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.

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JayS.Rothman&Associates

MAY 17, 2023

Protected Class Associational discrimination cases can be brought under various laws. Usually, a plaintiff must establish a prima facie case of discrimination, including showing that they suffered an adverse employment action and that they can link it to a protected class or activity under the law.

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NewmanFerraraLLP

MARCH 15, 2023

While a rear-end collision usually triggers “’a prima facie case of negligence on the part of the driver of the rear vehicle,’” the latter can come forward with a “non-negligent explanation for the collision” and thus rebut (or challenge) that presumption. .’”

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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. months after oral arguments in this case. In Reiss v. Rock Creek Construction, Inc. ,

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Patently O

MARCH 31, 2024

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. 2022-1954 (Fed.

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Patently O

NOVEMBER 29, 2023

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. Traxcell Techs.

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Patently O

DECEMBER 4, 2023

The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.” quoting Mohawk Indus., Carpenter , 558 U.S. 100 (2009).

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