May 29, 2021 Dear Friends: Tons of error preservation decisions this week, including a couple from SCOTX. The Supreme Court weighed in on a preservation argument in a discovery battle this week There is a case with a lengthy discussion of why a party did not waive its complaint that the TCPA did not apply …
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May 22, 2021 Dear Friends: Here are error preservation concepts addressed by courts this last week: These parties preserved their complaint by raising it in their summary judgment motions Res Judicata (Claim-Splitting) Though courts still have not devised a consistent test (in my opinion) to say this, the complaint you raise on appeal must be …
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May 15, 2021 Dear Friends: This was sort of an average to light week on the error preservation front, but there were a few cases worth noting. If you raise your complaint in the trial court in a timely, specific fashion, you will have preserved it Arbitrability: You have to get a ruling on your …
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May 8, 2021 Dear Friends: Happy Mother’s Day to all my maternal friends! Enjoy the great weather, and the fact that there does, in fact, seem to be light at the end of the tunnel. Here are the preservation issues which courts opined about this week: Your complaint must be sufficiently specific and brought to …
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May 2, 2021 Dear Friends: Table of Contents The Supreme Court addressed several error preservation concepts this week: 1) for a complaint first raised on appeal, which has to be raised in the trial court,, the Court can only consider the jurisdictional aspects of the complaint; and (2) to remind us that grounds which affirm …
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