6/1/23
In Huzinec v. Six Flags Great Adventure, 2023 WL 1433633 (3d Cir. February 1, 2023), Plaintiff, Evan Huzinec, claimed he had suffered serious injuries while riding a roller coaster, El Toro, at Six Flags’ New Jersey …
Category: Appellate Advocacy
Take Two Advil While I Check ChatGPT – Using A.I. in Medical Diagnoses and Treatment
5/10/23
Another day, another story about ChatGPT and its potential to shape a profession. According to a recent study by JAMA – The Journal of the American Medical Association – ChatGPT outperformed practicing physicians when answering …
Primary Jurisdiction Rarely Causes Severe Mental Anguish
4/10/23
By Elissa B. Haynes and Carlos A. Fernández
Your car won’t start. A mechanical engineer, a NASCAR podcaster, and mechanic walk into your garage to help you—we’re assuming you have a diverse set of friends willing to help. The mechanical …
Supreme Court of Texas upholds order erroneously drafted by legal counsel as final judgment
2/28/23
By: Robert Chadwick
In Texas state courts, legal counsel are generally asked to draft proposed orders and judgments for execution by district and county court judges. A February 10, 2023 per curiam opinion by the Supreme Court of Texas in …
Overview of Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C.
2/27/23
Chicago partner, Donald Patrick Eckler, was published in the Winter Edition of Association of Defense Trial Attorneys commenting on the recent decision of the Illinois Supreme Court in Midwest Sanitary, Inc. v. Sandberg, Phoenix, and Von Gontard, P.C., 2022 IL …
Kentucky Adopts New Rules of Appellate Procedure
1/25/23
Effective January 1, 2023, Kentucky has new, stand-alone appellate rules embodied in the Kentucky Rules of Appellate Procedure (“RAP”). The prior rules governing appeal, found in Rules 72 – 76 of the Kentucky Rules of Civil …
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
…1/19/23
By: Jacob E. Daly
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 …
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 …