Insights & News

One of the most frequent questions lawyers receive in litigation is why a seemingly erroneous mid-case ruling by the district court is not appealable until the entire action concludes. The exception is the interlocutory appeal; however, these are exceedingly rare.  The Final Judgment Rule  The cornerstone of federal appellate jurisdiction is the final judgment rule, codified in 28 U.S.C. § 1291. Congress long ago decided that appeals should generally await a complete resolution on the merits to avoid the inefficiency, expense, and potential for harassment that would accompany frequent piecemeal review. As the Supreme Court has reiterated, the policy against interlocutory appeals prevents the obstruction of just claims that would […]

A trademark can be any word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the source of your goods or services from those of others. In practice, the most common trademarks are business names and logos. A trademark functions like a signature — it confirms the origin of your products or services and helps customers recognize and choose them over competitors.  Trademarks serve several important purposes: they identify the origin of your products or services, provide stronger legal protection for your brand, and help guard against counterfeiting and fraud. Creative and distinctive trademarks are the most effective at achieving these goals and […]

When a plaintiff files a lawsuit in Virginia, the defendant is served with a complaint and given a specific period to respond. But what happens when a defendant simply fails to answer? The result can be a default — and ultimately a default judgment — that resolves the case entirely in the plaintiff’s favor without a trial on the merits.  What Is a Default in Virginia Courts?  In Virginia, a default occurs when a defendant who has been properly served with process fails to file a responsive pleading within the time permitted by law. In circuit court, a defendant generally has 21 days after service to file an answer or other responsive pleading. If […]

When a lawsuit is filed, the defendant’s first instinct is often to fight back — but not every case deserves a full-blown defense on the merits. In Virginia, one of the most powerful early tools available to a defendant is the motion to dismiss, which asks the court to throw out all or part of the plaintiff’s case before discovery even begins. Understanding how a motion to dismiss works in Virginia is essential for both plaintiffs drafting their complaints and defendants evaluating their options.  What Is a Demurrer in Virginia?  In Virginia circuit courts, the procedural mechanism for challenging the legal sufficiency of […]