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Court Rejects Form Over Substance Review Of Pleadings

On Tuesday, the Court of Appeals reversed a trial court’s dismissal of a plaintiff’s complaint seeking entry of a domestic violence protective order against her husband. In Quackenbush v. Groat, the trial court dismissed the...more

Appellate Courts Have Discretion To Set Scope Of New Trial On Remand—At Least Sometimes

Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion to select a remedy—a new trial in whole or in part....more

1/7/2019  /  Appeals , Damages , Negligence , Remand
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