Appellate Practice

135+
Years of
Serving Businesses
40+
Practicing Areas
of Law
50+
Cross-disciplinary
Attorneys
practiceAreaDev2021

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.

Whether pursuing an appeal or defending against one, the appellate world is complicated and it is essential for litigants to have a skilled appellate attorney to help navigate the process.  Vandeventer Black’s attorneys have experience with matters on appeal before the Supreme Court of Virginia, the Court of Appeals of Virginia, the United States Courts of Appeals, various administrative appellate tribunals, and the Supreme Court of the United States. 

Because of our existing practice, the firm has regularly handled cases before the Court of Appeals of Virginia and is prepared to assist clients after the January 1, 2022 expansion which gives most civil litigants a right of appeal.  Not only do we handle appeals for matters on which we provided counsel at the trial level, but we also provide appellate counsel and consulting services for matters that have already been addressed at the lower court.  

 

We represent many different types of clients in a large variety of civil appellate matters.  Notably, we represent clients on appeal in business disputes, real estate disputes, trust and estate disputes, construction disputes, government contracting disputes, insurance matters, maritime matters, transportation law matters, workers’ compensation defense cases, and professional liability defense matters.  We also are available to provide local counsel in appellate matters and to represent non-parties who desire to participate in an appeal in an amicus capacity. 

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
Appellate Practice: Original Jurisdiction Of Virginia Appellate Courts
Daniel L. Stephens
As discussed in our recent article, the Virginia General Assembly voted to allow most criminal defendants and civil litigants to have an appeal as of right to the Court of Appeals of Virginia starting on January 1, 2022. This means that Virginia lawyers will spend more time in the Commonwealth’s ...
Read More
U.S. Supreme Court Rules that the NCAA’s Limits on Education-Related Benefits Violate Federal Antitrust Law
W. Thomas Chappell
In a recent unanimous decision, the Supreme Court of the United States in NCAA v. Alston ruled that the National Collegiate Athletic Association’s (NCAA) limits on education-related benefits are invalid under federal antitrust law. This decision will affect compensation rules for student-athletes and is perhaps a sign of potential changes ahead ...
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Virginia Has Created a New Right of Appeal for Civil and Criminal Litigants
W. Thomas Chappell, Daniel Salmon
Until this last legislative session, Virginia was the only state in the nation without a right of appeal from civil judgments and criminal convictions.  However, the most recent General Assembly session passed, and the Governor signed, perhaps the most consequential piece of legislation affecting the Virginia legal system in many ...
Read More

Attorneys

Anne G. Bibeau
Practice Area Leader

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