April 2018

Dear All: Table of Contents The Supreme Court recently confirmed that a party “was not required on appeal or at trial to rely on precisely the same case law or statutory subpart that we now find persuasive” in order to preserve an issue, reminding us that “parties are free [on appeal] to construct new arguments […]

Dear All: Table of Contents So what about preserving a complaint about those conflicting jury answers? A contract’s illegality is an affirmative defense which must be raised in the trial court–not an impediment to a party’s standing, which is jurisdictional and can be raised at any time. You’ve not waived a complaint about the new