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 …
Category: Appellate Advocacy
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
Oyez! Oyez! Oyez! – U.S. Supreme Court preview
9/10/25
The United States Supreme Court’s October 2025 term begins on October 6, 2025. The Court will cover a lot of ground this term, but three cases stand out as having broad applicability in …
Third Circuit reverses class certification in insurance underpayment suit
9/3/25
By: Sean R. Riley
The Third Circuit Court of Appeals recently reversed the District Court for the Eastern District of Pennsylvania’s decision to certify two classes against an insurance carrier, holding that individualized issues predominated over common …