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: Waiver

Appealing Evidentiary Rulings, Part 2: My Objection Was Overruled–Now What?

Posted in Appellate Practice, Preservation of Error
A few weeks back, we wrote about appealing evidentiary rulings. That post generated a pretty obvious follow-up question: What do you do when your (clearly correct) objection is overruled, and the bad guys are allowed to introduce their (wildly improper) evidence? The problem may be most starkly presented when you file a motion in limine, stating a detailed… Continue Reading

Urban Legends of the Law: The Nusbaum Motion

Posted in Appellate Practice, Opinions and Analysis, Preservation of Error
My colleague and sometime coauthor, Travis Graham, is an eccentric civil procedure genius and all-around good guy. Among his other hobbies, Travis collects popular misconceptions of the law. He recently told me about a new urban legend making the rounds: the Nusbaum motion. As I understand it, there is a perception brewing in some corners of the bar that you need to file… Continue Reading