This CLE course will cover the options available to litigants to appeal interlocutory circuit court decisions before a final order. Specifically, the three areas discussed include the basics of Virginia appellate procedure and landscape, methods and options to pursue interlocutory appeals to the CAV, and methods and options to pursue interlocutory appeals to the SCV for immunity and injunction decisions.

Peter S. Askin

Partner

Thompson McMullan, P.C.

Peter knows Virginia’s courthouses. He’s worked for judges in Virginia circuit court, the federal court for the Eastern District of Virginia, and the Supreme Court of Virginia. Now, he practices in those same courtrooms, which are walking-distance from his office. Peter is a Virginia lawyer, with experience both in front of—and behind—the bench.

At the trial level, Peter has regularly served as first and second chair, strategizing and managing all phases of civil litigation, including pleading, discovery,  motions, and trial. He has expertise litigating in the federal court for the Eastern District of Virginia—also known as the “Rocket Docket” for its speed—relying on his experience clerking for the Honorable Elizabeth W. Hanes. Having also tried and won cases in General District Court and Circuit Court in multiple jurisdictions, Peter has equally specialized knowledge of Virginia state courts.

Peter further serves as a state and federal appeals attorney—a rapidly-expanding practice in Virginia. He has briefed and orally argued multiple appeals before the Court of Appeals of Virginia, Supreme Court of Virginia, and U.S. Court of Appeals for the Fourth Circuit. His clerkship for Chief Justice S. Bernard Goodwyn on the Supreme Court gave him valuable insight into navigating or exploiting appellate procedural hurdles, and exposed him to a comprehensive view of civil claims and defenses—be it commercial, employment, property, personal injury, or other tort.

Peter’s mix of trial and appellate experience makes him ideal for strategizing complex cases that require a deep understanding of Virginia’s various courts, forums, procedures, and judges. Peter has served, for instance, as embedded appellate counsel for other trial attorneys, assisting them in setting the stage for appeals in high-dollar cases. See, e.g, Roque v. Winters (reversing  $5 million jury verdict).

Timothy A. Richard

Associate

Thompson McMullan, P.C.

A graduate of The Catholic University of America, Columbus School of Law, Timothy A. Richard served as the Managing Editor of the Catholic University Law Review and was active in moot court. Outside of the classroom, Tim held internships with the Newport News Commonwealth’s Attorney Office and with the Honorable Ryan T. Holte at the Court of Federal Claims.

Prior to joining ThompsonMcMullan, Tim clerked for the Judges of the 23rd Judicial Circuit of Virginia in Roanoke, which he feels was the best way to enter the legal profession because he saw a variety of issues at every stage of litigation in his first year as a lawyer. He then served as a clerk for the Honorable Glen A. Huff with the Court of Appeals of Virginia, where he learned firsthand how the decisions at trial, of both lawyers and judges, impact cases on appeal.

In his litigation practice with ThompsonMcMullan, Tim tries cases in general district court, prepares and argues motions in state and federal court, and represents clients in both the Eastern and Western Districts of Virginia. In his appellate practice, he regularly appears in the Fourth Circuit and the Supreme Court of Virginia and has argued in the Court of Appeals of Virginia. Tim also regularly presents CLEs to regional bar associations and practice-based organizations on appellate procedures.