia could see decriminalization very soon.

“It is about time,” said Floyd Oliver of Price Benowitz. “Every time legalization occurs in another state, it makes Virginia’s laws look more and more outdated. The Attorney General was absolutely correct. It is time to stop disproportionally targeting African Americans, which is what the current law does, and stop sending anyone to jail that does not deserve to be there.”

The plea from the Attorney General comes at a time when marijuana possession convictions are increasing in Virginia. In 2003, approximately 13,000 Virginians were arrested on marijuana possession charges. In 2017, almost 28,000 people faced charges, an increase of 115 percent.

Those charged face harsh penalties, too. Even a first offense misdemeanor charge could land a person in jail for up to 30 days, and they could be required to pay a fine of $500. A second offense, even for a small amount of marijuana, has consequences of up to a full year in jail and fines up to $2,500.

Those convictions are costing Virginians approximately $81 million a year in additional taxes. However, the social cost is much greater than that. Like in many other states across the country, possession laws seem to target individuals of color.

From 2007 to 2016, the Virginia Crime Commission reports, African Americans saw the most arrests. In fact, they made up 46 percent of all possession arrests.

This is not the first time the idea of decriminalization has been raised in Virginia. Last year, Virginia’s Senate Majority Leader, Thomas K. Norment, Jr. sponsored a proposed bill that would decriminalize the drug, but that effort failed. Now, with lawmakers on both sides of the aisle pushing for decriminalization, it may just be the time to end the unfair criminal charges.

Decriminalization is not the same as legalization. If a new law decriminalizing the drug was passed, those found in possession of marijuana would still face penalties. However, those consequences would be much less severe and would likely be the equivalent of a traffic ticket.

Legal Insider: Investing in Marijuana Stocks Can Cause Loss of Security Clearance

By ARLnow.com Sponsor

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry, Esq.

If you hold or are seeking a security clearance, and you own or work in the ever-growing marijuana industry, you are likely to have difficulties obtaining or keeping a security clearance.

We have been counseling clients about this issue since at least 2010. This principle also applies to individuals that work part-time or are otherwise involved in marijuana-related businesses.

Owning stock or working for a marijuana enterprise is a reportable clearance activity when holding a security clearance and can lead to the loss of a security clearance or in one obtaining a clearance. The current marijuana policy comes from the Director of National Intelligence (DNI), by way of an October 2014 memorandum which explains current government policy.

Investments in marijuana-related companies can constitute involvement in illegal drug activities. This can be the case even where the individual does not directly choose their individual stocks and even in states where marijuana businesses are completely legal. The federal government’s current view is that an individual has a duty to know about their investments and to be knowledgeable about federal drug laws.

2014 Memorandum and Other Federal Directives

The 2014 memorandum led to Security Executive Agent Directive (SEAD) 4 in June of 2017 which provides the current basis for not granting or revoking a security clearance based on drug involvement, including investments in marijuana under Guideline H:

  1. Conditions that could raise a security concern and may be disqualifying include:

. . .

(c) illegal possession of a controlled substance, including cultivation, processing, manufacture, purchase, sale, or distribution; or possession of drug paraphernalia;

. . . .

Marijuana stocks have been touted as the new Amazon investment, according to a number of articles. However, the problem is that until the federal government changes federal drug laws or creates a caveat for marijuana businesses, individuals that invest or otherwise become involved in marijuana investments can put their security clearance (and career) at risk.

We have seen a lot of confusion on this issue since at least 2012 when a number of states started legalizing the use of marijuana. We have represented many clearance holders who have traveled to Colorado or elsewhere, where marijuana is legal, to simply try it. In some of these cases, the experimentation has cost the individual their security clearance.

It is advisable that individuals seeking to hold or obtain a security clearance refrain from investing in marijuana stocks until federal law changes. Eventually, we believe that the federal government will change their position on this issue, but for the moment investing in companies or stocks that are involved in the dispensing of marijuana can cause one to lose a security clearance.

Conclusion

If you are in need of security clearance representation, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.

Rethink Energy: Empowering a Greener Future

By ARLnow.com Sponsor

This regularly-scheduled sponsored column is written by the Arlington Initiative to Rethink Energy team (AIRE). This county program helps you make smart energy decisions that save you money and leaves a lighter footprint on the environment.

Congratulations to Our Lady Queen of Peace for installing 319 solar panels to harness the sun and reduce their carbon emissions!

They are thinking globally while acting locally with what is now the largest solar array at a place of worship in Arlington County.

Actions like this continue to shine a light on how one simple action can inspire others and contribute to a broader collective impact. This project adds 95 kilowatts of solar power to help move our community a bit closer to Arlington’s Community Energy Plan goals.

Arlington residential, commercial and County governmental solar installations are adding up.  Since 2009 solar capacity in Arlington has increased by more than 900%.

To date, the total amount of solar in Arlington is 1.8 MW. Arlington’s current Community Energy Plan goal is 160 MW by 2050. Every installation helps our us move the (sun) dial on solar.

The Rethink Energy Program’s Solar Co-op has supported more than 150 homeowners to install solar at a discount. Co-op installations, in addition to County Government and Arlington Public Schools solar installations, account for much of the solar growth in Arlington.

The Rethink Energy Program plans to launch another Solar + EV Charging Co-op this summer. If you want to be notified when the program launches please email: [email protected]

Open Houses in Arlington This Weekend

By ARLnow.com Sponsor

Looking for a home? There are plenty of houses and condos open for viewing this weekend.

Check out the Arlington Realty website for a full list of homes for sale and open houses in Arlington. Here are a few highlights:

2805 23rd Road N.
5BR/4 BA, 1 half bath single-family home
Agent: William G. Buck & Assoc., Inc
Listed: $1,749,900
Open: Sunday 1-3 p.m.

 

4755 34th Street N.
4 BR/2 BA, 1 half bath single-family home
Agent: Washington Fine Properties, Llc
Listed: $1,225,000
Open: Sunday 2-4 p.m.

 

6204 12th Street N.
6 BR/2 BA, 1 half bath single-family home
Agent: Keller Williams Realty
Listed: $975,000
Open: Sunday 1-4 p.m.

 

2004 N. Brandywine Street
3 BR/3 BA, 1 half bath villa/townhouse
Agent: Arlington Realty Inc
Listed: $875,000
Open: Sunday 1-4 p.m.

 

867 N. Abingdon Street
5 BR/3 BA single-family home
Agent: William G. Buck & Assoc., Inc
Listed: $737,500
Open: Sunday 1-3 p.m.

 

903 S. Rolfe Street, A
2 BR/2 BA, 1 half bath condo
Agent: Century 21 Redwood Realty
Listed: $449,900
Open: Saturday 12-2 p.m.

 

2904 13th Road S. #4302
1 BR/1 BA condo
Agent: Keller Williams Realty
Listed: $299,000
Open: Sunday 2-4 p.m.

Just Listed in Arlington

By ARLnow.com Sponsor

Just Listed highlights Arlington properties that just came on the market within the past week. This feature is written and sponsored by Team Cathell, “Your Orange Line Specialists.”

We are not alone.

Arlington’s real estate market is mirrored throughout Virginia and much of the country. In numerous conversations this week with real estate leaders nationally, other markets are seeing major inventory shortages and bidding wars on medium and lower priced homes just as we are.

But at the same time, the higher end market is stagnant if not struggling. Luxury homes (those homes priced in the top 10%) are taking longer to sell and increasingly need price reductions to attract offers.

Right now, Arlington’s market is hot hot hot, and will likely remain so until mid-May. There have been many more stories of multiple offers this week. Some 63 homes were listed this week, while 56 homes sold and 19 of those were gone in a week.

There’s a glimmer of good news for buyers, bad news for home owners. CoreLogic reports that home price appreciation has dropped significantly. While homes are still going up in value, it’s at a much slower pace.

Nationally, appreciation dropped to 4.2% in January compared to 6.8% in January 2018. The price slowdown coupled with stable interest rates at 4.375%-4.5% have improved buyer affordability.

Still, for buyers in Arlington right now it’s a jungle out there. To secure their dream home, they need to move fast, strike hard, and go BIG!

Click to see all the fresh new inventory in MRIS and call Team Cathell (703-975-2500) when you find a home you like.

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