Preserving the Record – Abuse of discretion

By: Derek Hawkins//April 18, 2016//

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7^th Circuit Court of Appeals

Case Name: Ricky Hall v. Jaeho Jung

Case No.: 15-2102

Officials: BAUER, MANION, and KANNE, Circuit Judges.

Focus: Preserving the Record – Abuse of discretion

Appellant fails to memorialize prior proceedings relevant to claim and precludes court from reaching a decision on the merits.

“While we have held that an unconditional ruling on a pretrial motion generally preserves the issue for appeal, an unconditional ruling “resolves only the arguments actually presented.” Wilson v. Williams, 182 F.3d 562, 567 (7th Cir. 1999) (“[o]nly arguments that were actually presented to the district court before trial are preserved for appeal”). Because Hall’s pretrial motion addressed only expert testimony in rebuttal of expert testimony (and not in rebuttal of the officers’ lay witness testimony), it does not preserve the issue for appeal.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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