2022 Litigating Prima Facie Case 
Day on Torts
OCTOBER 3, 2022
M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. Having found that the TPPA applied, the Court moved on to considering whether plaintiff had shown a prima facie case for each element of his two claims.
Day on Torts
NOVEMBER 15, 2022
When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. In Reiss v. quoting Tenn. Code Ann. §
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Patently O
MARCH 31, 2024
The case, Inline Plastics Corp. 2022-1954 (Fed. Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Lacerta Group, LLC , No.
Patently O
NOVEMBER 29, 2023
Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 23-315): This case questions the Federal Circuit’s interpretation of time limits for joining IPR partes. 1713 (2022).
Conflict of Laws
JANUARY 15, 2023
The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).
At the Lectern
DECEMBER 12, 2024
The appellate court justices did write, however, “We are dismayed by the trial courts inability to hear the 2022 petition for over a year, involving as it does “a massive curtailment of liberty” for E.A.” Superior Court (2023) 15 Cal.5th ” The Supreme Court denied review in T.B. Kidnapping.
Conflict of Laws
JUNE 11, 2023
On 22 October 2021, summary judgment was entered in favour of Wu by an Associate Justice of the Supreme Court: Wu v Yin (Supreme Court of Victoria, Efthrim AsJ, 22 October 2021); see Wu v Yin [2022] VSC 729, [5]. Tsalamandris J rejected this ground, and Yin’s appeal: [2022] VSC 729, [124], [133].
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