We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on personal knowledge, show the...more
We previously posted on Federal Rule of Appellate Procedure 28(i), which is the rule governing the adoption of part or all of another’s brief.
We initially looked at decisions addressing the burden on a party to...more
Is the appeal of a preliminary injunction rendered moot when the prevailing plaintiff ceases the activities that originally gave rise to its need for an injunction? Not necessarily, according to the Eleventh Circuit’s...more
The Eleventh Circuit recently reaffirmed its stance on shotgun pleadings, reiterating in Barmapov v. Amuial that district courts are within their discretion to dismiss with prejudice a shotgun pleading filed by a litigant...more
We previously wrote about the requirements for joining in a co-party’s brief or motion to avoid waiver issues. Since our original post, federal appellate courts have continued to hold that a party who seeks to adopt the...more
Do mandatory state bar associations violate the First Amendment? The U.S. Court of Appeals for the Fifth Circuit recently held in McDonald v. Longley that they do....more
We previously wrote here about the three "musts" for an affidavit or declaration in Florida: it must be based on personal knowledge, it must contain facts as would be admissible in evidence, and it must demonstrate the...more
The First Circuit recently reminded litigants what is or, perhaps, is not, required to preserve the right to file a renewed judgment as a matter of law. Under Federal Rule of Civil Procedure 50(a), before the case is...more
A state high court recently issued a stark reminder to litigants of their duty to clearly bring to the court’s attention the arguments and evidence upon which they rely in order to both survive summary judgment and preserve...more
As the Supreme Court has been debating judicial adherence to the doctrine of stare decisis recently, it bears remembering that litigants seeking a change in the law applicable to their case should make sure to preserve that...more
The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be...more
Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more
2/7/2020
/ Affidavits ,
Appeals ,
Breach of Contract ,
Denial of Insurance Coverage ,
Evidence ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Reversal ,
Summary Judgment ,
Water Damage
Does a party have to reassert an argument previously rejected by the trial court in order to preserve it for appeal? ...more
Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate’s report and recommendation are filed...more
Appellate attorneys (hopefully!) understand the need to preserve arguments for appeal by raising them before the trial court and in their opening briefing. But what about the difference between waiver and forfeiture of...more