Carlton Fields Home Page
I Object! A Blog on Preservation of Error

October 2016

October 26, 2016 12:06 PM | Posted by Jason Patrick Kairalla | Permalink
From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located anywhere in the world. There are many advantages to presenting testimony in this fashion, but care must be taken to address potential appellate issues and preserve a clean record. read more
October 10, 2016 12:20 PM | Posted by Steven Blickensderfer | Permalink

Preservation of Error TipsThe Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v. Nationwide Nos. 15-3386/3387 (6th Cir. Sept. 12, 2016) (unpublished). It is significant in many ways related to its substance, and for good reason. By its decision, the Sixth Circuit seems to have created an even deeper divide between the circuits on the issue of consumer standing to pursue data breach claims in federal court.

Although not as cutting-edge of an issue, the case is also notable for the preservation-related pleading lessons that can be learned from the majority and dissenting opinions.

read more