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 …
Category: Appellate Advocacy
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) …
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 …
2/23/22
By: Michael Freed
The Supreme Court of Georgia heard oral argument last week in General Motors LLC v. Buchanan. This highly watched appeal arose from a trial court’s denial of General Motors’s motion for protective order seeking to prevent …
2/23/22
The Chief Justice of the Georgia Supreme Court, David E. Nahmias, submitted a letter to Governor Kemp on February 11 announcing that he would be resigning from his position at the conclusion of the Court’s …
The preservation of appellate rights is critical to any trial
2/15/22
In a rare trade secret appeal involving two competitors in the alcohol sale software business, the United States Court of Appeals for the Eleventh Circuit provided a not-so-subtle reminder to all attorneys that correctly preserving appellate …
COVID afflicted cases have incubated long enough
2/10/22
By: Wayne S. Melnick and Carlos Fernández
Recently, we examined one of the first rulings about the Georgia Supreme Court’s Emergency Orders and their effect on a case’s statute of limitations. In Owens, the Middle District of Georgia …
More action on the apportionment front in Georgia
1/18/22
By: Bob Marcovitch
Since the time that the Georgia General Assembly enacted tort reform legislation in 2005, surely the most litigated element of the reforms put in place has been the provision for apportionment to non-parties that was contained in …