Elaine D. McCafferty

Elaine’s practice is devoted to appellate advocacy. She has litigated appeals in state and federal courts involving products liability, malpractice, labor and employment, and property rights. She has argued before the United States Court of Appeals for the Fourth Circuit, Supreme Court of Virginia, and Court of Appeals of Virginia. She also advises corporate and individual clients with developing appellate issues and strategies at the trial level.

Before joining Woods Rogers, Elaine served as a law clerk to the Honorable Chief Justice Lemons of the Supreme Court of Virginia from 2017 to 2020. During law school, she externed for the Honorable Michael F. Urbanski of the United States District Court for the Western District of Virginia.

Elaine earned her law degree from Washington and Lee University School of Law, where she was a Burks Scholar and Lead Articles Editor for the Washington and Lee Law Review.

• H.C. v. Sentara Northern Virginia Medical Center, No. 052123 (Court of Appeals of Virginia 2024) (battery action concerning vicarious liability of healthcare providers for employees’ intentional torts).
• Johnson v. Eldor Automotive, No. 23-1673 (4th Cir. 2024) (employment action regarding issues of fair notice under the Fair Labor Standards Act).
• Harris v. Washington and Lee University, No. 108323 (Court of Appeals of Virgina 2024) (wrongful discharge action involving statutory meaning of an employee under Virginia’s Whistleblower Protection Act).
• Burch v. Sensenig, No. 019423 (Court of Appeals of Virginia 2024) (medical malpractice action involving “empty chair” issues).
• Jordan v. Large, 27 F.4th 308 (4th Cir. 2022) (civil rights case regarding whether jury verdict and deadlock are capable of being irreconcilably inconsistent).

Recognition

Clerkships

Hon. Chief Justice Lemons, Supreme Court of Virginia

Education

Washington & Lee University School of Law, J.D., summa cum laude

University of Connecticut, B.A.

Admissions

Virginia

U.S. Court of Appeals, Fourth Circuit

U.S. District Court, Eastern District of Virginia 

U.S. District Court, Western District of Virginia 

Virginia Association of Defense Attorneys, Appellate Advocacy Section, Chair (2023-2024)

with Beth Burgin Waller, Comment: The Necessary Evolution of State Data Breach Notification Laws: Keeping Pace with New Cyber Threats, Quantum Decryption, and the Rapid Expansion of Technology, Washington and Lee Law Review, Winter 2022.