JayS.Rothman&Associates

MAY 17, 2023

For example, courts have held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of their associates’ race, gender, religion, and/or national origin. Iona College, a federal appellate court explained the rationale for reading associational discrimination into Title VII. In Holcomb v.

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Day on Torts

AUGUST 26, 2024

While a plaintiff faced with a TPPA petition to dismiss could not make out a prima facie case for his false light invasion of privacy or intentional infliction of emotional distress claims, his defamation claim related to an allegedly false Title IX rape complaint was allowed to proceed. M2023-00045-COA-R3-CV (Tenn.

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Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

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Day on Torts

JUNE 30, 2021

When defendant filed a petition to dismiss a defamation case under the Tennessee Public Participation Act (TPPA), and plaintiff failed to respond by “establish[ing] a prima facie case for each essential element of the claim in the legal action,” dismissal was affirmed. In Nandigam Neurology, PLC v. Beavers , No.

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At the Lectern

SEPTEMBER 20, 2021

Two months ago , the Supreme Court in People v. 5th 952, 961-970, regarding petitioners’ right to counsel and the standard for determining the existence of a prima facie case” and that it “[a]ddresses what evidence a court may consider at a resentencing hearing (clarifying the discussion in People v.

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At the Lectern

JUNE 29, 2023

There were actions of note at the Supreme Court’s conference yesterday, uncommonly held during the same week as it heard oral arguments. Those actions included: Supreme Court will hear Prop. Supreme Court OKs LWOP commutation. Resentencing prima facie case. 22 challenge. COVID insurance.

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Day on Torts

NOVEMBER 15, 2022

The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis. The Court of Appeals quoted Tenn. 20-17-105(a)(b); additional citation omitted). internal citation omitted). internal citation omitted).

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Patently O

JUNE 1, 2021

From 2003-2012, the PTO stopped examining Hyatt’s applications pending litigation in a couple of the cases that culminated in the Supreme Court’s decision in Kappos v. This case involves four applications that were rejected by the examiners and the PTAB. 145 seeking a court order that the USPTO issue his patents.

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Patently O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund (No. Fortinet (No.

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NewmanFerraraLLP

MARCH 15, 2023

After Ryan Foote filed a motor vehicle collision case with the Erie County Supreme Court, he claimed he moved for summary judgment -- seeking a pre-trial finding of negligence -- in his favor. DIDN'T PUT HIS BEST FOOTE FORWARD? But after a judge denied Foote’s motion, he appealed to the Appellate Division, Fourth Department.

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At the Lectern

APRIL 17, 2025

Racial Justice Act dissenting vote Justice Goodwin Liu wanted to issue an order to show cause in In re Manjikian , but he was the only member of the court who did. 5th 834, the Supreme Court found unavailing an equal protection attack. Part I is here. In People v. Hardin (2024) 15 Cal.5th See here and recently here.) See here.)

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Patently O

FEBRUARY 25, 2021

Gov’t is a defendant, the lawsuit was filed in the Court of Federal Claims (CFC) under 28 U.S.C. The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” Section 1498(b). Bitmanagement Software GmbH v. United States , 144 Fed. ” Slip Op.

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At the Lectern

DECEMBER 19, 2024

The Supreme Court yesterday denied review in In re Mendoza , a pro per’s petition for review seeking discovery and appointment of counsel under the California Racial Justice Act ( here and here ). ” The dissenters claim that the court’s “inaction portends a silent evisceration of the RJA.”

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Day on Torts

JANUARY 11, 2022

Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” After a hearing, the trial court granted summary judgment based on the statute of limitations, and the Court of Appeals affirmed.

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At the Lectern

AUGUST 11, 2022

At the Supreme Court’s conference yesterday, a double one, actions of note included: Implied easements. The court agreed to hear Romero v. Shih , at least to decide this limited issue: “Did the trial court correctly find the existence of an implied easement under the facts?” The court also granted review in People v.

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Patently O

JUNE 15, 2023

Reciting the mechanism for known compounds to yield a known result cannot overcome a prima facie case of obviousness, even if the nature of that mechanism is unexpected.

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Patently O

MARCH 31, 2024

In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. The case, Inline Plastics Corp. The district court construed several key claim terms.

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At the Lectern

JANUARY 15, 2025

The Supreme Court today barely denied review in In re Banks , with Justices Goodwin Liu, Leondra Kruger, and Kelli Evans voting to grant and send the case to the Court of Appeal for issuance of an order to show cause on a pro per’s habeas corpus petition seeking relief under the California Racial Justice Act ( here and here ).

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At the Lectern

MAY 19, 2022

At the Supreme Court’s conference yesterday, actions of note included: Supreme Court allows Governor to commute murder sentence. The court issued writs of review in California-American Water Company v. The court also granted review in People v. Prudholme , a case which the Supreme Court un-held this past December.

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Conflict of Laws

OCTOBER 1, 2024

Recently, the Delhi High Court in the case of Honasa Consumer Limited v RSM General Trading LLC granted an anti-enforcement injunction against the execution proceedings instituted in the Dubai Court on the ground that it threatened the arbitral process in India. Xiaomi Corporation.

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LexForti

JULY 17, 2021

Interim relief or measures, which are also known as conservatory and provisional remedies, provide a decision on the merits by the Arbitral Tribunal or Court to a party with an immediate and temporary protection of rights for property. Other than this various courts or tribunals usually apply the standard given in CPC.

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Patently O

DECEMBER 4, 2023

Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus filed by Cozy, Inc. seeking to set aside a district court discovery order piercing attorney-client privilege. by Dennis Crouch In a recent decision, the U.S. In re: Cozy, Inc. , 2023-145 (Fed. 21-cv-10134-JGD. quoting Mohawk Indus., Quoting Clark v.

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Patently O

APRIL 22, 2021

Over the years, courts and commentators have said many thoughtful things about secondary considerations evidence and its role in the law of § 103, and reasonable minds have expressed significant disagreement about the value of this evidence. Nonobviousness and Time. Dmitry Karshtedt. The framework comes from throwaway language in Graham v.

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LexForti

JUNE 10, 2021

The Bombay High Court held that “a product feature with only decorative and aesthetic with no source-identifiable could not be given exclusive rights under the concept of Trade Dress.” ” Thus, there is no prima facie case for said application and dismissed the suit. The Court held that.

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Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The previous approach to service outside Australia in the Federal Court.

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Patently O

DECEMBER 13, 2023

” The court also endorsed reliance on inherency to satisfy claim limitations not found in earlier claims. I’ll note here en banc petition briefing continues in the OTDP/PTA case of In re: Cellect, LLC. Ordinarily, obviousness analysis compares a claim against prior disclosures. OTDP is different. 2d 388, 392 (Fed.

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Patently O

APRIL 1, 2024

by Dennis Crouch In April 2024, the Federal Circuit issued a significant decision vacating a district court’s judgment that Janssen Pharmaceuticals’ dosing regimen patent claims were nonobvious. The case involved Janson’s U.S. Overall, this is a bad case for pharmaceutical formulary patents. Janssen Pharms.,

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Conflict of Laws

JUNE 11, 2023

In Yin v Wu [2023] VSCA 130 , the Court of Appeal of the Supreme Court of Victoria set aside a judgment [1] which had affirmed the enforcement a Chinese judgment by an Associate Justice of the Supreme Court. [2] On 13 October 2017, Wu commenced a proceeding against Yin in the Ningbo People’s Court.

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SCOTUSBlog

JUNE 20, 2023

Share People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States.

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At the Lectern

OCTOBER 14, 2022

At the Supreme Court’s Wednesday conference , a double one, actions of note included: Retail lease. The court agreed to hear JJD-HOV Elk Grove, LLC v. The appellate court disagreed with the Fifth District’s decision in Grand Prospect Partners, L.P. The court also granted review in People v. 2015) 232 Cal.App.4th

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At the Lectern

JUNE 19, 2024

Yesterday’s early Supreme Court conference was as sedate as last week’s was bustling. Last week , the court ruled on 201 matters, and there were two straight grants and three multi-justice dissents from denials of review, including two dissents with detailed separate statements.

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At the Lectern

MARCH 28, 2024

At the Supreme Court’s conference yesterday, there were no straight grants , but there were some actions of note, including: Racial Justice Act. The court yesterday denied review and a depublication request in one case involving that legislation, Mosby v. Superior Court , which attracted significant amicus curiae interest.

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At the Lectern

JULY 1, 2021

The Supreme Court today affirms the death sentence in People v. The court’s opinion is authored by Justice Mariano-Florentino Cuéllar. and California Supreme Court decisions holding it unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors. was ‘ “racially motivated.”

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At the Lectern

JANUARY 30, 2025

For a second week, the Supreme Court didn’t straight grant any cases at its conference yesterday, and the number of other highlights was small. 2) Did the Court of Appeal act in excess of its jurisdiction in granting relief under traditional mandate (Code Civ. Criminal case grant-and-holds. Here and here.)

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At the Lectern

DECEMBER 12, 2024

At its conference yesterday , a double one, the Supreme Court backed up Chief Justice Patricia Guerrero’s recent pledge that a decline in straight grants would be temporary. It issued straight grant orders in five cases. We can’t remember the last time the court at one conference agreed to hear that many cases.

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At the Lectern

JUNE 17, 2024

A divided Supreme Court today upholds the death sentence in People v. Supreme Court’s Batson decision and the California Supreme Court’s Wheeler decision establish that it’s unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors. ” ’ [Citation.] More than 36 years.”

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At the Lectern

AUGUST 25, 2022

The Supreme Court today affirmed the death sentence in People v. Over its 236 pages, the court’s unanimous opinion by Justice Carol Corrigan rejected many defense arguments. The court concluded, “The evidence was ambiguous as to the shooter’s identity. Ramirez for a 1997 murder and other serious crimes.

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