Civil Appeals in the Supreme Court of Virginia
Appeals By Harvey Binnall PLLC - 2018/01/09 at 09:25am
The Supreme Court of Virginia is the court of last resort for most cases brought before Virginia state courts (the exception is that, on federal issues brought in state court, some parties can ask the Supreme Court of the United States to hear their case). For civil litigation cases, the Supreme Court of Virginia’s jurisdiction to hear an appeal is discretionary; the judges have to determine whether or not they will hear the case. Here is a brief overview of the appeal process in Virginia. After a case is finally decided in the circuit court (the trial court), the unsuccessful […]
Alternative Dispute Resolution (ADR) – Why Mediate? I want to win!
Alternative Dispute Resolution By Harvey Binnall PLLC - 2018/01/09 at 09:25am
When a dispute has matured into full-blown litigation, often the relationship between the parties has soured and emotions run high. The natural result is for parties to eschew settlement and mediation and go for the all-out win in court. Mediation, however, should not be overlooked as an option, even in the most aggressive litigation strategies. Here are 3 reasons why. Litigating to trial is expensive and risky. Modern trial strategy can involve written discovery, depositions, pre-trial motions, expert witnesses, trial preparation, and (finally) trial. Each of these can be expensive and can reduce net recovery if a judgment is obtained. […]
Understanding Calendar Control in Fairfax County Circuit Court
Northern Virginia Practice and Procedure By Harvey Binnall PLLC - 2018/01/09 at 09:25am
Litigating a civil dispute in Fairfax County Circuit Court is intimidating to many lawyers, even though the court publishes a manual on its procedures. While there are a number of rules and requirements that the court uses in order to efficiently handle its very large docket and while continuances are heavily disfavored, there are a number of advantages to litigating there, such as the court’s calendar control procedures. Every weekday that the court is open, litigants in Fairfax can appear before a calendar control judge to seek various types of relief. The most common request is probably a continuance, but […]
Does Your City or State’s Sign Regulations Violate the Constitution?
Civil Rights and Liberties By Harvey Binnall PLLC - 2018/01/09 at 09:25am
In 2015 the Supreme Court struck down the sign ordinance of the small town of Gilbert, Arizona. In that case, a pastor of a local church sued to overturn the town’s regulations of signs that preferred specific types of signs over the church’s signs. The Supreme Court agreed with the pastor and in Reed v. Town of Gilbert, it held that when a sign ordinance is not content neutral, i.e. when what is printed on the sign will have some effect on whether or not it is allowed or given special treatment, then the ordinance must meet the high burden […]