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. internal citations omitted). quoting Tenn. Code Ann. § 20-17-105(a)(b); additional citation omitted).

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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.

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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.” Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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At the Lectern

JUNE 29, 2023

Resentencing prima facie case. Reyes , one of many cases concerning possible resentencing under Senate Bill 1437 (more about today’s Reyes decision later [ update : here ]), the court agreed to take on yet another SB 1437 case, People v. Those actions included: Supreme Court will hear Prop. 22 challenge.

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Patently O

MARCH 31, 2024

These instructions explain the relevant law, legal standards, and how the jury should apply the law to the facts of the case when reaching a verdict. Obviousness though is quirky – although it is a question of law, it requires determination of substantial underlying factual issues. See Graham v. John Deere Co. ,

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Patently O

FEBRUARY 25, 2021

The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” I guess I don’t fully understand the law of implied contract. “Application of the preclusion rule was not warranted in this case for three primary reasons. Section 1498(b).

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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.”

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LexForti

JUNE 10, 2021

Therefore, it anchors to being incorporated into a well-recognized concept by law. In India the law governing Trademark facilitates passing off action against similar/identical products is same for Trade Dress. Case Analysis. ” Thus, there is no prima facie case for said application and dismissed the suit.

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Patently O

APRIL 22, 2021

Dmitry Karshtedt is an Associate Professor of Law at GW Law whose work I’ve followed for years. Below he introduces the core idea underlying his new article on nonobviousness forthcoming in the Iowa Law Review. Nonobviousness and Time. Dmitry Karshtedt. So what is the point of these evidentiary silos?

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Patently O

DECEMBER 4, 2023

After reviewing documents in camera, the district court granted in part Dorel’s motion to compel production of certain Cozy documents listed as privileged on the basis that the crime-fraud exception to attorney-client privilege applied. Quoting Clark v. United States , 289 U.S.

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LexForti

JULY 17, 2021

In the recent case of Avantha holdings Limited v. Vistra ITCL India Limited , there were some extra pre-requisites given by the court for providing interim relief under Section 9.

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Conflict of Laws

OCTOBER 1, 2024

By Ananya Bhargava, Jindal Global Law School, OP Jindal Global University, India. 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.

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Conflict of Laws

JANUARY 15, 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). Private international law scholars may be less enthusiastic. The new FCR r 10.42(j)

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Conflict of Laws

JUNE 11, 2023

The agreement was seemingly contrary to Chinese law, which may have contributed to the clandestine character of communications underlying the agreement; see [30]. As such, the court shall enter default judgment according to the law. … Here, the Chinese Judgment was assessed according to the common law principles.

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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

MARCH 28, 2024

Chief Justice Patricia Guerrero has cited the California Racial Justice Act ( here and here ) as one of the “important landmark new laws” that is “impacting [the court’s] workflow.” The court yesterday denied review and a depublication request in one case involving that legislation, Mosby v.

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At the Lectern

JANUARY 30, 2025

As such, petitioner’s claims fail to state a prima facie case for relief”; it also said “The request for discovery. ” Justices Liu and Evans wanted to transfer the case to the Court of Appeal for issuance of an order to show cause. is not supported by good cause.” FCA US LLC (2024) 15 Cal.5th

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At the Lectern

OCTOBER 14, 2022

5th 1169 concerning 2021’s Assembly Bill 333 (see here ), but the opinion declined to resolve a split in Court of Appeal authority whether one part of the new law — Penal Code section 1109 , which requires an enhancement charge to be tried only after a jury finds the defendant guilty of the underlying offense — is retroactive.

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At the Lectern

AUGUST 25, 2022

It said “the issue is close,” but concluded the defendant didn’t make a prima facie case of discrimination that would have required the prosecutor to justify the challenges.

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At the Lectern

JUNE 17, 2024

The trial court found a prima facie case of discrimination, but ruled the prosecution’s stated reasons for the strikes were “genuine and facially neutral.” They are persons before the law.” The prosecution used peremptory challenges to excuse five Black women from the jury.

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JonathanTurley

JULY 1, 2021

The case highlights many of the due process failures that have been discussed on this blog at universities. However, there is an interesting twist in DU’s claim of lawful, self-righteous bias. The court details the factual claims in the case. It did not deny the obvious bias shown in its investigation.

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JonathanTurley

FEBRUARY 26, 2023

Dickson and Right to Life East Texas moved to dismiss both suits under the Texas Citizens Participation Act, which states that a court “shall dismiss” a legal action based on the defendant’s exercise of the right to free speech, unless “clear and specific evidence” establishes “a prima facie case for each essential element of the claim in question.”

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Above The Law

JANUARY 24, 2025

The aspects I examined in each decision were the case details, outcome, area(s) of law, and the ideological leaning that each decision conveys. The district court had initially dismissed the state law claim (Unruh Act) due to its concern about the burden of handling such cases in federal court. Trump #1 Arroyo v.

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The Crime Report

JULY 13, 2022

In our culturally and politically divided America, plagued by “failures to communicate,” by alt-right violent threats to law and order, and by a withering Democratic Republic, the real life series of events that we have all been experiencing seem like some kind of fictional drama made for surrealist viewing. The Indefatigable Liar. “In

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