Litigation Prima Facie Case Statute 
JayS.Rothman&Associates
MAY 17, 2023
Protected Class Associational discrimination cases can be brought under various laws. Where the statute doesn’t directly prohibit associational retaliation, courts have also given broad interpretations that favor protection for the associates of whistleblowers. What laws protect employees against associational discrimination?
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
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. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.
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
DECEMBER 4, 2023
The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.” quoting Mohawk Indus., Carpenter , 558 U.S. 100 (2009).
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.)
Conflict of Laws
OCTOBER 1, 2024
This is a significant turning point in the intersection of arbitration and cross-border litigation in India since the remedy of anti-enforcement injunction is rarely granted by judicial authorities across jurisdictions. However, the Delhi High Court’s decision to grant one in this case marks an interesting departure from this reluctance.
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