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: Assignments of Error

How Now, Black Cow? Supreme Court Releases 4 Unpublished Orders

Posted in Opinions and Analysis
The Supreme Court of Virginia released four unpublished orders on Friday. Steve Emmert has a fun write-up over at his website. The discussion of Browning v. East alone makes it worth reading. Here’s a preview: This is a vehicular-collision appeal, but it really-most-sincerely isn’t your ordinary collision case. The driver of the only vehicle involved struck a… Continue Reading

What’s an Appellant (or Appellee) to Do? Supreme Confusion Over Assignments of Error

Posted in Appellate Practice
The Supreme Court of Virginia’s recent treatment of assignments of error has been inconsistent, and that makes life difficult for appellants and appellees alike. Background: Supreme Court’s Crackdown on Assignments of Error Alarms Appellate Practitioners For the past year or so, the Supreme Court of Virginia has been getting increasingly demanding in its treatement to assignments of error. Steve… Continue Reading

Howell v. Sobhan: Appellate Practice Points from the Supreme Court’s New Opinion

Posted in Opinions and Analysis
In Howell v. Sobhan, the Supreme Court of Virginia clarifies the law of proximate cause and gives us a new opinion replete with appellate practice pointers. The Case The plaintiff, Esther Howell, went to a gastroenterologist for a colonoscopy. He found 3 polyps in her colon, but was only able to remove one. The gastroenterologist sent… Continue Reading