Appellate

December 10, 2019

For the past several weeks, we’ve been surveying the yearly average votes to affirm each District and Division of the Appellate Court in civil cases. Beginning today, we’re turning our attention to criminal cases – first up, Division One of the First District. Division One had no criminal cases decided by the Supreme Court in 1994, 1996 or 1999. Average votes to affirm was 2.5 in 1990, zero in 1991, 4.67 in 1992, 3.5 in…

Sixth Circuit Appellate Blog

Movant Beware: No right of action under HIPAA, and no class-cert absent notice

By Benjamin Beaton

December 10, 2019

The Sixth Circuit has joined other circuits in unanimously holding that HIPAA creates no private right of action. That was the easy part. The panel divided 2-1 in ruling that a Tennessee statute likewise provides no remedy for patients allegedly overcharged by Ciox, a medical-records company. But Faber v. Ciox Health wasn’t a complete blowout: the court flagged Ciox’s attempt to spike the football by requiring a remand for classwide notice that…the class members lost.…

Persuasion Matters

A “Selfie” Injury Case Pits Bull vs. His Client

By Kacy Miller

December 9, 2019

What to do when you and your client don’t see eye to eye on trial strategy? Grit your teeth and figure it out. The most recent episode of CBS’s “Bull” involves the “selfie injury” of a teenager, James Donovan, who was attempting to capture a selfie while sitting on the rooftop sign of a pizza restaurant. The sign breaks, the boy falls to the pavement, and is now a paraplegic. The restaurant is…

MS Litigation Review & Commentary

Industry Disruptive Tech is Coming

By Philip Thomas

December 9, 2019

Yahoo News reports on China experimenting with artificial intelligence in the judicial system. It opens: Artificial-intelligence judges, cyber-courts, and verdicts delivered on chat apps — welcome to China’s brave new world of justice spotlighted by authorities this week…. The efforts include a “mobile court” offered on popular social media platform WeChat that has already handled more than three million legal cases or other judicial procedures since its launch in March, according to the Supreme People’s…

Blaneys Appeals

COURT OF APPEAL SUMMARIES (DECEMBER 2 – DECEMBER 6, 2019)

By John Polyzogopoulos

December 8, 2019

Jump To: Table of Contents | Civil Decisions | Short Civil Decisions | Criminal Decisions| Ontario Review Board Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario. In Armstrong v. Royal Victoria Hospital, the plaintiff was seriously injured during a colectomy surgery. The trial judge found the doctor who completed the surgery negligently caused the plaintiff’s injuries. The doctor appealed this liability finding, arguing that the trial judge erred…

California Supreme Court Review

What’s the Average Wait from Filing the Opening Brief to the Reply Brief in Death Penalty Cases?

By Kirk Jenkins

December 6, 2019

Today, we’re reviewing the data for the average length of time party briefing in death penalty cases take – the lag time from filing of the opening brief to filing of the reply. The average wait was 237.65 days in 1990, 334.92 in 1991, 399.5 in 1992, 354.12 in 1993, 323.43 in 1994 and 344.4 days in 1995. It rose to 726.38 days in 1996 but then fell to 490.21 days in 1997. The average…

California Supreme Court Review

What’s the Average Wait from Appointment of Death Penalty Counsel to Filing the Opening Brief?

By Kirk Jenkins

December 5, 2019

This week, we’re continuing our review of the detailed lag time data for the Court’s death penalty cases. First up: the average wait from the order appointing death penalty counsel to filing of the opening brief. During the 1990s, the average wait from appointment of counsel to the filing of the opening brief increased significantly. In 1990, the average was at its low point for the decade: 757.69 days. It rose to 900.57 in 1991…

Illinois Supreme Court Review

How Many Votes to Affirm Has the Fifth District Averaged in Civil Cases?

By Kirk Jenkins

December 4, 2019

This time, we’re reviewing the average votes to affirm at the Supreme Court for civil cases from the Fifth District. The Fifth’s average votes to affirm remained under four throughout the nineties: 2.36 (1990), 1.89 (1991), 1.55 (1992), 3.29 (1993), 2.64 (1994), 1.38 (1995), 1.75 (1996), 2.14 (1997), 2.63 (1998) and 1.17 (1999). Average votes to affirm was 3.33 in 2000, 1.6 in 2001 and 2.88 in 2002 before rising to 3.5 in 2003 and…

Illinois Supreme Court Review

How Many Votes to Affirm Has the Fourth District Averaged in Civil Cases?

By Kirk Jenkins

December 4, 2019

This week, we’re continuing our review of the data on average votes to affirm the Districts of the Appellate Court in civil cases at the Supreme Court. During the 1990s, the Fourth District’s average votes to affirm was typically on the low side. In 1990, average votes to affirm was 1.63. In 1991, it fell to 0.33. For the rest of the decade, average votes to affirm rose beyond four only twice: 2.73 (1992), 2.5…

Maine Appeals

Judge Grady – Ave Atque Vale

By Catherine R. Connors

December 4, 2019

The judge I clerked for, John Grady (ND Ill) died this week. I’ve mentioned him in this blog before (From Ulane to Hively, Woman on a wall). He was a great guy, in many ways. In 2015, when he retired from the bench, his former clerks put together a book of letters we wrote to say thanks to him. Here’s what I said: It is almost 30 years from when I finished…

Appellate

How Many Votes to Affirm Has Division One of the First District Averaged in Criminal Cases?

Movant Beware: No right of action under HIPAA, and no class-cert absent notice

A “Selfie” Injury Case Pits Bull vs. His Client

Industry Disruptive Tech is Coming

COURT OF APPEAL SUMMARIES (DECEMBER 2 – DECEMBER 6, 2019)

What’s the Average Wait from Filing the Opening Brief to the Reply Brief in Death Penalty Cases?

What’s the Average Wait from Appointment of Death Penalty Counsel to Filing the Opening Brief?

How Many Votes to Affirm Has the Fifth District Averaged in Civil Cases?

How Many Votes to Affirm Has the Fourth District Averaged in Civil Cases?

Judge Grady – Ave Atque Vale

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