The private right of action in privacy laws: Comparing Vermont to California
6/25/24
By: Justin J. Boron, Matt P. Delfino, and Danielle A. Ocampo
In recent years, a number of states have passed privacy laws, including Montana, Maryland, Tennessee, Kentucky, and many others. The …
30 days means 30 days is the lesson from Illinois Appellate Court
6/20/24
By: Donald Patrick Eckler, Michael D. Sanders, and Joshua W. Zhao
In Rocha v. Munson Ski & Inboard Water Sports, Inc. et al., 2024 IL App (1st) 231469, the Illinois Appellate …
FMG argues in favor of the Fifth Circuit retaining its precedent in Section 1983 Lawsuits
5/21/24
By: Philip W. Savrin, P. Michael Freed, and William H. Buechner, Jr.
FMG Attorneys Phil Savrin, Michael Freed and Bill Buechner are representing Midland County, Texas in an en banc case …
Walking a constitutional tightrope: Free speech and family matters – Malone v. Rose
5/20/24
A recent Tennessee appellate opinion, Malone v. Rose,1 sheds light on the delicate issue of prior restraints on speech in family law cases. Though the matter unfolded in a family law dispute, …
4/25/24
By: Sean C. Harrison and Lorne G. Hiller
In March 2024, the Colorado Supreme Court ruled in Gregory v. Safeco Insurance Company of America, Runkel v. Owners Insurance Company, 2024 WL 1040531, that, as …
Public officials, social media, and the First Amendment
4/2/24
By: Jacob E. Daly
When a public official uses a personal social media account for job-related purposes, does he or she violate the First Amendment rights of a person who posts negative comments on the page by …
“Improper” conduct by counsel during closing argument leads to new trial
3/13/24
By: Robert Chadwick
It is not uncommon during closing argument for a lawyer to refer to an opposing side’s case as “ridiculous,” “absurd,” or “insulting.” Such hyperbole is generally not considered to be sufficiently prejudicial to warrant …
3/4/24
By: Michael Freed
Under Georgia law, a party appealing a trial court’s order who wishes to include a hearing transcript in the appellate record must ensure that the transcript is prepared and filed within 30 days after …
No bright line rule for an Illinois circuit court retaining jurisdiction to enforce settlement?
2/29/24
By: Donald Patrick Eckler and Joshua W. Zhao
In Zanayed v. Mufarreh, 2024 IL App (1st) 230331-U, an Illinois appellate court held that a circuit court had jurisdiction to enforce a settlement agreement even …
Clarification of duty in Indiana to advise opposing counsel of motion for default judgment
2/27/24
By: Donald Patrick Eckler and Adelaide Bell
Default judgments and the crucial role of proper notice in legal proceedings were recently examined in the case of Milestone Contractors North, Inc. v. ReEnergize USA, LLC, No. 23A-CT-1607 (Ind. …
The Supreme Court of Georgia limits its “equal-division” jurisdiction
2/21/24
By: Michael Freed
Georgia’s Constitution requires the Court of Appeals to transfer a case to the Supreme Court when it is equally divided in deciding whether to affirm or reverse a lower court ruling. This situation does …
The costly consequences of mishandling notice of appeal in Illinois
2/12/24
In a case of importance to all Illinois practitioners, the Illinois Supreme Court in Waukegan Hospitality Group, LLC v. Stretch’s Sports Bar & Grill Corporation, 2024 IL 129277 found that the clerk’s rejection …