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I Object! A Blog on Preservation of Error

April 2015

April 22, 2015 2:53 PM | Posted by Jeffrey A. Cohen and James Parker-Flynn | Permalink
Preservation of Error TipsAs we have discussed many times in this blog, one of the fundamental rules of appellate practice is if something is not in the record, it did not happen. For that reason, it is important to try to eliminate arguments held “off the record,” or where circumstances dictate that off-the-record arguments take place, to ensure an adequate record gets made so that the appellate court can ascertain what was said and why. read more
April 9, 2015 1:18 PM | Posted by Nancy C. Ciampa and Michael D. Sloan | Permalink
Preservation of Error TipsIt is generally understood that the “sham affidavit doctrine” will prevent a party from creating an issue of material fact to defeat summary judgment by filing an affidavit that contradicts its prior deposition testimony. However, a recent decision in the Middle District of Pennsylvania reminds us that the “sham affidavit doctrine” can be applied more broadly and is not limited to contradictions with deposition testimony. read more