Rule 5:8A, “Appeal from Partial Final Judgment in Multi-Party Cases,” is a completely new–and highly technical–rule. It is intended to clarify who may appeal and when in cases involving multiple claims and multiple parties. The advisory committee’s report indicates that the Rule was adopted in response to a general sense of confusion about appellate rights
Thursday Q&A
Here are some more of the questions that have led readers to our humble blog (or left them hopelessly confused after getting here):
- One reader emailed to ask how we thought the Supreme Court’s recent decision in Walton would affect “claw back” agreements in context of electronic document productions. Hopefully, not at all. Walton sets
Brave New World: Blogging The Revisions to Virginia’s Appellate Rules (Rule 5:5)
Time to dive like an Italian midfielder back into our analysis of Virginia’s new appellate rules:
Today’s Rule is 5:5, which governs filing deadlines, post-trial proceedings, timely filing by mail, and extensions of time. The Court makes a few material changes here, which are by and large practitioner-friendly.
As amended, Rule 5:5(a) specifies
Walton v. Mid-Atlantic Spine Specialists, P.C: Supreme Court of Virginia Defines Test for Inadvertent Waiver of Privilege
While I was off running silly contests and generally doing my best to single-handedly drive up our insurance rates, the Supreme Court of Virginia handed down a new batch of opinions last week.
Of particular note is Walton v. Mid-Atlantic Spine Specialists, P.C., which 
addresses the attorney-client privilege, and specifically the issue of inadvertent waiver.
Walton is a med mal case. The defendant doctor wrote a letter to his lawyer in which he suggested that he may have reviewed the wrong x-ray before assessing the plaintiff. That letter was produced in a workers’ comp proceeding, and it eventually made its way into the plaintiff’s hands.
Walton advised the defendants that she had this letter in her interrogatory answers. About a year and a half later, the defendants moved for a protective order against the use or distribution of the letter. The circuit court granted that order. It found that the letter was privileged and had been involuntarily disclosed, so the privilege had not been waived. The plaintiff went to trial without the letter, and the jury found in favor of the defendants.
On appeal, the Supreme Court reversed. The dispositive issue before it was whether the doctor’s inadvertent disclosure of the letter waived the attorney-client privilege. The Court ruled that it had.Continue Reading Walton v. Mid-Atlantic Spine Specialists, P.C: Supreme Court of Virginia Defines Test for Inadvertent Waiver of Privilege
“What’s a Trial?” Contest Results
A few weeks ago, I asked for help explaining a trial to my niece, and promised a copy of The Curmudgeon’s Guide to the person who provided the best answer.
Responses ran the gamut from sweet and informative to almost unbelievably creepy. (Oddly, that last one came via email from our marketing manager here
Brave New World: Blogging The Revisions to Virginia’s Appellate Rules (Rule 5:1A)
We continue our journey into the depths of madness through Virginia’s revised appellate rules with a completely new addition: Rule 5:1A, “Penalties for Non-compliance; Show Cause; Dismissal.” This Rule contains both good and bad news for practitioners.
Let’s start with the good: As its caption suggests, this Rule governs what happens when lawyers screw up.
Thursday Q&A
Another round of our answers to the imponderable questions that lead people to this blog:
- chances of supreme court of virginia providing a petition rehearing: Not good. For example, in 2007, the Court decided 358 petitions for rehearing. It granted 13. In 2008, it decided 367 petitions for rehearing and granted 23. I suspect that
Brave New World: Blogging The Revisions to Virginia’s Appellate Rules (Rule 5:1)
A little while ago, I promised to share my thoughts on the revised appellate rules that take effect on July 1. (Okay, so it was a more than month ago. Things have been busy.)
Let’s start at the beginning. Rule 5:1 has been amended to include two new substantive provisions:
- Certificate of Service. Rule