Supreme Court of Georgia pilots two minutes of uninterrupted oral argument time
4/21/25
By: Elissa B. Haynes
If you’ve ever stood at the podium in the Supreme Court of Georgia ready to present an appellate argument, you know the drill: you barely get your opening sentence out before a question from the bench …
Prompt entry of judgment can be the difference in a case victory
4/3/25
By: Donald Patrick Eckler and Madeline M. Krolczyk
In Thomas v. LVNV Funding LLC, the Seventh Circuit Court of Appeals highlights the importance of the procedure of timeliness in appeals. On Dec. 13, 2023, a jury returned a verdict …
3/26/25
By: P. Michael Freed and Xander D. Melnick
Addressing an issue of first impression, the Supreme Court of Georgia recently held that the New York Times v. Sullivan “actual malice” standard does not apply to a defamation plaintiff’s burden to …
Supreme Court clarifies the amendment/dismissal distinction for supplemental jurisdiction
3/12/25
By: P. Michael Freed and Lee D. Whatling
Since 2007, federal courts exercising federal question jurisdiction have relied on the United States Supreme Court’s footnote in Rockwell International Corporation v. United States, 549 U.S. 457 n. 6 (2007), to …
2/17/25
The Connecticut Supreme Court, in a 4-1 decision, in L.L. et al v. Newell Brands, Inc., et al, 351 Conn. 262 (2025), declined to recognize a common-law cause of action for loss of filial …
2/6/25
By: Donald Patrick Eckler and Joshua W. Zhao
In Automotive Finance Corp v. Liu., No. 2025 WL 274071, the Indiana Supreme Court held that the trial court could not use Trial Rule 60(B)(3) to grant relief on grounds that …
FMG convinces Eleventh Circuit to find for client on competing “other insurance” clauses
12/27/24
By: James G. Bozza and Jessica C. Samford
In a published opinion, the Court of Appeals for the Eleventh Circuit has held that purely excess language in one “Other Insurance” clause makes that policy excess over another policy that allows …
12/26/24
By: Nancy Reimer
On December 23, 2024 the U.S. Court of Appeals for the Fifth Circuit lifted the temporary injunction issued by the Eastern District of Texas Federal Court reinstating the requirement to file the Beneficial Ownership Interest (“BOI”) form …
First Circuit Court of Appeals affirms limited “mode-of-operation” theory in negligence cases
11/20/24
By: David A. Slocum
The First Circuit Court of Appeals recently ruled the “mode-of-operation” notice theory under Massachusetts law did not apply to a negligence claim arising out of a patron’s slip and fall at TD Garden in Boston. In …
Indiana Supreme Court holds appellant’s failure to compel record leads to discretionary dismissal
10/16/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Mayberry v. American Acceptance Co., LLC, No. 24S-SC-347, the Indiana Supreme Court held that an appellant’s failure to timely compel a Notice of Completion of Clerk’s Record does not require …
Appeal on the mind? Make your record—or pay the price
10/9/24
In two recent reported opinions, the United States Court of Appeals for the Third Circuit has reminded attorneys of the importance of raising claims of error and objections in the trial court before pursuing them on …
Final means final: Court considers the effect of a posttrial motion for costs on a final judgment
9/17/24
By: Donald Patrick Eckler and Jessica Sterna
A request for statutory costs does not render an otherwise final order non-final and does not thereby extend the time to file a notice of appeal. One of the appellants in Bhutani v. Barrington …