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Court strikes a blow for sentencing discretion under provision in federal firearm statute

SCOTUSBlog

.” 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).

Statute 95
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Legislature likes, clarifies Supreme Court interpretation of statute narrowing murder liability

At the Lectern

Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute. The bill says that it “[c]odifies the holdings of People v. Lewis (2021) 11 Cal.5th

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WHAT IS ASSOCIATIONAL DISCRIMINATION?

JayS.Rothman&Associates

Where the statute doesn’t directly prohibit associational retaliation, courts have also given broad interpretations that favor protection for the associates of whistleblowers. Generally, courts impose a similar burden on associational discrimination cases as they do under other discrimination cases.

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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

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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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

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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Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.

Day on Torts

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

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Hyatt v. Hirshfeld: A perfect storm that overwhelmed the PTO

Patently O

Any practice by the inventor and applicant for a patent through which he deliberately and without excuse postpones beyond the date of the actual invention, the beginning of the term of his monopoly, and thus puts off the free public enjoyment of the useful invention, is an evasion of the statute and defeats its benevolent aim. Woodbridge.