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
By Jay O'Keeffe on Posted in Appellate PracticeNo substantive post at De Novo yet this week because I am lazy I did a piece for Guest Post Friday over at Chris Hill’s blog, Construction Law Musings. Check it out for an appellate lawyer’s thoughts on construction cases. On Monday, Steve Emmert lamented the departure (or hibernation) of some of his favorite appellate blogs. We… Continue Reading
By Jay O'Keeffe on Posted in Opinions and AnalysisThe VLW blog reports that the Western District of Virginia dismissed a state-law slip-and-fall case on a Twiqbal motion yesterday. The court’s opinion, in a case styled Branham v. Dolgencorp, is here. It’s not too surprising that the Western District would apply the new federal pleading standard—it is, after all, a federal court. But Branham is worth noting for a few reasons: It… Continue Reading
By Jay O'Keeffe on Posted in Opinions and AnalysisA few posts back, we talked about the Supreme Court of Virginia’s Fultz case, and discussed the relative evolution of state and federal pleading standards. Mack Sperling wrote in to note a recent case, Holleman v. Aiken, in which the North Carolina Court of Appeals declined to follow Twombly, stating that it lacked authority to adopt a… Continue Reading
