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Come Hear Judge Bill Pittman Hold Fireside Chat with Moldovan Judiciary–Oct 22

Judge Bill Pittman and I will sit down for a fireside chat this Monday to muse about the private practice of law, with a view from the bench and from the bar.  As part of the Open World international exchange program, we will be hosting the discussion for the benefit of a visiting delegation from the Moldovan judiciary.   The Moldovan delegation is especially interested in how lawyers and judges are

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What’s Going On? In re Civil Penalty, Dissents, and a Call for the Views of the Solicitor General

Apparently Marvin Gaye is not the only one who wants to know. For those of us who live and breathe the appellate rules, recent cases issued by the Court of Appeals are providing more than ample food for thought.  The question that will not die is the extent to which the Court of Appeals is bound by its own precedent.

This issue was long thought to have been put

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Fourth Circuit Judge Advocates for “Unpublishing” Panel Opinion, Simultaneously Lauds and Criticizes the Court

Appellate practitioners are familiar with the concept of moving to have the court publish an opinion that was initially issued as “unpublished.”   Much rarer is the reverse situation, where a party seeks to have an opinion that was published “demoted” to unpublished status.  And perhaps even rarer is to have that request for  “unpublishing” made by a member of the Court.  In fact, the first and only

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West Virginia Redux (maybe)

As discussed in an earlier blog post, every member of the current West Virginia Supreme Court got into some type of trouble.  According to the American Bar Association Journal’s Weekly Newsletter, Associate Justice Beth Walker, impeached by the West Virginia House, was acquitted by that state’s Senate on a vote of 31-1.

My initial impression is that this outcome is heartening.  Its near-unanimity indicates that the state’s Senate reached

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Court of Appeals: Magic Words Still Have Their Place in Med-Mal Actions

The Court of Appeals again reminded medical-malpractice litigants this week of the importance of including certain magic words about expert review in the complaint. In Fairfield v. WakeMed et al., the Court reconfirmed strict compliance with the heightened pleading standard in medical malpractice cases and affirmed the trial court’s dismissal of an action for straying too far from the language required by Rule 9(j).

Wait, didn’t we just write

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