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

Day on Torts

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. Having found that the TPPA applied, the Court moved on to considering whether plaintiff had shown a prima facie case for each element of his two claims.

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

Day on Torts

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. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. In Reiss v. quoting Tenn. Code Ann. §

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Jury Instructions and Objective Indicia of Nonobviousness: Federal Circuit Grants New Trial in Inline Plastics v. Lacerta

Patently O

The case, Inline Plastics Corp. 2022-1954 (Fed. Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Lacerta Group, LLC , No.

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Supreme Court on Patent Law: November 2023

Patently O

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 23-315): This case questions the Federal Circuit’s interpretation of time limits for joining IPR partes. 1713 (2022).

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Texas Supreme Court Rejects Defamation Claims of Pro-Choice Group

JonathanTurley

It did so in the Dobbs decision in 2022 ). That was not the case with the Dallas County case. If the groups split the litigation in the hopes of securing a more favorable court, it succeeded. The court of appeals decision, in my view, is wildly off-base with existing free speech doctrines and cases.

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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. Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).

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Obviousness and Pharmaceutical Method of Treatment Claims

Patently O

2022-1258 (Fed. The case involved Janson’s U.S. In the ensuing Hatch-Waxman litigation, Teva stipulated to infringement but challenged the patent on obviousness and indefiniteness grounds. Janssen Pharms., Teva Pharms. USA, Inc. , Following a bench trial Judge Cecchi (D.N.J.)