Court of partially reverses and partially affirms dismissal of an Estate's claims under the Emergency Medical Treatment and Labor Act (EMTALA) and other causes of action

Court reverses partial summary judgment on the issues of duty and breach in a medical malpractice case because those issues were not properly raised or litigated in the motion

Court of reverses dismissal of DUI charge due to miscalculation of COVID-19 tolling period, which had extended the statute of limitations for more time than calculated by the trial court

Court affirms verdict in favor of medical professionals in a medical malpractice suit, upholding the validity of expert testimony and jury instructions

Court affirms conditions of probation for driver convicted of homicide by vehicle under First Offender Act

Failure to issue litigation hold following filing of counterclaim constituted reckless behavior warranting adverse inference after material, relevant information was deleted per automatic deletion protocols.

Stefanik v. Hochul

Appellant appealed the dismissal of his Post Conviction Relief Act petition. The court affirmed, overruling prior authority and holding that appellant's allegation of illegal sentencing in violation of Apprendi was subject to harmless error review. The court concluded that in appellant's case, he suffered no illegal sentence where, despite a Sixth Amendment violation, the Apprendi sentencing error was harmless.

Misrepresentation Claims Against Snapchat Extension Creator Can Proceed

Court reverses summary judgment order and remands in a breach of contract action because trial court misapplied the new business rule to exclude evidence of lost profits