Court of Appeals April-May Session: Arguments of Interest for May 1, 2018

The Court of Appeals returns for the final week of the April-May Session with four cases (three arguments) on its argument docket today (the Court's case summaries can be found here).  The Court will hear arguments on the following issues today: (1) can the State prove that a parent has maltreated her child by using …

Court of Appeals April-May Session: Arguments of Interest for April 26, 2018

The Court of Appeals wraps up the first week of the April-May Session with only two criminal cases on the argument docket. Each involves claims of actual innocence and when criminal defendants can bring those claims as a basis to vacate their convictions.  Particularly, the Court will hear arguments on the following issues: (1) whether …

Court of Appeals April-May Session: Arguments of Interest for April 25, 2018

The Court of Appeals will hear arguments in three cases on this rainy Wednesday, April 25, 2018, the second day of the April-May Session. On the docket today are two criminal appeals about the right to counsel and a civil case about taxing cigarettes sold on an Indian reservation, involving the following issues: (1) whether …

Court of Appeals April-May Session: Arguments of Interest for April 24, 2018

The Court of Appeals returns for the April-May Session (and so do I after a month off) on Tuesday, April 24, 2018. The Court has three cases on its argument docket (the Court's case summaries can be found here), which involve the following issues: (1) whether accidental disability retirement benefits are a collateral source that …

Court of Appeals February Session: Arguments of Interest for February 14, 2018

Happy Valentine's Day! The Court of Appeals wraps up its February Session with three cases on the calendar (the Court's case summaries can be found here). The specific issues the Court will face include: (1) whether a plaintiff seeking summary judgment on the issue of liability must establish, as a matter of law, that he …

Court of Appeals February Session: Arguments of Interest for February 13, 2018

The Court of Appeals is back for a 2-day week of arguments to wrap up the February Session at Court of Appeals Hall. The Court has 3 cases on the argument docket today (the Court's case summaries can be found here), the highlight of which finds former Court of Appeals Judge Victoria Graffeo in her …

Court of Appeals February Session: Arguments of Interest for February 8, 2018

The Court of Appeals' February session continues on Thursday, February 8, 2018 with three cases on the argument docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether in misappropriation of trade secrets cases, damages can be measured by the misappropriator's costs avoided, and whether …

Court of Appeals February Session: Arguments of Interest for February 7, 2018

The Court of Appeals' February Session continues on Wednesday, February 7, 2018, with four cases (three arguments) on the docket (the Court's case summaries can be found here). The Court will hear arguments on the following issues: (1) whether a contract of insurance that provides it will cover as an additional insured any party that …

Court of Appeals February Session: Arguments of Interest for February 6, 2018

The Court of Appeals returns for the February Session on Tuesday, February 6, 2018. First on the agenda for the Court is Chief Judge Janet DiFiore's State of Our Judiciary speech earlier in the morning at 11:30 a.m. The Chief Judge is expected to report on the progress of her Excellence Initiative, which was designed …

Court of Appeals January Session: Arguments of Interest for January 10, 2018

The Court of Appeals wraps up its January Session arguments on January 10, 2018 with cases that make the procedural geek in me smile. There are three cases on the argument calendar today (the Court's case summaries can be found here), two of which involve really interesting (to me at least) procedural issues about counterclaims …