Get Helpful Insight Into Your Case From The Richmond Trial And Appellate Lawyers at The Mottley Law Firm
The attorneys at The Mottley Law Firm, Kevin Mottley and Ben Kyber, are Richmond, Virginia based trial lawyers committed to fighting for their client's rights in the areas of business litigation, will contests, trust and estate disputes, appellate litigation, and in personal injury cases, including brain injury cases. In this blog, Kevin and Ben provide their takes on legal developments in these areas of the law, as well as some other topics of interest to them.
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If I Win My Case, Can I Recover My Attorney's Fees? Under the "American rule," parties to litigation usually pay their own attorney's fees, regardless of who wins. But Virginia law recognizes several exceptions. -
SCOVA Holds That Estate Beneficiaries Lack Standing To Sue In Platt v. Griffith, the Supreme Court of Virginia reiterates its longstanding rule that only personal representatives can sue on behalf of an estate. -
In Sheehy v. Williams, SCOVA takes on the voluntary payment doctrine under some unusual circumstances. Under Virginia's "voluntary payment doctrine," the voluntary payment of a judgment deprives the judgment debtor and payor of their right to appeal. -
Don't Leave Necessary Parties Behind in the Trial Court In at least three published opinions, the Supreme Court of Virginia has held that an appeal must be dismissed if it does not include all necessary parties. -
Avoiding No-Contest Clauses in Wills and Trusts In Hunter v. Hunter, the Supreme Court of Virginia endorsed a two-step method for avoiding harsh consequences of "no-contest" clauses in wills and trusts. -
Lack of Adequate Record Dooms SCOVA Gun Rights Appeal Gun rights advocates appealed Richmond judge's refusal to enjoin Governor Northam's Capitol Square rally gun ban. Lack of an adequate record doomed the appeal. -
Mid-Appeal Changes to Assignments of Error "Perplex" SCOVA The Supreme Court of Virginia has repeatedly held that it is improper to change the wording of an assignment of error mid-appeal. Yet it continues to happen. -
You Can't Assign Error To A Ruling The Lower Court Didn't Make Crafting an assignment of error in the Supreme Court of Virginia is tricky. Among other things, you must accurately describe the lower court's ruling. -
Make Sure You Notice Your Appeal From The Right Order A 1967 Supreme Court of Virginia decision held that an appeal must be dismissed where the notice of appeal cited the wrong order. It is still good law. -
Don't Reply All: SCOVA Limits Replies Supporting Appellate Motions Soon, an amendment to Rule 5:4 of the Rules of the Supreme Court of Virginia will prohibit reply briefs supporting appellate motions without leave of court.