2/23/22
By: Michael Freed
The Supreme Court of Georgia heard oral argument last week in General Motors LLC v. Buchanan. This highly watched appeal arose from a trial court’s denial of General Motors’s motion for protective order seeking to prevent …
Category: Appellate Advocacy
2/23/22
The Chief Justice of the Georgia Supreme Court, David E. Nahmias, submitted a letter to Governor Kemp on February 11 announcing that he would be resigning from his position at the conclusion of the Court’s …
The preservation of appellate rights is critical to any trial
2/15/22
In a rare trade secret appeal involving two competitors in the alcohol sale software business, the United States Court of Appeals for the Eleventh Circuit provided a not-so-subtle reminder to all attorneys that correctly preserving appellate …
COVID afflicted cases have incubated long enough
2/10/22
By: Wayne S. Melnick and Carlos Fernández
Recently, we examined one of the first rulings about the Georgia Supreme Court’s Emergency Orders and their effect on a case’s statute of limitations. In Owens, the Middle District of Georgia …
More action on the apportionment front in Georgia
1/18/22
By: Bob Marcovitch
Since the time that the Georgia General Assembly enacted tort reform legislation in 2005, surely the most litigated element of the reforms put in place has been the provision for apportionment to non-parties that was contained in …
The preservation of appellate rights is critical to any trial
1/11/22
In a rare trade secret appeal involving two competitors in the alcohol sale software business, the United States Court of Appeals for the Eleventh Circuit provided a not-so-subtle reminder to all attorneys that correctly preserving appellate …
Appellate Arguments in the Age of COVID
12/22/21
By: Philip Savrin
The COVID pandemic has impacted the practice of law in many ways including moratoriums on jury trials, conducting depositions remotely on ZOOM platforms, and courthouses being closed to the public. For the most part, however, the appellate …
Gauging the effects of Covid-19 on the appellate courts
11/15/21
By: Sean Riley
As Courts across the country closed their doors to in-person trials and hearings, concerns began to mount that the courts would be inundated with a backlog of trials and appeals that would cause longstanding delays in the …
11/4/21
In Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021), the New Jersey Appellate Division rejected a plaintiff’s argument that the trial court erred in ruling that the …
Motions in limine and preserving error for appeal
10/6/21
By: Jacob E. Daly
Since the mid-1800s, Georgia law has required attorneys to object on the record to an alleged error at trial at the earliest possible opportunity in order to preserve the alleged error for consideration by the appellate courts. Known …
PA Supreme Court weighs novel doctrine of enterprise liability
8/25/21
By: Sean Riley
In the case of Mortimer v. McCool, No. 37 MAP 2020 (Pa. July 21, 2021), the Pennsylvania Supreme Court addressed a doctrine of piercing the corporate veil previously novel to Pennsylvania law, known variously as “single-entity,” “enterprise,” or “horizontal” liability. The matter arose out of injuries sustained by the …
Dixie Fire burns from one side of the Sierras to the other, with claims sure to follow
8/20/21
By: Zach Moura
The California Insurance Commissioner has issued a consumer alert as the Dixie Fire in Northern California becomes the first in California’s history to “burn its way clear across” the Sierra Nevada mountain range, according to Cal Fire …