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 …
Category: Appellate Advocacy
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 …
9/12/24
In Goyco v. Progressive Insurance Company, 257 N.J. 313 (2024), the New Jersey Supreme Court was called upon to decide whether the operator of a low-speed electric scooter (LSES) is entitled to personal injury protection (PIP) …
Georgia Supreme Court clarifies sovereign immunity for injunctive relief in stormwater runoff cases
9/5/24
By: R. Cameron Kline and Kevin R. Stone
The Georgia Supreme Court recently took the opportunity to clarify the scope of sovereign immunity for Georgia counties in stormwater runoff cases when injunctive relief is sought. In Satcher, et al. v. …
Four recent cases highlight the importance of obtaining finality before appealing
8/22/24
By: Donald Patrick Eckler and Joshua W. Zhao
The Illinois Appellate Court recently ruled on a series of cases considering whether an appellate court has jurisdiction to hear an appeal on a purportedly final judgment without a finding under Illinois …
CA Supreme Court clarifies analysis of unconscionable terms in employment arbitration agreements
8/8/24
By Mandy D. Hexom and Daniel Parker Jett
In Ramirez v. Charter Communications, Inc., Case No. S273802, (https://www.courts.ca.gov/opinions/documents/S273802.PDF), the California Supreme Court addressed the following question: Under what circumstances should a trial court sever substantively unconscionable terms and …
Time-limitation provisions in residential lease agreements in Georgia
8/7/24
By: Jacob E. Daly
In 2019, the Georgia Supreme Court was asked to determine the validity of a provision in a residential lease agreement that limited the time during which the tenant of an apartment complex could sue the owner …