Court of Appeals

Themis, Greek goddess of justice, holding scales in front of a courthouse

The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a new trial in Harrell v. City of Chicago, offering important guidance regarding improper burden shifting during closing arguments. 2025 IL App (1st) 240119, ¶ 83. The ruling makes clear that while parties may highlight unrebutted evidence, only defendants may highlight when an expert was not retained to rebut or prove a specific element of the case.

It is extremely rare for a civil case filed in New York State to be reviewed by its highest court—the New York Court of Appeals. In 2023, 1,030,781 civil cases were filed in New York State trial courts; however, only 93 appeals were decided by the Court of Appeals.1 This represents just 0.009% of civil cases filed that year. Due to a recent decision from the Supreme Court, Appellate Division, Fourth Department (“Fourth Department”), the Court of Appeals may soon address a question of law regarding the state’s causation standard in asbestos cases.2