The Virginia Appellate Lawyer’s Court of Appeals of Virginia Blog

A very busy work schedule (not sure when the “semi” part of semi-retired will kick back in) has kept your correspondent from updating this space for a few weeks. Here is what’s happened while I’ve been occupied. Decisions announced April 12, 2022 Tate Morris v. George Mason University is an administrative law case addressing the dismissal of a state employee who was terminated due to his failure to follow workplace safety protocols related to the COVID-19 pandemic. Now if you

I remember the invasion of Grenada being described as “knocking over a fruit stand with an aircraft carrier.”  Well, today I had my first legitimate appellate court win since going into private practice.  I cannot say I feel much elation however, because this was a victory somewhat less difficult than Grenada was for the navy and the marines.  Without going into great detail, let’s just say that I represented the appellee in a civil case which very much turned on the credibil

I am pleased to report that my one-time Supreme Court of Virginia Law Clerk colleague John O’Herron has started his own Virginia Appellate Blawg called Richmond Appeals. I feel certain that his insights into the appellate process will be fair more helpful and entertaining than mine . . . and I will get him for it if it’s the last thing I do.  Welcome to the Club, John!

Today the Supreme Court of Virginia held its first in-person writ panel since in the COVID endemic era — I believe that for the present this is the best that we can hope for.  That is, recognizing that COVID will continue to be a concern, but not at the level of a pandemic.  Unlike endemic flu, however, COVID will require, at least for the present, precautions beyond a recommended booster every 6 to 12 months. For the Supreme Court, this mean limiting in person attendance to

The Court of Appeals returns with two published opinion on this Tuesday, which also happens to be the first day that the Supreme Court has returned to in-person arguments for writ panels — which is why this post come to you from our fair Capitol City and not the Star City of the Blue Ridge as your humble correspondent is both presenting argument and observing argument. Anita Shana-Nicole Simms v. Alexandria Department of Community and Human Services poses the question whether