Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case
2/6/26
In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical diagnosis or treatment”—to introduce …
Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court
1/30/26
In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law generally requires an affidavit …
1/28/26
In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion seeking to set aside an …
Indiana Supreme Court doubles down on finality: Post judgment amendments barred
12/22/25
Earlier this year, we wrote about the Indiana Supreme Court’s decision in Automotive Finance Corp. v. Liu, 250 N.E.3d 406 (2025), which emphasized that the finality of judgments outweighs competing arguments grounded in fairness. That …
When the appellate clock starts ticking: Electronic dockets, stamps and a harsh result
12/22/25
A recent decision from the Illinois Appellate Court, First District reinforces the simple but unforgiving truth for litigants seeking to appeal: when a judgment order appears on the electronic docket, the clock starts, and a missing …
Appellate Practice: The right-for-any-reason rule
12/9/25
By: Jacob Daly
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues …
11/7/25
On October 31, 2025, Judge Edith Jones wrote for the Fifth Circuit in Hiran Management, Inc. v. NLRB: “Ninety years after Congress created the National Labor Relations Board (“NLRB”) the NLRB claimed for the …
Vertical stare decisis: Can a District Court of Appeal overrule Florida Supreme Court precedent?
11/4/25
The First District Court of Appeal recently struck down a Florida law that prohibited people from openly carrying firearms in public. The court held that section 790.053 violated the Second Amendment as applied to the states …
Half-sheet, whole problem: A lesson in appellate timeliness
10/10/25
By: Donald Patrick Eckler and Ryne Sack
In National Collegiate Student Loan Trust v. Phelps, the Illinois Supreme Court held that a notice of appeal was untimely filed, where the half-sheet shows that the court entered judgment more than …
Illinois Appellate Court looks beyond label to apply shorter statute of limitations
10/8/25
The Illinois Appellate Court recently held that a breach of fiduciary duty claim, brought by one sibling against another, was in effect a claim against their father’s estate and therefore time-barred.
In Smith v. Connor, …
California court declines to compel arbitration without evidence of plaintiff consent
9/29/25
By: Rachel E. Hobbs
In the Third Appellate District decision of Brockman v. Kaiser Foundation Hospitals, the plaintiff was a biological female who sued the defendants for medical malpractice in connection with her gender-affirming treatment. She alleged that her …
9/15/25
By: William H. Buechner, Jr. and Philip W. Savrin
FMG Attorneys Phil Savrin and Bill Buechner prevailed upon the Eleventh Circuit to affirm the grant of summary judgment to the insurer on novel issues of Georgia insurance law. The case …