Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more
You might think 50 pages or 12,300 words, in the Virginia Court of Appeals, or 30 pages or 13,000 words, in the federal courts of appeals, would be more than enough space for a lawyer to get out an argument. If you do, you’re...more
Sometimes oral argument in a case highlights oddities of the work we do. That happened today in the Virginia Supreme Court in LaRock v. City of Norfolk. Can an appellate court in a particular case go outside the appellate...more
In Eberhardt v. Commonwealth, the Virginia Court of Appeals took up a case from Dinwiddie involving child cruelty. The case concluded, unsurprisingly, that the Commonwealth had sufficiently proven the appellant was guilty....more
Evans v. Evans has rightly received attention for its helpful discussion of when notice by publication is permitted. Less prominently featured, but as important for appellate practitioners, is the Supreme Court’s discussion...more
From time to time, a contract will have a “confessed judgment” clause in it. These clauses can be a valuable tool in an agreement. Take for example, an agreement to lend money. If my agreement with you to lend you money...more
Contracts around the country, concerning every manner of commercial transaction from employment matters to real estate acquisition to consumer purchases, increasingly include a requirement that disputes will be resolved...more
4/26/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
Generally speaking, Virginia criminal defendants who want to challenge their convictions have only a few options. None of them are very good. They have 30 days from the date of their conviction to appeal to the Virginia Court...more
Ever bought a song or an album on iTunes and, after a while, decided you didn’t like it? Did you wish you could sell it somewhere, to someone, for something, the way you might have done with an old vinyl record or CD?...more
On Monday the Supreme Court avoided deciding, once again, when, if ever, political gerrymandering violates the Constitution. In Gill v. Whitford, the Supreme Court was presented with startling evidence that Wisconsin...more
6/22/2018
/ Appeals ,
Article III ,
Constitutional Challenges ,
First Amendment ,
Fourteenth Amendment ,
Gerrymandering ,
Gill v Whitford ,
Injury-in-Fact ,
Political Parties ,
Remand ,
SCOTUS ,
Standing ,
Vacated ,
Voting Rights
The Supreme Court ruled yesterday that a Tucson police officer who shot a woman four times could not be sued for violating the woman’s Constitutional rights. The case is a significant win for government officials. It’s a...more
The Virginia Supreme Court issued two opinions in September affecting local government law. Its work resulted in opinions addressing legislative privilege from document requests, and applying a local government tax exemption...more
In Gelboim v. Bank of America, the Supreme Court of the United States clarified the appellate rights of litigants in Multi-District Litigation. The Court's ruling in January expands the availability of appeal as an option to...more