Florida Punitive Damages Amendments Now Subject To Interlocutory Appeal

The Florida Supreme Court just changed the litigation landscape regarding punitive damage claims. On January 6, 2022, the Court amended Florida Rule of Appellate Procedure 9.130, effective April 1, 2022, to explicitly permit interlocutory appeals of orders granting or denying leave to amend a complaint to add a claim for punitive damages. See In Re: Amendment to Florida Rule of Appellate Procedure 9.130, No. SC21-129 (Jan. 6, 2022) (“[appeals] to the district courts of appeal of […]

By | January 8th, 2023 ||

Appeals Court Reinstates OSHA Emergency Vaccine And Testing Requirements For Large Employers

The Sixth Circuit Court of Appeals lifted a stay put in place by the Fifth Circuit that prevented OSHA from enforcing its Emergency Temporary Standard (“ETS”). This means OSHA may now move forward with the  vaccine, testing and other requirements for employers with 100 or more employees while challenges to the rule are litigated simultaneously. Because of the uncertainty due to litigation, OSHA has extended the compliance deadline to January 10 and, in a statement on its […]

By | January 5th, 2023 ||

Effect Of A Change In The Law On Appeal

On occasion, a development in the law while a case is pending on appeal may present an additional argument to raise. Although the general rule is that an appellant cannot raise issues for the first time on appeal, Michigan and federal courts have recognized an exception for changes in the law.

As a general matter, an issue that is not preserved in the trial court will not be considered on appeal.1 As the Michigan Supreme Court […]

By | July 3rd, 2022 ||