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Virginia Appeals

McGuireWoods LLP

Virginia Court of Appeals Overturns Arlington Missing Middle Decision

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On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle”...more

Gordon Rees Scully Mansukhani

Kositzka v. Fick: Key Lessons on Trustee Fiduciary Duty in Virginia Trusts

In a recent decision, the Court of Appeals of Virginia upheld a lower court’s ruling that Kositzka, Wicks and Company (KWC) breached its fiduciary duty to Edward Joseph Ryan, awarding his estate $999,050 in damages, attorney...more

Offit Kurman

Virginia Court of Appeals Clarifies Impact of the CARES Act on Eviction Actions

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In a recent decision, the Virginia Court of Appeals clarified the impact of the CARES Act on Virginia eviction proceedings. The ruling is significant for Virginia landlords, property managers, and tenants, particularly those...more

McGuireWoods LLP

Court of Appeals Confirms Vested Rights Doctrine in Virginia

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On April 8, 2025, for the first time since its jurisdiction was expanded, the Court of Appeals of Virginia addressed in detail the doctrine of vested rights in the context of a zoning dispute in Board of Supervisors of Prince...more

Sands Anderson PC

Legislation in Virginia General Assembly May Affect Appeals

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Senate Bill 999 has passed the Senate and been reported out of the Civil Subcommittee from the House Courts of Justice Committee. The bill, if passed by the House and signed by the Governor, would have two important...more

Troutman Pepper Locke

Federal Appeals Court Deals Another Blow to Intoxicating Hemp Products in Virginia

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On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn...more

Vicente LLP

Virginia’s ‘Total THC’ Hemp Law Upheld by Fourth Circuit: What It Means for the Hemp Industry

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On January 7, 2025, the Fourth Circuit Court of Appeals issued its long-awaited decision in Northern Virginia Hemp & Agriculture v. Commonwealth of Virginia, holding that Virginia could implement “total THC” standards for...more

Sands Anderson PC

Supreme Court Reverses While Affirming: A Caution Against Advisory Opinions

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Courts are supposed to decide only the necessary things. They’re supposed to avoid weighing in on issues that don’t need a decision. Those principles came to a head in the Supreme Court of Virginia last month in Rebh v...more

Sands Anderson PC

Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

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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

Sheppard Mullin Richter & Hampton LLP

Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be...

The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and finding that the trial court committed several legal errors which improperly led...more

McDermott Will & Emery

Missed Appropriation: Massive Trade Secret Verdict Vacated

The Court of Appeals of Virginia vacated a $2 billion award in a trade secret misappropriation case based on a series of evidential errors and improper jury instructions. Pegasystems Inc. v. Appian Corporation, Case No....more

Woods Rogers

A Legislative Fix for Virginia Community Associations After Palisades Park

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The Virginia General Assembly recently passed legislation that addresses concerns for the community association industry from the ruling in a recent Court of Appeals decision in Burkholder v. Palisades Park Owners Ass’n, 76...more

Williams Mullen

[Webinar] Renewable Energy Series: 2024 Virginia Energy Legislative Update - April 3rd, 11:00 am - 11:30 am EDT

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This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more

Woods Rogers

What to Watch for at Trial in Virginia Courts to Avoid Having Your Appeal “Disqualified” or “Sent to the Rear”

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With the expansion in the size and scope of the Court of Appeals of Virginia on January 1, 2022, civil litigators in Virginia have an increased likelihood of a full appeal of virtually any trial court decision. However, since...more

Woods Rogers

Virginia Supreme Court Rules in Favor of Teacher Over Use of Pronouns

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The Virginia Supreme Court ruled in favor of a high school teacher, finding that the circuit court wrongly dismissed the teacher’s claims against his former employer, who had terminated the teacher after he refused to use a...more

Troutman Pepper Locke

Virginia Appeals Court to Rule on Attorney-Only Public Records Access Limit

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Since 1967, the federal Freedom of Information Act (FOIA) has provided the public with the right to access records or information from any federal agency, except those records protected under legal exemptions. Each state has...more

Woods Rogers

Interpanel Accord: An Important Concept for Civil Litigants in the New Court of Appeals of Virginia

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The term “interpanel accord” has increased importance in Virginia civil state court practice after the General Assembly recently expanded the size and scope of the Court of Appeals of Virginia. More information about the...more

Ladas & Parry LLP

Gruyere Cheese is Gruyere Cheese... Even in the United States

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On March 3rd, the United States Court of Appeals for the Fourth Circuit in Virginia upheld a ruling that cheese labeled GRUYERE can be used to legally describe cheese made from outside the Gruyere region of Switzerland and...more

Sands Anderson PC

Virginia Court of Appeals Expounds on Trial Court’s Jurisdiction Pending Appeal in Related Litigation

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The expanded subject matter jurisdiction of the Virginia Court of Appeals that took effect on January 1 of this year has rightfully been the subject of well-deserved attention among litigators in the Commonwealth....more

Woods Rogers

[Webinar] A Right of Appeal: Navigating the Court of Appeals of Virginia After Expansion in Size and Jurisdiction - June 7th,...

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- Learn about the significant changes that will enable almost all litigants to have a right to appeal to the Court of Appeals of Virginia - Become aware of pitfalls at trial that could hurt your chances on appeal -...more

Sands Anderson PC

The Standard of Review on Appeal: Court of Appeals Provides Example of How It Determines the Outcome of Appeals

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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

Sands Anderson PC

Expanded Civil Jurisdiction of the Virginia Court of Appeals

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Effective January 1, 2022, appellate options in Virginia’s state courts are increasing with an expansion of the jurisdiction of the Court of Appeals of Virginia. Generally, the Court of Appeals will hear all appeals involving...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

The Editors' Note - Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back...more

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