Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. Continue reading.

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Constitutional Law Reporter

FEBRUARY 22, 2021

The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. In support, justice Sotomayor emphasized that the statute in Your Home did not implicate the presumption in favor of judicial review and was narrower than §231g, which simply incorporates §355(f ) into the RRA. Legal Background.

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SCOTUSBlog

JUNE 25, 2021

Share Alaska Native corporations are eligible for about $500 million in COVID-19 relief money that Congress earmarked for Native American tribes, the Supreme Court ruled Friday. The case required the court to decide whether Alaska Native corporations are “Indian tribes” for the purpose of the 2020 CARES Act.

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The Researching Paralegal

MARCH 29, 2022

Do not forget your state or national bar journal, especially to help you keep up with the lastest changes to statutes and case law, as well as court rule changes! You can also find great information at your local or state paralegal organization and its newsletter. As always, if I can give you a hand, please give a shout!

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Paralegal Paralegals Statute Court Rules 52

SCOTUSBlog

MAY 24, 2021

But six years after his deportation, the Supreme Court ruled in Leocal v. Ashcroft that, under the relevant federal statute, DUI convictions like Palomar-Santiago’s are not aggravated felonies. The direct implications of the court’s ruling are likely quite narrow.

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Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

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Day on Torts

OCTOBER 31, 2022

The libel defendants filed motions to dismiss pursuant to the TPPA, which the trial court granted on December 10, 2020. The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. quoting Nandigam ).

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JonathanTurley

MAY 25, 2021

In July 2019, Georgia Southern University (“GSU”) invited Martin to speak at the 2020 International Critical Media Literary Conference. 50-5-85’s inclusion of “other actions that are intended to limit commercial relations with Israel” makes the statute impermissibly vague. O.C.G.A. §

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Court Rules Contract Laws Court 37

At the Lectern

JUNE 17, 2021

Working on the presumption that the “ Legislature intends for ameliorative enactments to apply as broadly as is constitutionally permis sible,” the Supreme Court i n People v. The court ruled similarly last year in People v. McKenzie (2020) 9 Cal.5th

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Court Laws Felony Statute 49

Patently O

MARCH 15, 2023

The statute provides a two-step IPR process: Step 1 is the institution decision by the Director under § 314(b); Step 2 is the trial and final written decision by the PTAB. At least two prerequisites assist the Director in deciding to grant review: [1] a reasonable likelihood that the petitioner would prevail in 35 U.S.C. § 315(b). . §

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The IP Law Blog

AUGUST 11, 2022

Alternatively, if the Patent Act requires inventor(s) must be human, are AI-created inventions not patentable at all under the current statute? In 2020, the USPTO refused to vacate the Notice of Missing Parts, pointing to the Patent Act’s text as support that the inventor must be a natural person. Thaler, assignee, filed U.S.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. Because the trial court properly interpreted the statute, we affirm the trial court’s decision.

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Day on Torts

SEPTEMBER 12, 2022

Plaintiff’s counsel sent pre-suit notice to all potential defendants on July 3, 2020, and those notices included medical release forms that were allegedly HIPAA complaint pursuant to Tenn. 29, 2022), plaintiff alleged that he was injured by defendants’ medical negligence on July 5, 2019. Code Ann. § 29-26-121(a)(2)(E).

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Fordham Law News

APRIL 21, 2022

The state passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (“CEEFPA”), [1] allowing tenants to self-certify that they suffered from hardship because of the pandemic. [2] In Manhattan, the Housing Court took a more direct approach to the ERAP issue when applying a textualist review of the law. [17]

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Laws Statute Court Court Rules 52

The Crime Report

JUNE 16, 2022

Kyle Rittenhouse, the 17-year-old who shot and killed two people during a 2020 protest in Kenosha, WI., Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. Photo by janinsanfran via Flickr Photo by PROjaninsanfran via Flickr.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The court also declined to vacate BLM’s leasing decisions and instead enjoined BLM from issuing drilling permits for the leases while it responds to the court’s decision. Trade Groups Proceeding with Narrower Challenge to 2016 Refrigerant Management Rule; NRDC and States Challenge 2020 Rescission of Portion of Rule.

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Day on Torts

APRIL 6, 2022

In May 2020, defendant filed a Rule 60.02(3) The trial court ultimately granted defendant’s motion and found that the judgment was void, which the Court of Appeals affirmed. While the Court agreed with plaintiff that Tenn. 3) motion seeking relief from the judgment on the grounds that it was void. In Turner v.

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Compensatory Damages Punitive Damages Court Rules Court 59

Conflict of Laws

NOVEMBER 23, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

APRIL 20, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Badr, Yehya Ibrahim.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 11, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Beaumont, Paul.

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Drafting Laws Litigation Litigating 52

SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. On remand, the Texas court ruled that the inadequate counsel had not prejudiced Andrus. Ineffective assistance of counsel. Washington. Filing a new petition in a second Andrus v.

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The Crime Report

DECEMBER 20, 2021

A 2020 study by the NRE of over 2,400 confirmed exonerations found that in 30 percent of the cases prosecutorial misconduct was specifically a factor. Of the 106 exonerations through the end of 2020 in Pennsylvania, prosecutors committed misconduct in 48 of them, or about 45 percent. Certify Compliance.

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Conflict of Laws

AUGUST 31, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Arslan, Ilyas.

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Drafting Laws Litigation Litigating 40

Conflict of Laws

JANUARY 11, 2024

In 2020, the US Court of Appeals for the Ninth Circuit found in favor of Spain, again applying Spanish law. It is important to note that both the district judge and the court of appeals determined the application of Spanish law because they were applying federal choice of law rules.

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Conflict of Laws

SEPTEMBER 28, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Arslan, Ilyas.

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Drafting Laws Litigation Litigating 40

LawTechnologyToday

NOVEMBER 24, 2021

Last year, only 47% of respondents reported their laptop being their primary device, compared to 49% of respondents in 2020 responding that a desktop computer was their primary device. In 2020, 41% of solo law firms reported laptops being their primary device as opposed to 35% in 2021. This increase is not an outlier.

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Technology Metadata Attorney Project Management 100

Conflict of Laws

JUNE 21, 2022

„Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here). Judgments Convention: Application to Governments”, Netherlands International Law Review (NILR) 67 (2020), pp 121-137. Arslan, Ilyas.

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Drafting Laws Litigation Litigating 40

JURIST

MAY 26, 2021

A US federal judge ruled Monday that Georgia’s anti-BDS law, which prohibits state contractors from boycotting Israel, violates the First Amendment and the due process clause of the Fourteenth Amendment. The court ruled in favor of Martin, and found that O.C.G.A. § 50-5-85 was constitutional.

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Laws Statute Contract Court Rules 287

Conflict of Laws

DECEMBER 12, 2020

After an unsuccessful negotiation, the Committee of Yunchun Village and the Committee Dongpu Village sued Van Overeem to demand the statue’s return both in Fujian Province of China and in Amsterdam of the Netherlands at the end of 2015, [2] fearing that a statute of limitation might bar their case. 626, Date of judgment: 4 December 2020. [2]

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Laws Court Contract Legal 98

At the Lectern

MARCH 24, 2022

In a rare ruling, the court granted review in Munoz v. The statute proscribes a reviewing court from “render[ing] a decision in a proceeding. ” The Supreme Court’s order depublishes the appellate court’s opinion. See In re Shaputis (2011) 53 Cal.4th 4th 1521, 1533.)”

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Day on Torts

DECEMBER 5, 2022

While defendant urged the Court to “follow the modern trend taken in federal courts, which no longer requires renewal of a motion for directed verdict at the close of all the proof,” the Court declined to change long-standing Tennessee law. Accordingly, the Court ruled that, pursuant to Tenn.

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Compensatory Damages Punitive Damages Tort Diligence 59

The Researching Paralegal

APRIL 26, 2020

It is my understanding that additional exercises should be available May 2020. As students electronically answer each question, Core Knowledge instantly provides feedback and an explanation of the right anwer.

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Legal Research Legal Legal Paralegal Students 45

Day on Torts

AUGUST 19, 2021

First, she argued that “our Supreme Court’s opinion in Martin entitles Plaintiff to conduct discovery because the burden of proof lies with her to prove substantial compliance with pre-suit notice.” (See See Martin v. Rolling Hills Hosp., LLC, 600 S.W.3d 3d 322 (Tenn.

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Court Healthcare Statute Court Rules 52

Day on Torts

JANUARY 11, 2021

16, 2020), plaintiff filed suit under the Governmental Tort Liability Act (GTLA) after he was injured in a car accident. Based on these findings, the Court ruled that plaintiff had not met the requirements of the first exception to the Public Duty Doctrine. In Kimble v. Dyer County Tennessee , No. W2019-02042-COA-R3-CV (Tenn.

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Cause of Action Tort Court Statute 59

At the Lectern

MARCH 16, 2023

The court granted the Attorney General’s petition for review in People v. Howard (2020) 50 Cal.App.5th The cases concern resentencing a defendant whose felony-murder conviction is tossed under subsequent legislation narrowing the felony-murder rule. Rules of Court, rule 8.528(d); In re Benoit (1973) 10 Cal.3d

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