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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The Crime Report

DECEMBER 5, 2022

10, 2022, a judge in the Western District of Texas struck down the federal law that prohibits access to guns for people subject to domestic violence protection orders. He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v. But now, the U.S.

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The Researching Paralegal

MARCH 29, 2022

Do not forget your state or national bar journal, especially to help you keep up with the lastest changes to statutes and case law, as well as court rule changes! You can also find great information at your local or state paralegal organization and its newsletter. As always, if I can give you a hand, please give a shout!

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Mondaq

JUNE 24, 2022

On June 15, 2022, the Supreme Court of the United States issued an 8-1 decision in Viking River Cruises, Inc. Moriana, holding that an employee's individual claims for penalties.

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Patently O

DECEMBER 7, 2023

2022-1194, 2022-1208, 2022-1246 (Fed. The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. The statute’s patent specific.” Lundbeck A/S v.

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Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. W2021-00353-COA-R3-CV, 2022 WL 1837455 (Tenn.

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JURIST

MAY 22, 2023

Act”), was enacted in 2022. 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. The statute is set to take effect on July 1.

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Patently O

MARCH 13, 2024

The Supreme Court’s denial of Purdue’s request for a 30-day extension serves as a reminder that even in cases involving significant legal questions, the Court expects parties to follow its procedural rules and provide strong justifications for any deviations. 2022-1482 (Fed. Collegium Pharmaceutical, Inc.,

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SCOTUSBlog

SEPTEMBER 29, 2023

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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Day on Torts

MAY 18, 2022

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.

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Day on Torts

FEBRUARY 16, 2022

M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. internal citation omitted). Code Ann. § This opinion was released 1.5

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Fordham Law News

OCTOBER 12, 2023

If the Supreme Court agrees with the previous rulings in Moore, it could have hundreds of different consequences for taxpayers. [16] 19] Lastly, not only would a Supreme Court ruling striking down §965 have tax implications for foreign investment income tax, it could also have potential impacts on a variety of other U.S.

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Day on Torts

AUGUST 2, 2022

E2021-01156-COA-R3-CV, 2022 WL 2866006 (Tenn. July 21, 2022), plaintiffs were the adult daughters of decedent and defendant was the widow of decedent. On appeal, this ruling was reversed. Conversion is subject to a three-year statute of limitations. Lewis , No. Code Ann. §

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Conflict of Laws

OCTOBER 28, 2022

Here, first the conflict-of-law issue to be dealt with is the source of law that is to be used to determine the relevant statute for recourse. In its decision of 3 March 2021, the Federal Court of Justice endorsed an alternative approach based on Article 19 of the Rome II Regulation and Article 7 para.

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Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. In Laferney v. Livesay , No. The appeal was therefore dismissed.

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At the Lectern

FEBRUARY 13, 2024

From the news release by Karen Datangel: “This February, California courts and the Judicial Council of California join the nation in recognizing Black History Month. 31, 2022, 8.6% Lee later got his freedom from a federal court ruling. ” Historic Supreme Court justices. ” (9 Cal.

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Day on Torts

SEPTEMBER 12, 2022

W2021-1422-COA-R9-CV, 2022 WL 3715056 (Tenn. 29, 2022), plaintiff alleged that he was injured by defendants’ medical negligence on July 5, 2019. In Moxley v. AMISUB Inc. D/B/A Saint Frances Hospital , No.

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Day on Torts

FEBRUARY 14, 2022

. § 56-7-135(a) creates a rebuttable presumption that a person who signs an insurance contract “has read, understands, and accepts the contents of such document,” and plaintiff did not rebut that presumption, the trial court properly granted summary judgment to defendants on plaintiff’s claims for negligence and negligent misrepresentation.

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Day on Torts

MARCH 11, 2022

W2020-00917-COA-R3-CV, 2022 WL 589926 (Tenn. 28, 2022), plaintiff was the brother of a patient who had died after a brief stay at defendant nursing home. The Court explained that it was “not free to disregard the discussion in Owens directly addressing the issue before [it].” In Welch v. National Health Corp. , 3d 876 (Tenn.

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Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Bollinger , 539 U.S. 306 (2003).

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Day on Torts

OCTOBER 3, 2022

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. This ruling was affirmed in part and reversed in part on appeal. In Charles v. McQueen , No. The TPPA, Tenn. Code Ann. § 20-17-101 et seq.,

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Day on Torts

DECEMBER 8, 2022

Where plaintiff filed a notice of voluntary dismissal in his defamation case before defendants filed their petition to dismiss under the TPPA, the trial court erred by granting defendants’ petition for dismissal and awarding them attorneys’ fees and sanctions after plaintiff’s nonsuit. M2020-01651-COA-R3-CV, 2022 WL 17334223 (Tenn.

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Fordham Law News

APRIL 21, 2022

In Manhattan, the Housing Court took a more direct approach to the ERAP issue when applying a textualist review of the law. [17] 17] The court asserted, “The statute does not provide the Housing Court with the authority to determine whether a person is eligible for ERAP assistance.” [18] Supreme Court in Chrysafis v.

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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. Code Ann. § 20-12-119(c).

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Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

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Day on Torts

MAY 11, 2022

E2021-00881-COA-R9-CV, 2022 WL 1117453 (Tenn. April 14, 2022), plaintiff filed an HCLA claim against several defendants, including the State of Tennessee as the employer of Dr. Landry, who was allegedly negligent. The Court continued its analysis by pointing out that one of its prior decisions supported dismissal in this case.

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Patently O

MARCH 15, 2023

Apple brought an action against the USPTO Director Vidal in district court under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701– 706, challenging the Director’s instructions to the Board regarding exercise of discretion in IPR institution decisions. Vidal , 2022-1249, — F.4th The district court ruled that 35 U.S.C. §

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Day on Torts

MAY 31, 2022

M2021-00314-COA-R3-CV, 2022 WL 1633552 (Tenn. May 24, 2022) , plaintiff suffered antibiotic tendonitis, a traumatic rupture to a tendon in her ankle, and chronic tendonitis after being prescribed medication for a cough that had an adverse reaction with the steroids she had been taking for years. In Breithaupt v.

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At the Lectern

OCTOBER 14, 2022

Tran (2022) 13 Cal.5th Tran (2022) 13 Cal.5th The Sixth District’s 2-1 published Burgos opinion held the statute is retroactive and reversed second degree robbery convictions. The dissent claimed “section 1109 is not an ameliorative statute. Superior Court (2000) 80 Cal.App.4th 29; see also Cal.

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Day on Torts

APRIL 6, 2022

April 1, 2022), plaintiff filed this negligence suit against defendant after the two were involved in a car accident. In this case, the first requirement was met when defendant agreed to pay $30,000 toward the judgment, as the Court ruled that this action “manifested an intent to treat the judgment as valid[.]”. In Higgins v.

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Compensatory Damages Punitive Damages Court Rules Court 59

At the Lectern

MARCH 16, 2023

Division Three disagreed with the Second District, Division Seven, opinion in In re Brown (2022) 76 Cal.App.5th 5th 296, of which the Supreme Court considered granting review on its own motion, but decided not to (see here ). The court granted the Attorney General’s petition for review in People v. 15, 2022, No.

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Day on Torts

APRIL 1, 2022

E2021-00714-COA-R10-CV, 2022 WL 951256 (Tenn. 30, 2022), plaintiff filed this HCLA suit alleging that decedent died while a resident of defendant nursing home due to defendant’s negligence. The Court noted that this interpretation “comports with the purpose of the certificate of good faith—weeding out frivolous lawsuits.”.

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Day on Torts

APRIL 25, 2022

April 8 2022), plaintiff was the son of decedent, who died while he was a resident at defendant assisted living center. Our General Assembly has made it clear by statute…that healthcare decision-making pursuant to a power-of-attorney in Tennessee requires specific authorization by healthcare power-of-attorney. …In In Williams v.

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Day on Torts

FEBRUARY 24, 2022

W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. 7, 2022), plaintiff was in a car accident caused by an employee of defendant, and defendant had admitted fault. The Court ruled that this was sufficient material evidence from which the jury could find a permanent injury in this case. In Malone v. ASF Intermodal LLC , No.

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Conflict of Laws

AUGUST 30, 2023

847-880 (available here ) Brannigan, Neil “Resolving conflicts: establishing forum non conveniens in a new Hague jurisdiction convention”, Journal of Private International Law 18 (2022), pp. Implementing the Hague Judgments Convention”, New York University Law Review 97 (2022), pp. 11 of August 2000 (available here ), pp 19-128 II.

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Day on Torts

MARCH 28, 2022

W2020-01201-COA-R3-CV, 2022 WL 852904 (Tenn. 23, 2022), plaintiff and his wife lived in the Rivertrail neighborhood and were members of the defendant homeowner’s association (HOA). The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 In Walker v.

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Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

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