A Virginia Appellate Law Blog
SCOVA handed down a fun published order recently in a local-government case, Rebh v. County Board of Arlington County. I know, right? But bear with me.
Rebh and a bunch of landowners challenged a land-use plan adopted by the County Board of Arlington County. (That is a very silly name, County County Board County.)…
If you’ve practiced law for more than five minutes, you’ve received a responsive pleading or set of discovery responses telling you that x or y document “speaks for itself.” This claim usually answers a question or allegation about that document, intended in good faith to clarify a party’s position. For example, a complaint might allege…
I’m always amazed at how people find new ways to lose appeals. Longtime friend of De Novo Monica Monday showed me a new one earlier this year: In two interlocutory appeals she was resisting, the petitioner missed the 15-day deadline for filing a petition for appeal. Because the Court of Appeals lacked authority to extend…
On Tuesday, the CAV handed down its opinion in Pegasystems Inc. v. Appian Corporation, reversing the largest jury verdict in Virginia history. Pegasystems is a trade-secrets case. The jury tagged Pegas with a verdict of more than $2 billion. (Fun fact: This case was tried in Fairfax at the same time as the Johnny…
Justice Kagan gave a fairly candid interview at the Ninth Circuit Judicial Conference on July 25. She touched on a code of conduct, separate opinions, collegiality, reading dissents from the bench, Chevron, and more. Pretty good stuff.
Following up our last post, President Biden discussed his proposed SCOTUS reforms in an op-ed in the Washington Post today–basically, term limits, a code of conduct with an enforcement mechanism, and a constitutional amendment abolishing presidential immunity. The administration released a fact sheet on the proposals.
For what it’s worth, term limits and an…
…He is also weighing whether to call for
…. . . I decided to do a little more empirical testing of AI’s legal ability. Specifically, I downloaded the briefs in every Supreme Court merits case that has been decided so
The Court of Appeals of Virginia recently handed down its opinion in Tatusko v. Commonwealth, 79 Va. App. 721 (2024). It’s a reckless-driving case where the defendant was clocked doing 103 in a 60 mph zone. Tatusko doesn’t strike me as especially interesting on the merits; many of the issues raised were discretionary rulings…