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Patel v. CNN: Public Figures Suing the Media for Defamation Lose Most of the Time

In a case, as they say, ripped from the headlines, the Virginia Court of Appeals has put on a clinic explaining the inter-play between the First Amendment and defamation law.  The Court, in Patel v. CNN  made clear that...more

Can Appellate Courts Take Judicial Notice of Facts Not Otherwise in the Record? Sometimes.

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

A Trap for the Unwary: Defaulting Related, but Different, Issues on Appeal

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

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