Appellate Practice

Appellate Practice

Vandeventer Black’s experience in appellate matters has been a long-standing aspect of our litigation strength and depth. We are often asked to handle cases on appeal in both appellate courts and administrative agencies at the state and federal levels.

Our attorneys regularly serve as appellate counsel in cases before the Court of Appeals of Virginia and the Supreme Court of Virginia. We have handled appeals before the federal Courts of Appeal for the Fourth, Fifth, Sixth, Ninth, and Federal Circuits and have appeared before the United State Supreme Court, where several of our attorneys are licensed to practice. We also frequently appear before administrative tribunals, including the Virginia Workers’ Compensation Commission, the Armed Services Board of Contract Appeals, and the Benefits Review Board. 

In Virginia, effective January 2022, legislation will implement a right of appeal in all civil and criminal matters arising out of the Circuit Courts. These appeals will initially be heard in the Court of Appeals of Virginia, which historically has only considered workers’ compensation, family law, and a limited class of other cases. Based on our history and workers’ compensation practice, we are ready to assist litigants, whether we represented the litigants at the trial level or not.

A number of our attorneys are former judicial law clerks, including for the Court of Appeals of Virginia and the Supreme Court of Virginia, bringing expertise unique to this growing practice area.

Articles
Supreme Court Of Virginia Now Requires Votes Of Two Writ Panel Members To Grant An Appeal
Appellate Practice
W. Thomas Chappell
Recently, the Supreme Court of Virginia decided to change its practice regarding the requirements for granting a petition for appeal to create a seemingly higher threshold. A party who wishes to appeal a lower court decision to the Supreme Court of Virginia typically may not take the appeal directly before ...
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ASBCA Holds that of Contracting Officer’s Decision does Preclude Appeal Challenging Performance Evaluations
Neil Lowenstein
Authored by attorney Neil S. Lowenstein In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as ...
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Sup. Ct Hands Down New Opinoins
Appellate Practice
Vandeventer Black
Found Here: http://appellate.nccourts.org/opinions/?c=sc&year=2012 There is a workers’ comp case here: http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi81MzlBMTEtMS5wZGY= A Rule 9(j) case here: http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi80NDNBMTEtMS5wZGY= ...
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