What happens when a rule and a procedural statute conflict? Generally, when “a court rule and a statute appear to conflict on a procedural matter related to court administration, the rule controls.”¹ This is in recognition of our State’s constitution, which provides that the “administration and procedures of the court of appeals shall be as provided by rules issued by the supreme court.”² In other words, the Supreme Court, rather than the Legislature, establishes rules of procedure. “Where a rule of court is inconsistent with a procedural statute, the court’s rulemaking power is supreme.”³

On the lighter side, 2024 marks fifty years since Happy Days debuted on ABC, introducing Americans to the unforgettable Fonzie, and brilliant comic Mel Brooks was actually able to release (wouldn’t happen now) “Blazing Saddles” and “Young Frankenstein.”

“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
– Rev. Dr. Martin Luther King Jr., 1963

There has been a lot of coming and going of restaurants in recent months. And, with those dry January restrictions behind us, we set out to try some of the new and interesting restaurants that have been opening up.
 

Greetings, I hope as you transition to spring, you enjoy some last moments of snow (as little as we have received this year!). We have two judicial colleagues to introduce and are excited for them to join our bench. We have also received new data on last year’s cases and what we can look forward to.

After President Karen Orehoski called the meeting to order, the Board approved the meeting minutes for the Board meeting on December 13, 2023.

It’s that time of the year again. Let’s put our best foot forward as we interact with clients and colleagues with one hour less of sleep. It’s easy to focus on the minor inconvenience, but this is a great reminder that change is the only constant in life.

A new study by the US Chamber of Commerce published in December 2023, finds that small businesses are getting hit with a disproportionate share of lawsuits that result in them paying out billions in damages. The study, using the most recently available data from 2021, found that liability costs of lawsuits against businesses in general totaled about $347 billion, with small businesses accounting for about $160 billion of that total.

An intelligent attorney might look over and run their eyes lightly down your bench notes. “This is nice. What is it?” In which case you might have to confess, “dormant Commerce Clause, actually.” Otherwise, the fact the instant matter involves the judge-made hypothetical might just as well be kept to yourself. Because even in this enormously enlightened age, there are still people who would think such nonsense a bit indulgent. And they would be right.