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Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more

Incomplete Appellate Record Dooms Appeal: Lessons for Appellate Practitioners

The Supreme Court of Virginia taught appellate practitioners yet another hard lesson in how procedural pitfalls can scuttle otherwise compelling appeals. In Eckard v. Commonwealth, the pitfall was failing to get the complete...more

Court Slashes Attorney Fees, Slams ChatGPT

US District Judge Engelmayer, from the Southern District of New York, put on a bit of a clinic last week when ruling on an attorney fee application in J.G. v. New York City Department of Education.  The plaintiff’s law firm...more

Word Limits and Page Limits are Real: The Rules Against “Incorporating Arguments by Reference”

You might think 50 pages or 12,300 words, in the Virginia Court of Appeals, or 30 pages or 13,000 words, in the federal courts of appeals, would be more than enough space for a lawyer to get out an argument. If you do, you’re...more

A Trap for the Unwary: Defaulting Related, but Different, Issues on Appeal

Evans v. Evans has rightly received attention for its helpful discussion of when notice by publication is permitted. Less prominently featured, but as important for appellate practitioners, is the Supreme Court’s discussion...more

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