News & Analysis as of

Appellate Courts State and Local Government

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Smith Gambrell Russell

Georgia Courts Continue to Look to Georgia Law When Enforcing Covenants Not Compete

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Georgia courts have traditionally refused to uphold contractual covenants not to compete that did not meet exacting standards. In addition, Georgia courts have applied their own standards even when the contract specified that...more

Perkins Coie

Bond Properly Required for Challenge to Affordable Housing

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A local organization appealed the denial of its challenge to the approval of an affordable housing project and disputed the trial court’s order requiring it to post a bond. The Court of Appeal rejected plaintiff’s contentions...more

McDermott Will & Emery

Meaningful Statute of Limitations for Unclaimed Property Audits and Enforcement Actions? Michigan Court of Appeals Says Yes!

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On January 19, 2023, the Michigan Court of Appeals affirmed two 2022 trial court orders, holding that initiating an unclaimed property audit does not toll (or freeze) the running of the statute of limitations (time-bar) for...more

Goodell, DeVries, Leech & Dann, LLP

Lessons After the First 60 Days of 2023 with the Appellate and Supreme Courts of Maryland

As most people know, in November 2022, Maryland voters approved a constitutional amendment changing the names of the appellate courts. On December 14, 2022, the switch flipped—the Court of Appeals became the Supreme Court of...more

Buchalter

A Coda to the Covid Pandemic: Do Local and State Closure Laws Provide Cover for Tenant Nonpayment of Rent?

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In what may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California court of appeal panel in San Diego has taken a narrow view on...more

Allen Matkins

California Court of Appeal Confirms that Shorter 90-Day Statute of Limitations Applies in Political Reform Act Claims Affecting...

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California’s Second District Court of Appeal recently affirmed that a shorter 90-day statute of limitations, and not a longer three- or four- year statute of limitations, applies to Political Reform Act (PRA) claims that...more

Quarles & Brady LLP

Welcoming Florida’s Sixth District Court of Appeal

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Florida’s court system has four tiers: (1) county courts, (2) circuit courts, (3) the intermediate appellate courts, which are known as the district courts of appeal (DCAs), and (4) the Supreme Court of Florida. Most appeals...more

Baker Donelson

Florida's New Sixth District Court of Appeal: What It Means for Judges and Attorneys in the State of Florida

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On June 2, 2022, Florida Governor Ron DeSantis signed HB 7027, creating Chapter 2022-163, Laws of Florida, which established the Sixth District Court of Appeal (DCA) – Florida's first new appellate court since the creation of...more

Perkins Coie

Cannabis Legal Report – September 2022

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Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional - This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more

Cozen O'Connor

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

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Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....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

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

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

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After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Addresses Derivative Standing and Failure of Oversight Claims Under Delaware Law

In Tola v. Bryant, No. 16150, 2022 Cal. App. LEXIS 241 (Cal. App. Mar. 24, 2022), the First Appellate District of the California Court of Appeal applied Delaware’s new formulation of the test for determining whether a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Appellate Court Stays Mask Mandate Injunction

On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021....more

Steptoe & Johnson PLLC

West Virginia Governor Announces First Appointees to New Intermediate Court of Appeals

West Virginia Governor Jim Justice appointed Thomas E. Scarr of Huntington, Daniel W. Greear of Charleston, and Donald A. Nickerson, Jr. of Wheeling to staggered terms on the newly-created West Virginia Intermediate Court of...more

Ward and Smith, P.A.

Common Mistakes to Avoid When Appealing a North Carolina Occupational Licensing Board Decision

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In North Carolina, the professional or occupational licensing board is responsible for preparing the official record of a disciplinary matter against a license holder.  This record is of primary importance to any future...more

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

Solid and Hazardous Waste/Recycling Administrative/Judicial Developments (2020-2021): May 20th Arkansas Environmental Federation...

I undertook an Arkansas Environmental Federation webinar held by the organization’s Land and Sustainability Committee on May 20th titled: Solid and Hazardous Waste/Recycling Administrative/Judicial Developments: 2020-2021...more

Bass, Berry & Sims PLC

Halloween Party Turns Scary for State in New Court Decision: Appellate Court Says Employer May Be Held Liable for Off-Duty,...

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Can an employer be held liable for sexual misconduct at a private party that takes place after an employer-sponsored holiday party?  A recent Tennessee Court of Appeals case appears to say “yes” and thereby presents a new...more

Roetzel & Andress

Ohio Supreme Court Provides Guidance On Key Marketable Title Act Issue Regarding Preservation Of Severed Mineral Interests

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On March 16, 2021, the Supreme Court of Ohio issued another important opinion in the ongoing tug of war between surface landowners and severed mineral owners over the ownership of valuable mineral rights in Ohio. In Erickson...more

Sheppard Mullin Richter & Hampton LLP

Build Me A Building As Fast As You Can

Not your average game of patty-cake! Earlier this week, New York’s First Department, Appellate Division issued its decision related to 200 Amsterdam, overturning the lower court’s decision which would have required 200...more

Foley Hoag LLP - Cannabis and the Law

The Stay is Lifted – NJ Medical Cannabis Expands

As many are well-aware, the cannabis industry has been plagued by litigation, and New Jersey’s recent experience is no different. Indeed, New Jersey has taken great strides to expand its medical marketplace, with the patient...more

Shutts & Bowen LLP

Objecting to a Real Estate Project in Florida Carries a Risk of Liability

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By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more

Proskauer - Proskauer For Good

First Circuit Upholds Right to Secretly Record Police in Public

On December 15, 2020, the U.S. Court of Appeals for the First Circuit affirmed the grant of summary judgment in favor of our clients, holding the Massachusetts Wiretap Statute (Mass. Gen. L. ch. 272, § 99) unconstitutional...more

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