Preventing Nightmares: Preserving Issues and Avoiding Waiver (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 09/30/2020


A pre-recorded streaming video replay from the September 2017 webcast, Preventing Nightmares: Preserving Issues and Avoiding Waiver.

Why Attend?

Trial Techniques That Lead to Successful Appeals

  • Learn the necessary techniques to preserve issues for appeal
  • Understand the traps, and how to avoid them
  • Stay current with an explanation of the most recent cases, presented by outstanding appellate lawyers

All too often, lawyers arrive in appellate courts with a solid argument for reversal, only to learn that their promising issue has been waived by a failure to preserve it in the trial court. In this program, two experienced appellate lawyers explain some of the ways to avoid having to answer troubling waiver questions at the appellate lectern. The program focuses on hidden waiver traps and on the contemporaneous objection rule, recognizing the fact that preservation isn’t an appellate skill: it’s a trial-court skill.

The seminar will explore all the basic rules associated with issue preservation, and focus specifically on the many traps for the unwary. In addition, our speakers will examine the most recent rulings of the Supreme Court of Virginia and Court of Appeals of Virginia as they affect trial practice and appellate preservation, including:

  • The last-minute-filing trap: Alexandria and Landini
  • The vague-preservation trap: Hicks, VEPCO v. Hylton, Shareholder Repres. Servs. and Horbal
  • The shallow-brief trap: Lafferty, Egan, Bartley and Palmer
  • The get-a-ruling trap: Shareholder again, NN Shipbuilding ECU, Mayr, Hackett, and Coe
  • The Goldilocks trap: Forest Lakes COA, Wright, Navar, Inc. , and Rafalko
  • The amendment trap: Roop; and 2017 legislation to expose the demurrer trap
  • The nonrenewal trap: White and Porter
  • The after-born trap: Tyson
  • And any other recently decided cases affecting appellate issues




L. Steven Emmert, Sykes, Bourdon, Ahern & Levy, P.C. / Virginia Beach
Kevin E. Martingayle, Bischoff | Martingayle / Virginia Beach

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