Appellate Law

Whether pursuing an appeal or defending against one, appellate procedures are complex and require knowledge of the practices and rules of appellate courts. 

We also frequently appear as appellate counsel before administrative tribunals, including the Virginia Workers’ Compensation Commission, the Armed Services Board of Contract Appeals, and the Benefits Review Board. Many of our attorneys have valuable experience as former judicial law clerks with appellate courts. 

We represent clients on appeal in a variety of disputes: 

• Business and commercial transactions 
• Real estate 
• Trusts and estates 
• Construction 
• Government contracting 
• Insurance matters 
• Maritime matters 
• Transportation law matters 
• Workers’ compensation defense cases 

• Professional liability defense 

We also provide local counsel and represent non-parties who desire to participate in an appeal in an amicus capacity.  

We gladly assist trial counsel from other law firms and clients in navigating the highly technical appeals process by providing additional assistance to trial counsel on an appeal, or by taking a lead role on a case at the appellate stage. 

Because the appeals process is so technical, experience in specific courts is important to the success of your case. Our team has experience bringing appeals before the following state and federal courts: 

Court of Appeals Virginia

Virginia provides for a right of appeal in practically-all civil and criminal matters. These appeals are heard in the Court of Appeals of Virginia and have significant procedural and substantive requirements.  

Supreme Court of Virginia

After the Court of Appeals decides a case, litigants may petition the Supreme Court of Virginia for a review of that decision. While the procedural and substantive requisites are similar to those in the Court of Appeals, the petition process is specialized and requires a highly focused approach. 

U.S. Court of Appeals for the Fourth Circuit

The Fourth Circuit appellate court handles appeals of federal district court decisions in Virginia, Maryland, West Virginia, North Carolina, and South Carolina. As with Virginia appellate courts, the Fourth Circuit Court of Appeals has its own rules, practices, and procedures, including Local Rules that supplement the Federal Rules of Appellate Procedure. 

U.S. Supreme Court

Appeals from the Fourth Circuit and, potentially, the Supreme Court of Virginia, may be considered by the Supreme Court of the United States on a certiorari basis.