Government Prima Facie Case Statute 
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.
Day on Torts
NOVEMBER 15, 2022
The Court of Appeals explained that although the TPPA is a relatively new statute, case law has established “two general conclusions” regarding the proper procedure when a motion to dismiss is filed thereunder. The TPPA, a relatively new statute, continues to be more defined as additional cases are litigated and appealed thereunder.
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At the Lectern
APRIL 17, 2025
’ The court concluded, however, that the petition didn’t make a prima facie case — “the allegations of the petition do not support the conclusion that the language cited by petitioner is racially discriminatory or that it reflects racial bias or animus.” In People v.
Conflict of Laws
OCTOBER 1, 2024
The ADA included an Arbitration clause with New Delhi as the venue of arbitration and the Arbitration and Conciliation Act, 1996 declared as the governing law. A logical corollary to the court’s emphasis on contractual supremacy and protection of the exclusive jurisdiction clause is also the respect for parties choice of governing law.
SCOTUSBlog
JUNE 20, 2023
.” Justice Ketanji Brown Jackson’s concise opinion for the court opted for a simple and literal construction of the statute’s language. And Congress put subsection (j) in a different subsection of the statute.” It could have mandated harsher punishment under subsection (j) than under subsection (c).
At the Lectern
OCTOBER 14, 2022
Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” The dissent claimed “section 1109 is not an ameliorative statute. c)(1); People v.
At the Lectern
DECEMBER 12, 2024
The order granting the reconsideration petition was made more than 60 days after the petition’s filing, and the then-governing statute provided a petition “is deemed to have been denied. unless it is acted upon within 60 days from the date of filing. ” (Link added.)
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