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. Rock Creek Construction, Inc. , months after oral arguments in this case.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

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. Traxcell Techs.

Court 75

Court Prima Facie Case Laws Technology 75

At the Lectern

DECEMBER 12, 2024

Division Two reasoned that “burdening the excess insurers with prematurely litigating coverage issues before exhaustion upsets insurers settled expectations.” The First District, Division Two, published opinion held in favor of two excess insurance companies because underlying insurance had not yet been exhausted.

Prima Facie Case 45

Prima Facie Case Court Construction Finance 45

Patently O

APRIL 1, 2024

In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. In its analysis here, the Federal Circuit focused on claim construction, and particularly the singular “a” patient requirement in the claims.

Prima Facie Case 40

Prima Facie Case Court Litigation Litigating 40