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Chairman, Appellate Practice Section, Virginia Bar Association
Rated AV by Martindale Hubbell
Practice focuses exclusively on appellate advocacy in the state and federal courts
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Bar admisions: |
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Virginia State Bar |
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U.S. District Court, Eastern District of VA; Western District of VA |
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Fourth Circuit Court of Appeals |
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Honors and Awards |
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Listed in The Best Lawyers in America in the field of appellate law |
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Listed in Super Lawyers |
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Virginia Beach Bar Association's Joseph L. Lyle, Jr. Award for Professionalism |
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Leaders in the Law from Virginia Lawyers Weekly |
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Education |
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J.D., University of Virginia, 1982 |
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B.A., Richmond College, 1979 (departmental honors; Phi Beta Kappa) |
| Experience |
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Private practice: 1982 - 1990 and 1999 - present |
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Public sector: Virginia Beach City Attorney's Office, 1990 - 1999
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Handled a variety of litigation for the City of Virginia Beach, including major tort cases, challenges to municipal authority, eminent domain, tax challenges, civil rights, public sector employment cases
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Founded (2005) and authors appellate Web site Virginia Appellate News & Analysis which provides same-day analysis of Supreme Court of Virginia and Court of Appeals decisions
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Developed Supreme Court of Virginias program that provides panels of volunteer appellate attorneys to represent indigent litigants in civil appeals
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Member of Virginia's Appellate Rules Advisory Committee
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Organized and presented 2008 Virginia Appellate Summit in Richmond
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Introduced to Virginia the symposium method of teaching appellate advocacy to small groups of attorneys
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Frequent lectures at conferences and seminars on appellate law
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| Work of Distinction |
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Author, Election of Remedies in the 21st Century, 44 U. Richmond Law Rev. 149 (2009) |
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Delivered Professionalism lecture at the Norman Adrian Wiggins School of Law (Campbell University) (2009) |
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Founder of Virginia Bar Association's Appellate Practice Section (2009) |
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MacArthur v. U.Va. Health Services Foundation, 275 Va. 319 (2008)
Obtained landmark reversal of ruling that had extended charitable immunity to doctors at U.Va. hospital.
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In re Moseley, 273 Va. 688 (2007)
Designated by Supreme Court to defend trial courts disciplinary order against attorney; decision reaffirmed right of trial courts to suspend attorneys from practice in their given jurisdiction.
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McGuire v. Hodges, 273 Va. 199 (2007)
Obtained reinstatement of wrongful death verdict for childs drowning death; frequently cited case on proximate causation.
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CTC v. Target Corporation, 274 Va. 341 (2007)
Successful defense of $3.5 million condemnation award; several important rulings on waiver and procedural defaults.
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Alcoy v. Valley Nursing Homes, 272 Va. 37 (2006)
Obtained reversal of order dismissing premises liability claim; distinguished this claim from medical malpractice claim; remanded for trial.
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McNally v. Rey, 275 Va. 475 (2008)
Obtained reversal of sanction award against an attorney who had filed bankruptcy petition for his client on the eve of trial; Supreme Court ruled that the filing of a bankruptcy petition is a protected right and cannot be sanctioned.
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AT&T Wireless PCS v. City Council of Virginia Beach , 155 F.3d 423 (4th Cir. 1998)
This was the first reported appellate opinion in the nation interpreting the Telecommunications Act of 1996. Obtained a reversal of a trial courts order compelling the Virginia Beach City Council to approve a controversial cell tower site.
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Hadeed v. Abraham, No. 03-1779, No. 03-1962, 103 Fed. Appx. 706; 2004 U.S. App. LEXIS 13496, (4th Cir. June 30, 2004)
Upheld significant award of sanctions for the filing of a frivolous civil rights lawsuit.
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City of Virginia Beach v. Giant Square Shopping Center Co., 255 Va. 467 (1998)
Obtained reversal of sizeable condemnation award due to the landowners appointment of improper commissioner.
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| Legal Affiliations |
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Virginia Beach and Federal Bar Associations |
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Virginia State Bar (Immediate past chair, Appellate Practice Committee) |
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Virginia Bar Association (Founder and chair, Appellate Practice Section; Boyd Graves Conference) |
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Virginia Trial Lawyers Association (Co-chair, Developments in the Law Committee) |
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American Bar Association (Council of Appellate Lawyers) |
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