Day on Torts

FEBRUARY 18, 2021

HCLA statute of limitations for claim against doctor and hospital began to run on same date. 9, 2021), plaintiff had spine surgery in July 2016 performed by Dr. McCord at defendant hospital. The trial court agreed, dismissing the action, and the Court of Appeals affirmed. The Court of Appeals agreed with defendants.

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JURIST

JUNE 22, 2023

The Supreme Court of the State of Colorado struck down the state’s Child Sexual Abuse Accountability Act (CSAAA) on Tuesday, ruling that the law violates the state constitution and is “unconstitutionally retrospective.” M árquez authored the opinion of the court. ” Justice Monica M.

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Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. 28, 2021), plaintiff was injured in a car accident with defendant in September 2017. The Court, however, disagreed. It is not the role of this Court to rewrite the statute.

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Statute Personal Injury Cause of Action Misdemeanor 59

LawTechnologyToday

NOVEMBER 24, 2021

The ABA 2021 Legal Technology Survey Report analyzes hardware firms are currently using, the utilization of e-books by firms, and provides a multitude of analyses around software. In 2021, 53% of respondents responded that their laptop was their primary work device, compared to 44% reporting that a desktop computer was their primary device.

Technology 100

Technology Metadata Attorney Project Management 100

Constitutional Law Reporter

FEBRUARY 23, 2021

S. _ (2021), the U.S. Supreme Court held that Germany was entitled to State immunity in a lawsuit seeking compensation for the forced sale of medieval art known as the “Welfenschatz” during the rise of Nazi Germany. The justices remanded the case back to the lower court to consider the latter argument. Philipp , 592 U.

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Court Rules Court Government Laws 89

JURIST

JUNE 1, 2023

The Federal Criminal Court of Switzerland on Thursday upheld former Liberian warlord Alieu Kosiah’s 20-year prison sentence for war crimes and convicted him of crimes against humanity, the first such conviction in Switzerland. Kosiah was initially convicted and sentenced for war crimes by the Trial Chamber of First Instance in 2021.

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Court Court Rules Legal Legal 211

JURIST

MAY 22, 2023

HB 1, enacted in 2021, created new criminal penalties for protestors, prohibited state grants to any government entity that attempted to defund the police and denied bond to anyone who participated in a disorderly assembly until their first court appearance. A federal court ruled it unconstitutional in March.

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Education Statute Court Rules Court 197

Constitutional Law Reporter

FEBRUARY 22, 2021

S. _ (2021), a divided U.S. Supreme Court held that a refusal by the U.S. The decision represents the first 5-to-4 split in a case argued during the Court’s 2020-21 term. The post Divided Court Rules U.S. In Salinas v. United States Railroad Retirement Board , 592 U. Legal Background. Shalala , 525 U.S. 449 (1999).

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Court Rules Court Legal Legal 52

Day on Torts

MARCH 30, 2021

Where the other driver in a car accident case died before suit was filed and the plaintiff failed to “timely file his tort action against the personal representative within the applicable statute of limitations,” summary judgment for the personal representative was affirmed. Luethke , No. E2020-00317-COA-R3-CV (Tenn. Code Ann. § Code Ann. §

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Statute Cause of Action Court Rules Diligence 59

Day on Torts

OCTOBER 31, 2022

The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” citing Tenn. Code Ann. §

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Tort Statute Attorney Court 59

Patently O

DECEMBER 7, 2023

Arguing for the accused infringers, David Abramowitz (Locke Lord) explained at oral arguments: “There is no statute or case law that a substantial amount of infringing use can’t be covered by some other patent. The statute’s patent specific.” Teva Pharmaceuticals USA, Inc. , 4th 1320, 1333 (Fed.

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Manufacturing Statute Court Construction 125

Day on Torts

JANUARY 15, 2022

In the year ending June 30, 2020 (the last period for which information is publicly available) the High Court was asked to accept review in 569 cases. These are the cases where the Court has the discretion whether to hear the case or allow the lower court ruling to stand. Permission to Appeal Granted: April 7, 2021.

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Court Tort Statute Lawyer 59

JURIST

JUNE 24, 2023

The US Supreme Court ruled Friday in US v. The crux of the case rests on Article III of the US Constitution, which governs the Court’s judicial purview. ” Texas Governor Greg Abbott criticized the ruling, saying , “This decision is outrageous. SCOTUS [the Supreme Court] gives the Biden Admin.

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Immigration Court Rules Court Statute 211

Fordham Law News

APRIL 21, 2022

6] The law was struck down partially by the United States Supreme Court, which held that the “scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause.” [7] Supreme Court in Chrysafis v. 2482 (2021) (citing In re Murchison, 349 U.S.

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Laws Statute Court Court Rules 52

Day on Torts

APRIL 22, 2021

April 14, 2021), plaintiff filed a pro se complaint against defendant Saint Thomas Health asserting claims for negligence per se and invasion of privacy. Defendant filed a motion to dismiss on two grounds, the statute of limitations and “failure to plead facts to state a claim as required by Tenn. In Prewitt v.

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Statute Court Rules Legal Legal 59

HowAppealing

DECEMBER 21, 2023

“Lawsuit Over Naked Baby on Nirvana’s ‘Nevermind’ Is Revived; The suit about the 1991 album had been dismissed because of the statute of limitations; But an appeals court ruled that it could proceed, noting that the album had been reissued in 2021”: Matt Stevens of The New York Times has this report.

Statute 100

Statute Court Rules Court Lawyer 100

Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ).

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Court Cause of Action Laws Contract 67

LawSites

JULY 19, 2022

By way of recap, in my previous post, I wrote that the launch appeared to be designed to provide bar associations with an alternative to Fastcase , after that company acquired Casemaker in 2021. He described the service as a basic research service with cases, statutes, administrative materials and court rules.

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Day on Torts

AUGUST 9, 2021

July 16, 2021), plaintiff and defendant were brother and sister. The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v.

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Divorce Cause of Action Statute Diligence 59

Patently O

MARCH 15, 2023

The statute provides a two-step IPR process: Step 1 is the institution decision by the Director under § 314(b); Step 2 is the trial and final written decision by the PTAB. At least two prerequisites assist the Director in deciding to grant review: [1] a reasonable likelihood that the petitioner would prevail in 35 U.S.C. § 35 U.S.C. §

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Statute Litigation Litigating Court 62

Day on Torts

APRIL 7, 2021

The trial court agreed, granting the motions to dismiss, and the Court of Appeals affirmed. The Court rejected this argument, noting that the statute requires that the medical authorization allow defendants “to obtain complete medical records from each other provider being sent a notice.” In Woods v. Arthur , No.

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Statute Court Court Rules 59

Conflict of Laws

AUGUST 30, 2023

11-116 (available here ) Arslan, Ilyas “The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, Uluslararasi Ticaret ve Tahkim Hukuku Dergisi 10 (2021), pp. University of Pittsburgh Law Review 82 (2021), pp.

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Patently O

SEPTEMBER 29, 2021

SNQP : Here, the decision was easy once the court ruled that the “new” portion focused on whether a particular issue had been previously decided on the merits. In re Vivint, Inc. ( Vivint sued Alarm.com for infringing its US Patent 6,717,513. Alarm.com responded with three different inter partes review (IPR) petitions.

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Statute Court Rules Court 56

ClimateChange-ClimateLaw

APRIL 18, 2023

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Construction Government Legal Legal 114

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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Court Prima Facie Case Statute Attorney 60

Day on Torts

AUGUST 2, 2021

The Tennessee Court of Appeals has ruled plaintiffs can pursue claims based on recklessness and gross negligence under the GTLA. July 14, 2021), plaintiffs filed suit based on the death of decedent in a fatal one-car accident. The Court of Appeals, however, disagreed. In Lawson v. Hawkins County, TN , No.

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Tort Cause of Action Statute Court 59

At the Lectern

MARCH 16, 2023

2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th 5th 135 decision (see here ), the court declined to address the first issue ( id. ” The Supreme Court denied the defendant’s petition for review in Howard.

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Felony Court Construction Statute 40

Conflict of Laws

MAY 6, 2024

In the recent case of Ingang’a & 6 others v James Finlay (Kenya) Limited (Petition 7 (E009) of 2021) [2023] KESC 22 (KLR), the Kenyan Supreme Court dismissed an appeal for the recognition and enforcement of a locus inspection order issued by a Scottish Court. That procedure was not immediately apparent.

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Court Laws Statute Litigation 67

Conflict of Laws

APRIL 4, 2023

11-116 (available here ) Arslan, Ilyas “The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters”, Uluslararasi Ticaret ve Tahkim Hukuku Dergisi 10 (2021), pp. University of Pittsburgh Law Review 82 (2021), pp.

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Drafting Laws Litigation Litigating 52

Day on Torts

APRIL 29, 2021

April 20, 2021), plaintiff was treated by defendant for cancer on her nose. The Court ruled that plaintiff’s second complaint was “the institution of a new and independent action,” and that by failing to send pre-suit notice before that action, plaintiff failed to comply with the HCLA. In Byington v. Reaves , No.

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Tort Cause of Action Statute Court 59

Day on Torts

AUGUST 12, 2021

July 15, 2021), plaintiffs filed an HCLA suit against defendant doctor based on treatment surrounding the birth of minor plaintiff. According to plaintiff, this was enough to show that defendant was not an employee of WTMG, but the Court disagreed. In Braylon W. Walker , No. W2020-00692-COA-R3-CV (Tenn.

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Tort Court Statute Contract 59

Conflict of Laws

APRIL 20, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here ). University of Pittsburgh Law Review 82 (2021), pp.

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Drafting Laws Litigation Litigating 52

FDA Law Blog

APRIL 23, 2021

The Supreme Court has handed down a decision in AMG Capital Management, LLC, et al. 22, 2021) [hereinafter Slip Op.], It did that by focusing on the text of the statute. Indeed, the first (and very succinct) point in the Court’s analysis of the statute is that “the language [of §13(b)] refers only to injunctions.” Id.

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Court Statute Punitive Damages Government 40

At the Lectern

APRIL 28, 2022

The court granted-and-held in two Second District, Division Seven, cases — In re Casey E. — that will wait for the court’s decision in In re D.P. subdivision (c) and rule 4.576(b) of the California Rules of Court.” Lewis (2021) 11 Cal.5th and In re Luke S. Review was granted in D.P.

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Court Statute Court Rules Attorney 49

Conflict of Laws

JANUARY 11, 2022

“The Hague 2019 Convention for the Recognition and Enforcement of Foreign Judicial Decisions: A Comparative Study”, International Journal of Doctrine, Judiciary, and Legislation (IJDJL) 2 (2021), pp. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1

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Drafting Laws Litigation Litigating 52

Conflict of Laws

FEBRUARY 16, 2022

Indirekta behörighetsregler och svensk domsrätt – Analys och utredning av svensk domstols behörighet i förhållande till 2019 års Haagkonvention om erkännande och verkställighet” (Examensarbete inom juristprogrammet, avancerad nivå, Örebro Universitet, 2021; available here ). . University of Pittsburgh Law Review 82 (2021), pp.

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Drafting Laws Litigation Litigating 52

Conflict of Laws

DECEMBER 7, 2021

Update of 7 December 2021: New entries are printed bold. Litigation and Mediation in the Harmonization of the Rules of Transnational Commercial Dispute Settlement”, preprint (DOI: 10.21203/rs.3.rs-953987/v1 Les Zones d’ombre de la Convention de La Haye du 2 Juillet 2019”, Revue Internationale de Droit Comparé (RIDC), 73 (2021), pp.

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Drafting Laws Litigation Litigating 52