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McGlinchey Stafford

Second Department Holds Judicial Estoppel Bars Application of FAPA

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On July 16, 2025, the Appellate Division, Second Department declined to apply the Foreclosure Abuse Prevention Act (FAPA) to a mortgage foreclosure commenced prior to FAPA’s enactment, pursuant to the doctrine of judicial...more

Kohrman Jackson & Krantz LLP

C.S. v. McCrumb and Ohio’s New Expulsion Law: Balancing Student Expression and School Safety

In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more

Paul Hastings LLP

Regulating Proxy Advisors: Court Rules Advice Is Not a ‘Solicitation’ and Texas Enacts Its Own Law

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On July 1, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ended more than five years of uncertainty and confusion by ruling that proxy voting advice issued by proxy advisors is not a “solicitation” under...more

Fox Rothschild LLP

Are North Carolina Court of Appeals Judges Dissenting Less?

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Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more

McGlinchey Stafford

Timing is Everything: Retroactive Application of the Direct Action Statute Amendment

McGlinchey Stafford on

Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Panels/Subdivision Covenant: Missouri Appellate Court Addresses Enforcement Issue

The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more

Cozen O'Connor

Claims Notes: May 2025

Cozen O'Connor on

Tort Reform Law Guts Joint & Several Liability in Favor of Proportionate Liability, Not Deepest Pocket - South Carolina enacted a bipartisan tort reform that overhauls joint and several liability to place fault on the...more

Bradley Arant Boult Cummings LLP

We Never Know How High We Are Until We Are Called to Rise: Protecting Alabama’s Medical Cannabis Program

There’s a great scene in the movie Wall Street when the up-and-coming Charlie Sheen (pre-Tiger Blood and now that I think about it maybe the precursor to the “winning!” mantra that seems to resonate today) is playing the role...more

Offit Kurman

Future of Pennsylvania’s Construction Statute of Repose Hinges on Pennsylvania Supreme Court Ruling

Offit Kurman on

The Pennsylvania Supreme Court will decide a pivotal case that could significantly impact the construction industry and the application of the state’s construction Statute of Repose. Aloia v. Diamant raises key questions...more

Sands Anderson PC

Legislation in Virginia General Assembly May Affect Appeals

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Senate Bill 999 has passed the Senate and been reported out of the Civil Subcommittee from the House Courts of Justice Committee. The bill, if passed by the House and signed by the Governor, would have two important...more

Bradley Arant Boult Cummings LLP

Alabama Appellate Court Appears Poised to Deliver Big Win for Cannabis Commission

Longtime readers of Budding Trends (and there are dozens of you) know that I have been saying over and over recently that – as counterintuitive as it may sound – the fastest way to get Alabama’s medical cannabis program...more

Shutts & Bowen LLP

Two Significant Changes Coming to Florida Courts on January 1, 2023

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What began in 2019 as part of a major overhaul of the Florida court system will come to a completion on January 1, 2023, with two significant changes coming to Florida courts...more

Butler Snow LLP

A Texas Legislative Postmortem | Jerry Bullard | Texas Appellate Law Podcast

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This week, Todd Smith and Jody Sanders welcome back Jerry Bullard, an attorney at Adams, Lynch & Loftin, PC, for a rundown on new statutes from the Texas Legislature’s regular and special sessions that affect trial and...more

Perkins Coie

Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard

Perkins Coie on

An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rough-proportionality standard of...more

Steptoe & Johnson PLLC

Long-Awaited Intermediate Court of Appeals Approved by West Virginia Governor

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Governor Jim Justice has signed Senate Bill 275, which includes the West Virginia Appellate Reorganization Act of 2021. The Act creates the framework for an Intermediate Court of Appeals that will be operable by July 1, 2022....more

Spilman Thomas & Battle, PLLC

West Virginia's New Intermediate Appellate Court Fundamentally Changes Workers' Compensation Litigation Practice

The 2021 West Virginia Legislative Session produced a major change for West Virginia workers’ compensation litigation in the West Virginia Appellate Reorganization Act of 2021. Specifically, Senate Bill 275 was enacted and...more

Bilzin Sumberg

Changes to Circuit Court Appellate Jurisdiction

Bilzin Sumberg on

In its last session, the Florida Legislature passed a law that changes the appellate jurisdiction of Florida’s circuit courts and District Courts of Appeal for certain types of cases. Codified here, the new rule went into...more

Lowndes

Florida Legislature Makes Welcome Changes to Appellate Jurisdiction

Lowndes on

Effective January 1, 2021, circuit courts will no longer have jurisdiction over civil and criminal appeals from county courts. On June 20, 2020, Governor DeSantis signed into law Senate Bill 1392, which, among other things,...more

Butler Weihmuller Katz Craig LLP

Major appellate jurisdictional shifts in Florida: the effects are yet to be determined

On June 20, 2020, the Florida governor signed into law Senate Bill 1392, which, among other things, divests circuit courts of jurisdiction over appeals from county court orders or judgments. Come January 1, 2021, Florida’s...more

Eversheds Sutherland (US) LLP

Georgia Supreme Court Expands as its Jurisdiction Contracts

Somewhat obscured by the social-issue hubbub during the recently ended session of the Georgia General Assembly was the enactment of an historic expansion of the Georgia Supreme Court and a reallocation of not only its...more

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