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

At the Lectern

Two months ago , the Supreme Court in People v. Lewis (2021) 11 Cal.5th Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute. Last week, the Legislature sent to the Governor a bill — SB 775 — that would amend the statute. Lewis (2021) 11 Cal.5th

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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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Supreme Court will hear challenges to PUC water rate decisions

At the Lectern

At the Supreme Court’s conference yesterday, actions of note included: Supreme Court allows Governor to commute murder sentence. The court issued writs of review in California-American Water Company v. The court also granted review in People v. Prudholme , a case which the Supreme Court un-held this past December.

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Supreme Court will resolve conflict about co-tenancy leasing requirements (and about punctuation?)

At the Lectern

At the Supreme Court’s Wednesday conference , a double one, actions of note included: Retail lease. The court agreed to hear JJD-HOV Elk Grove, LLC v. The appellate court disagreed with the Fifth District’s decision in Grand Prospect Partners, L.P. The court also granted review in People v. 2015) 232 Cal.App.4th

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

Patently O

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. This case involves four applications that were rejected by the examiners and the PTAB. 145 seeking a court order that the USPTO issue his patents.

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New rules on service outside Australia for the Federal Court of Australia

Conflict of Laws

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The previous approach to service outside Australia in the Federal Court.

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Denial of Natural Justice as a Defence to Enforcement of a Chinese Judgment in Australia

Conflict of Laws

In Yin v Wu [2023] VSCA 130 , the Court of Appeal of the Supreme Court of Victoria set aside a judgment [1] which had affirmed the enforcement a Chinese judgment by an Associate Justice of the Supreme Court. [2] On 13 October 2017, Wu commenced a proceeding against Yin in the Ningbo People’s Court.