Category: Appellate Advocacy

Eleventh Circuit Court of Appeals Issues New Decision on Transgender Bathroom Use; Splits with Fourth Circuit

1/20/23

Schools in Alabama, Georgia and Florida can require transgender students to use the bathroom facilities of their biological sex, rather than those that match their gender identities. Schools in other states, including Maryland, North Carolina, South Carolina, Virginia and West

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1/19/23

Every year since 2002, the American Tort Reform Foundation has issued its ranking of the country’s worst jurisdictions, which it colorfully names Judicial Hellholes®. According to ATRF, these are jurisdictions – whether an entire state’s civil …

Massachusetts Appeals Court Confirms Escape Route from Premature Notice of Appeal

12/28/22

By: Rick Nahigian

In Siddharth v. Chaturvedi, Slip Op. (November 21,2022), the Massachusetts Appeals Court held that a premature notice of appeal, i.e., one that is filed before the disposition of certain post-judgment motions, will bring the merits of an …

Are we about to see the rise of the right to earn a living?

11/15/22

By: Michael M. Hill

Appellate decisions sometimes lead to sweeping changes in public policy, particularly at the Supreme Court. One such potential policy change to watch for is whether the right to earn a living will be enshrined as a …

Police Training Reform Comes to Light in a California Courtroom

10/17/22

By: Mandy D. Hexom

The California Court of Appeal reversed summary judgment in favor of the City of San Diego which was sued by a family of a deceased motorcyclist and its passenger who led the police on a high-speed …

Connecticut Supreme Court finds that apportionment of prior owners of property following drowning death of minor is proper

9/6/22

By: Ed Storck

In a unanimous decision, the Connecticut Supreme Court in Malisa Costanzo, Administratrix, et al v. Town of Plainfield, et al, SC 20537 (July 19, 2022), upheld the Court of Appeals’ reversal of a trial courts’ order sustaining …

Cyber insurance experiencing ‘Future Shock’

8/4/22

By: Barry M. Miller and Elisabeth Gentile

The idea of “Future Shock”—that an accelerated pace of change causes social and psychological disruptions—dates from Alvin Toffler’s 1970 book of the same name. As it copes with the mutable nature of cyber …

Massachusetts Appeals Court extends protections of the Statute of Repose

7/7/22

By: David A. Slocum

In an important recent decision, the Massachusetts Appeals Court has extended the protections of the Massachusetts Statute of Repose to a painter of parking lot markings.

In Adam C. Smith v. Andrew Divoll, the plaintiff (Smith) …

Supreme Court of Georgia adopts standard for obtaining a protective order to prevent the deposition of high-ranking corporate executives

6/8/22

By: Michael Freed

The Supreme Court of Georgia granted certiorari in General Motors, LLC v. Buchanan on the question of “[w]hat factors should be considered by a trial court in ruling on a motion for a protective order under OCGA …

Eleventh Circuit Finds for Insurer in COVID-19 Case of First Impression in Georgia

6/6/22

FMG partners Phil Savrin and Shawn Bingham successfully represented Allied Insurance Company of America (a Nationwide entity) in resisting a claim by a restaurant (Henry’s Louisiana Grill) seeking coverage for business income lost after it suspended its operations after the …

Avoid These Practitioner Pitfalls When It Comes to Trade-Secret Misappropriation Trials

5/2/22

By: Nancy M. Reimer and William A. Hadikusumo

A recent decision by the United States Court of Appeals for the Eleventh Circuit in Financial Information Technologies, LLC v. iControl Systems, USA, LLC, — F.4th — (11th Cir. Dec. 22, 2021) …

D.C. Circuit: The Second Most Important Court in America

4/5/22

By: Sun Choy

With the nomination of Judge Ketanji Brown Jackson to the Supreme Court, the United States Court of Appeals for the District of Columbia Circuit is in the spotlight once again. If confirmed, Judge Jackson will join Chief …