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State and Local Government › Jurisdiction › Appellate Courts

Clark Hill PLC

CGIA interlocutory appeal timing: Colorado Court of Appeals gives plaintiffs strategic choice

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On July 31, the Colorado Court of Appeals clarified an important procedural question for plaintiffs challenging governmental immunity rulings under the Colorado Governmental Immunity Act (CGIA). In Smith v. City and County of...more

Fox Rothschild LLP

NC Supreme Court Cleans Up Rules on Dissent-Based Appeals

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For many moons, North Carolina was one of the few jurisdictions in which the losing party at the Court of Appeals could pursue an appeal as of right to the Supreme Court if the party managed to snag a dissenting opinion from...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

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Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Gray Reed

Texas Supreme Court Allows Enforcement of a JOA Debt After Foreclosure

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In Steelhead Midstream Partners, LLC v. CL III Funding Holding Company, LLC, the Texas Supreme Court authorized a pipeline owner’s breach-of-contract claim—alleging a co-owner used foreclosure to avoid cost-sharing...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

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State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Bradley Arant Boult Cummings LLP

Appellate Court Paves Way for Launch of Alabama Medical Cannabis Program: Watch What Happens Now

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It takes a big person to admit when they are wrong. But I’ll raise my hand and say I was wrong when I predicted that the Alabama Court of Civil Appeals would rule in favor of the Alabama Medical Cannabis Commission in late...more

Bradley Arant Boult Cummings LLP

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

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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

Cozen O'Connor

Specific Personal Jurisdiction Established Through Indirect Evidence of Targeting a Market

Cozen O'Connor on

In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending...more

Woods Rogers

Civil Interlocutory Appeals In Virginia

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While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more

Butler Weihmuller Katz Craig LLP

Floridians will soon experience swifter justice: Come January 1, 2023, Florida will get a Sixth District Court of Appeal

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In an attempt to improve the judicial process, the Florida Supreme Court recommended in November 2021 the addition of a sixth district court of appeal. The court’s recommendation was the result of the work done by the...more

Dickinson Wright

Jurisdictional vs Nonjurisdictional Appeal Filing Deadlines

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Most of us think of appeal filing deadlines as absolute. That certainly is the case under the Michigan Court Rules. But as demonstrated by a recent decision from the United States Supreme Court, Hamer v Neighborhood Housing...more

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