Court Litigating Litigation Prima Facie Case 
Day on Torts
OCTOBER 3, 2022
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.
JayS.Rothman&Associates
MAY 17, 2023
Protected Class Associational discrimination cases can be brought under various laws. For example, courts have held that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of their associates’ race, gender, religion, and/or national origin. The Supreme Court held in Thompson v.
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NewmanFerraraLLP
MARCH 15, 2023
After Ryan Foote filed a motor vehicle collision case with the Erie County Supreme Court, he claimed he moved for summary judgment -- seeking a pre-trial finding of negligence -- in his favor. DIDN'T PUT HIS BEST FOOTE FORWARD? But after a judge denied Foote’s motion, he appealed to the Appellate Division, Fourth Department.
Day on Torts
NOVEMBER 15, 2022
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. The Court of Appeals quoted Tenn. In Reiss v. Rock Creek Construction, Inc. ,
Patently O
NOVEMBER 29, 2023
by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. More detail on each case below: MacNeil v.
Patently O
MARCH 31, 2024
In a recent decision, the Federal Circuit vacated a judgment of invalidity and remanded for a new trial, holding that the district court’s jury instruction on objective indicia of nonobviousness constituted prejudicial legal error. The case, Inline Plastics Corp. The district court construed several key claim terms.
JonathanTurley
FEBRUARY 26, 2023
The Texas Supreme Court has handed down a major ruling in defense of free speech this week. What was particularly chilling is that one appellate court agreed with the absurd argument that characterizing abortion as murder is an actionable basis for defamation as opposed to protected opinion. It did so in the Dobbs decision in 2022 ).
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