News & Analysis as of

Appellate Courts Due Process

Snell & Wilmer

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

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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

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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

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Marshall Dennehey

Second District Court of Appeal Reinstates Homeowner’s Lawsuit, Assigns New Judge Over Bias Concerns

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Montes v. Universal Property & Casualty Insurance Co., Fla. 2d DCA, No. 2D2023-1200, February 12, 2025 - The Second District Court of Appeal revived an insurance coverage suit a homeowner brought against his insurance...more

Carr Maloney P.C.

Due Process is due for sanctions under Va. Code § 8.01-271.1

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In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and...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

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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...

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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

Carlton Fields

Florida Appeals Court Decisions Week of February 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more

Goodwin

Portions of New York’s FAPA Survive Constitutional Challenges

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Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more

Warner Norcross + Judd

What is a Special Fiduciary and When Can the Probate Court Appoint One?

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The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

Cozen O'Connor

Specific Personal Jurisdiction Established Through Indirect Evidence of Targeting a Market

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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

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

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Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Goldberg Segalla

First Department Affirms New York Jurisdiction Over Automotive Defendants

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Court: Supreme Court, Appellate Division, First Department (NY) - In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car...more

Maynard Nexsen

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

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Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more

Perkins Coie

Split Ninth Circuit Opinion Imposes Due Process Requirements for “In Rem” Forfeiture of Foreign Assets

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In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more

Shipman & Goodwin LLP

Conn. Court Split May Lead To Vertical Forum Shopping: A Law360 Article

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In Mallory v. Norfolk Southern Railway Co.,[1] the U.S. Supreme Court clarified last year that states can require foreign entities to consent to personal jurisdiction as a condition for doing business within their borders. ...more

Constangy, Brooks, Smith & Prophete, LLP

You asked for it, Kathy Griffin.

Ex-CEO's lawsuit against the comedian/activist will proceed. Who ever thought personal jurisdiction could be interesting? In April 2021, the CEO of a telehealth company was eating dinner with his wife at a hotel in a suburb...more

Dorsey & Whitney LLP

The Supreme Court Update - April 19, 2023

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Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more

Roetzel & Andress

Ohio Appellate Court Finds Virtual Contact Is Not Enough for Personal Jurisdiction

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On June 30th, 2022, the Ninth District Court of Appeals issued a significant decision in Magnum Asset Acquisition, LLC v. Green Energy Technologies, LLC. The Court decided that virtual communication between parties to a...more

Esquire Deposition Solutions, LLC

North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During...

A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with...more

Fox Rothschild LLP

Remote Proceedings: Zooming Past Litigants’ Due Process Rights

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In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more

Perkins Coie

Appellate Courts to Malibu Homeowners: “Defy the Coastal Commission at Your Peril”

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Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt...more

Steptoe & Johnson PLLC

Ohio Supreme Court Finds No Conflict Between MTA and DMA in Reuniting Mineral Interests

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On December 2, 2020, the Supreme Court of Ohio issued its opinion in West v. Bode, 2020-Ohio-5473, and determined that either the Marketable Title Act (“MTA”) or the Dormant Mineral Act (“DMA”) may be used to reunite a...more

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

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

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