Recent Developments in Motions for Substitution of Judge as a Matter of Right
By Dennis M. Lynch
Bench and Bar,
February 2026
Substitution of judge motions can be some of the most impactful motions in a case. This is especially true because if the motion is erroneously denied, all subsequent orders may be deemed void. Two recent appellate decisions have expanded the landscape of case law on substitution of judge motions and provide further guidance to judges and practitioners as to proper motion practice.
Confusing Duty and Breach of Duty in Motion Practice
By Dennis M. Lynch
Tort Law,
October 2022
Motions to dismiss and motions for summary judgment often confuse and conflate the issue of duty and breach of duty in an attempt to rob a factual question—breach of duty—from the jury by dressing it as a legal question—duty.
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