Monthly Archives: April 2024

The Virginia Court of Appeals issued an important ruling the other year that spells out the burden of proof that a plaintiff has when seeking to utilize the alternative-pleading model of Hunter v. Hunter, 298 Va. 414 (2020). Full disclosure: I litigated Hunter v. Hunter (“Hunter I”) before the Virginia Supreme Court in 2020, and I also litigated this case before the Court of Appeals in 2023. The case styling is Hunter v. Hunter, 77 Va. App. 468 (2023). I’ll refer to it here as “Hunter II.” In Hunter II, the Court of Appeals examined a case where the plaintiff used the alternative-pleading model to …