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Statutory Interpretation Appellate Courts Due Process

McGlinchey Stafford

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

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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

Law Office of Jason Ostendorf

Issue Framing Is the New Battleground in Appellate Advocacy

In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more

Snell & Wilmer

Arizona Court of Appeals “Updates the Handbook” on Judicial Review of Agency Action

Snell & Wilmer on

When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

Nossaman LLP on

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman Files Reply Brief in Newman v. Moore

The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more

Husch Blackwell LLP

7th Circuit Update: What Martin v. Goodrich Means for IL’s Workers’ Compensation Landscape

Husch Blackwell LLP on

We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more

Marshall Dennehey

Ohio 8th District Court of Appeals Affirms Trial Court Ruling that Non-Economic Damages Cap on Catastrophic Injuries Is...

Marshall Dennehey on

On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of...more

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