John’s practice focuses on appellate litigation in both state and federal court. John regularly represents individuals, businesses and public officials at both the trial and appellate levels on a wide range of issues, including wills and trusts, civil rights, and local government law.
John has been selected to the Super Lawyer’s “Rising Stars” Virginia List, Appellate category, 2018. He has also been recognized as one of Virginia Business Magazine’s Legal Elite for Appellate Law, and serves as a member of the Joint ADR Committee (JADRC) Council’s Special Committee To Study Appellate Mediation in Virginia.
John joined ThompsonMcMullan after clerking with the Honorable Chief Justice Cynthia D. Kinser at the Supreme Court of Virginia, where he routinely reviewed petitions for appeal, researched issues for appellate review, and assisted in drafting and editing opinions. During his time clerking, John grew to appreciate the unique skills necessary for great appellate advocacy on which he bases his practice today.
John is an alumnus of Christendom College, where he received a Bachelor of Arts degree in History. He then attended the University of Richmond School of Law, where he was the Allen Chair Editor for the University of Richmond Law Review, and a board member of the Client Counseling and Negotiation board.
John and his wife live in Richmond with their five children. He enjoys cycling, reading, and spending time with his family. John is also passionate about education and currently serves as the Founding President of Cardinal Newman Academy, an independent high school in Richmond.
- J.D., University of Richmond School of Law, cum laude, 2009
- B.A., Christendom College, magna cum laude, 2006
Disclaimer: Case results depend upon a variety of factors unique to each case. ThompsonMcMullan, P.C. cannot guarantee or predict similar results in any future case taken by the attorney.
Forest Lakes Cmty. Ass’n v. United Land Corp. of Am., 293 Va. 113 (2017). Successfully represented property owner in multi-party litigation involving nuisance and trespass claims. The Supreme Court of Virginia ruled that the actions were barred by the statute of limitations.
Rafalko v. Georgiadis, 290 Va. 384 (2014). Successfully represented testator’s sons in appeal regarding whether they had violated a no-contest clause in their father’s will. In a 4-3 decision, the Supreme Court of Virginia affirmed the trial court’s ruling that it had authority to evaluate the trustee’s actions, that the sons had not violated the no-contest clause, and there was sufficient evidence to support that the trustee’s finding to the contrary was made in bad faith.
In re Vauter, 292 Va. 761 (2016). Successfully represented Virginia circuit court in an original jurisdiction proceeding to determine whether a writ of prohibition lay to prohibit the court from exercising habeas corpus jurisdiction. The Supreme Court denied the writ on the grounds that the court had jurisdiction under the habeas corpus statutes.
Baldwin v. Baker, 94 Va. Cir. 366 (2016). Obtained dismissal of defamation and wrongful termination claims against public official. Plaintiffs were former employees of locality’s community services board who sued various officials, including the chair of the board of directors, for defamation and wrongful termination in violation of public policy. Court agreed that the alleged statements of our client were not actionable defamation and that the allegations did not state an actionable Bowman wrongful termination claim.
On March 20, 2019
In the Spring 2019 edition of the Virginia Bar Association Journal, appellate attorney John O’Herron authored an article on Virginia’s offering of a formal appellate mediation program.From . . .
On October 16, 2017
John O’Herron recently published an article in the Virginia State Bar’s “Virginia Lawyer” entitled “What I Learned from Justice Cynthia D. Kinser
About Being a Lawyer”. You can . . .
On May 19, 2016
Last December, I previewed the case of Luttrell v. Cucco, which had, at that time, just been taken up by the Supreme Court of Virginia. The Court recently issued . . .
SCOVA Watch: Does Virginia’s spousal support termination statute encompass cohabitation of same-sex couples?
On December 7, 2015
[Note: SCOVA Watch will be a recurring series of posts highlighting select petitions for appeal granted by the Supreme Court of Virginia that may interest practitioners]
On November 10, 2015 . . .
On April 28, 2015
In 2008, Congress enacted the ADA Amendments Act of 2008 (ADAAA), which expanded the Americans with Disabilities Act of 1991 (“ADA”). Congress passed the ADAAA with the express intent of . . .
- Selected to the Super Lawyer’s “Rising Stars” Virginia List, Appellate category, 2018
- Virginia Business Magazine’s “Legal Elite”, Appellate Law category, 2015 – 2017
- Virginia State Bar
- Virginia Bar Association
- Richmond Bar Association
- Federal Bar Association
- Member, Joint ADR Committee, Special Committee to Study Appellate Mediation in Virginia
- President, Board of Directors, Cardinal Newman Academy
- Pastoral Council Member, Saint Benedict Catholic Church
- Board of Directors, St. Thomas More Society