Today’s Fourth Circuit opinion in Laufer v. Naranda Hotels, LLC, is worth a look. The Court held the plaintiff’s allegation of an informational injury was enough to confer Article III standing. Here is the intro:
Maryland, is a self-professed “tester”
Here’s a question that has come up often enough that I suppose it merits its own post: What happens if the Clerk of the Court of Appeals does not properly notify the appellant of the filing of the transcript?
(Disclaimer: The Clerk’s office does a wonderful job! They are great to deal with! They probably
The Washington Post has a piece about Judge Luttig, opening with a lovely anecdote involving Justice Scalia. (But are we sure that Judge Luttig “clerked for [Scalia] at the federal district court in Washington?”) [Update: He did not! The Post has corrected this in its story. Also, autocorrect got me the first time around
Let’s start with the punchline from Hawkins v. Town of South Hill: Merely stating an objection above your endorsement to an order is not enough to preserve the objection for appeal. You must object with reasonable certainty, giving the court a chance to rule intelligently on your issue, and the court must in fact
Here is Kyle McNew on Colas v. Tyree.
On January 26th, the Supreme Court of Virginia issued its decision in Colas v. Tyree. This was a tragic case where a police officer shot and killed Mr. Tyree, who was in the midst of a severe mental health emergency. The shot followed a
The Fourth Circuit just handed down a new regulatory-takings opinion, Blackburn v. Dare County. Judge Richardson wrote for a unanimous panel that also included Judges Agee and Rushing. Here is the opening paragraph:
Joseph Blackburn, Jr. and Linda Blackburn own a beach house in Dare County, North Carolina. In the early days of the
For a few years now, I’ve taught a spring class at UVA on something called “Federal Litigation Practice,” which I interpret to mean critical motions and appeals. (UVA offers other, much better, classes about trial practice.)
Every year, we start the class by going over “How to Write: A Memorandum from a Curmudgeon” by the
The highlight of the VBA’s annual meeting this year was its Saturday panel on What We’ve Learned from the Expansion of the Court of Appeals of Virginia. Judge Ortiz and Jason Konvicka were the panelists, with Henry Willett moderating.
Here are a few takeaways:
One of the nastier waiver traps in Virginia practice is the Drinkard-Nuckols rule–that is, the principle that if you unsuccessfully object to a piece of evidence, you waive that objection if you introduce evidence dealing with the same subject in your case in chief. (You can still introduce the evidence on cross-examination or rebuttal.)
This
It’s been a while since I’ve done one of these. Here’s what I’ve been reading: