De Novo: A Virginia Appellate Law Blog

De Novo: A Virginia Appellate Law Blog

Jay O’Keeffe practices with Johnson, Rosen & O’Keeffe LLC. in Roanoke, Virginia, where he splits his time between appellate and business litigation. read more

Tag Archives: Abuse of Discretion

Benchslapped by a Three-Justice Majority? Landrum v. Chippenham & Johnston-Willis Hospitals, and Other Oddities

Posted in Opinions and Analysis
On Friday, the Supreme Court dropped 13 published opinions and 2 published orders. That’s a bit surprising, because there were 29 cases listed on the September docket. Even counting the unpublished opinions that have come down in the meantime, we still have decisions in about 10 cases outstanding from September. (This is all back-of-the-envelope stuff; I’d welcome… Continue Reading

AME Financial Corp. and Abuses of Discretion

Posted in Appellate Practice
I’m a sucker for a good standard of review. As the Curmudgeon likes to say, the standard of review decides cases. And sometimes, unfortunately, that standard of review is abuse of discretion. See, e.g., John Crane, Inc. v. Jones, 650 S.E.2d 851 (2007) (affirming trial court’s exercise of discretion; accidentally starting inexorable urban legend about expert disclosures). What… Continue Reading