February 2024

February 24, 2024 Dear Friends: This is not really an error preservation ruling, but the Supreme Court did recently remind us that “‘[w]hile it is certainly the better practice to present all arguments to a court of appeals before seeking mandamus in” the Supreme Court, “‘the failure to do so is not a failure to […]

February 10, 2024 Dear Folks: This is mostly a reminder about the treacherous nature of getting the charge right when it is unclear if the claim is a premises liability claim, or a negligence claim–and the treacherous nature of preserving a complaint about charge error. In a case involving a tragic accident, the Supreme Court