I’m fresh from the VTLA’s annual meeting at the Greenbrier, in all its seizure-inducing, Technicolor grandeur.

The event is always terrific and this year’s slate of speakers did not disappoint. Appellate topics included a panel discussion on petitions for rehearing and Justice Millette’s observations from his time on both the trial and appellate bench.


Earlier this week, we hosted the Virginia State Bar Appellate Section’s CLE on practicing before the Court of Appeals. The event was a success, but its timing was unfortunate: as James Markels noted in a comment to an earlier post, Senator Creigh Deeds just introduced SB 630, a bill to abolish the CAV.

I am told by a reliable source outside our firm that SB 630 is some kind of a statement being made by Senator Deeds, alone.

I am also told by sources closer to home that I should not make fun of legislators while Monica is a candidate for the Court of Appeals.

Ergo, I will not waste your time arguing against SB 630. (Although a person inclined to make such an argument might start with the caseload reports.)

Instead, secure in the knowledge that we’ve dodged intermediate appellate Armageddon for now, I will pass along some tips from the CLE after the jump.Continue Reading La Fin Absolue du CAV?

A piece in the Baltimore Sun last week makes the case that the traditionally conservative Fourth Circuit is becoming increasingly progressive.

The primary support for the argument appears to be:

  1. Results in about a half dozen recent opinions, including a series of defendant-favorable Fourth Amendment holdings and the court’s rejection of challenges to the Affordable

Loyal readers are no doubt wondering what happened to last week’s post; I know that many of you plan your week around the sunbursts of appellate goodness that rarely regularly shine forth from these pages.

The short answer is that it’s hiding. Last week I did a guest post at Chris Hill’s blog, Construction Law