News & Analysis as of

Virginia VA Supreme Court

Woods Rogers

New Requirements for Briefs Amicus Curiae in the Court of Appeals of Virginia and Supreme Court of Virginia

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The Supreme Court of Virginia adopted amendments to the Rules concerning non-parties filing an amicus curiae brief in the Court of Appeals of Virginia or the Supreme Court of Virginia. (Rules 5:30, 5A:23) These amendments go...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

Spilman Thomas & Battle, PLLC

Recent West Virginia Supreme Court Decisions Impact Oil and Gas Producers

In two monumental November 14, 2024 spilt decisions, the West Virginia Supreme Court gives oil and gas lessees a huge win and makes doing business in West Virginia more expensive for oil and gas producers....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

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Incomplete Appellate Record Dooms Appeal: Lessons for Appellate Practitioners

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The Supreme Court of Virginia taught appellate practitioners yet another hard lesson in how procedural pitfalls can scuttle otherwise compelling appeals. In Eckard v. Commonwealth, the pitfall was failing to get the complete...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

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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

Spilman Thomas & Battle, PLLC

Virginia Supreme Court Ruling Impacts Confidentiality of Government Employee Personnel Records

In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court of Virginia Strikes Down County Zoning Overhaul Adopted via Electronic Meetings during COVID-19 Pandemic

Local government actions must comply with the in-person open meeting requirements of the Virginia Freedom of Information Act....more

Sands Anderson PC

Given the Expansion of the Virginia Court of Appeals, It Is Time to Re-think the Composition of Your Trial Team

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Virginia appellate jurisdiction experienced a seismic transformation beginning on January 1, 2022. As of this date, the jurisdiction of the Virginia Court of Appeals has drastically expanded to include an appeal of right for...more

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Breach of a Covenant Not to Sue to Entail Liability for Attorney’s Fees

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The decision for prospective litigants to bring and defend lawsuits can be difficult to navigate given the uncertainty of costs, especially attorney’s fees. Contrary to popular assumption, in Virginia, the general rule for...more

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Tracking Virginia Supreme Court Judicial Emergency Orders

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On March 16, 2020, the Supreme Court entered the first of numerous orders declaring a judicial emergency as a result of the COVID-19 pandemic. The statutory authority that permits the Court to declare an emergency requires...more

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