JURIST
FEBRUARY 28, 2025
Wang refuted the Departments floodgate concerns, saying that there are evidentiary burdens to pass before even reaching litigation that would prevent excessive lawsuits and that the circuits that currently do not apply the background circumstances rule do not see a flood of litigation.
JayS.Rothman&Associates
MAY 17, 2023
Protected Class Associational discrimination cases can be brought under various laws. Usually, a plaintiff must establish a prima facie case of discrimination, including showing that they suffered an adverse employment action and that they can link it to a protected class or activity under the law.
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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.
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. months after oral arguments in this case. In Reiss v. Rock Creek Construction, Inc. ,
NewmanFerraraLLP
MARCH 15, 2023
While a rear-end collision usually triggers “’a prima facie case of negligence on the part of the driver of the rear vehicle,’” the latter can come forward with a “non-negligent explanation for the collision” and thus rebut (or challenge) that presumption. .’”
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. 52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. Hyatt , 566 U.S.
Patently O
MARCH 31, 2024
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. 2022-1954 (Fed.
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