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

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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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

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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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 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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At the Lectern

APRIL 28, 2022

subdivision (c) and rule 8.392(b) of the California Rules of Court, or whether the matter should be remanded to the superior court so it may in the first instance decide whether the petition or its claims are successive under section 1509, subdivision (d), and if so whether to issue a certificate of appealability under section 1509.1,

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Conflict of Laws

APRIL 25, 2024

Application of Singapore’s new rules on service out of jurisdiction: Three Arrows Capital and NW Corp The Rules of Court 2021 (‘ROC 2021’) entered into force on 1 April 2022. Among other things, ROC 2021 reformed the rules on service out of jurisdiction (previously discussed here ). 1] [2024] SGHC 21. [2]

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Patently O

MARCH 24, 2022

President Biden finally nominated Kathi Vidal as the next USPTO Director on January 13, 2022, and her confirmation is pending in the Senate. The exclusivity provision specifically bars reliance on a statute “providing general authority” to an agency head to “delegate” or “reassign” duties.

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At the Lectern

APRIL 13, 2023

Strong (2022) 13 Cal.5th The superior court ruled defendant couldn’t be resentenced because, under the statute, she “was a major participant in the underlying felony and acted with reckless indifference to human life.” ” The Third District found substantial evidence supported the ruling.

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JonathanTurley

AUGUST 16, 2023

Perhaps for that reason, the Biden attorneys were apoplectic in maintaining that the gun charge was inked and sealed. That is the problem when your counsel tells the prosecutor in open court to “just rip up” the plea deal. Some of those crimes were allowed to expire under the statute of limitations.

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ClimateChange-ClimateLaw

DECEMBER 11, 2020

The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review. The Court also ordered EPA to pay Thomas’s court costs. Zepeda , No.

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SCOTUSBlog

DECEMBER 31, 2022

From legendary lawyers to lesser-known activists, journalists, and plaintiffs, the following individuals who died in 2022 all shaped the court and the law in their own ways. Jackson Women’s Health Organization , David Beckwith published the original Supreme Court abortion leak. “I’m Read past years’ remembrances: 2021 , 2020.

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The Crime Report

DECEMBER 1, 2022

Its legal proceedings take place out of public view, under seal, with a low standard of evidence and often a court-appointed attorney for the fetus — but none for the person gestating it. With abortion now largely inaccessible in Wisconsin, Act 292 could become more widely applied, worries Loertscher’s attorney Freya Bowen.

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JURIST

APRIL 25, 2024

The Idaho statute criminalizes performing or attempting to perform an abortion unless not doing so would result in the mother’s death. Attorney Joshua Turner argued on behalf of the petitioners. Abortion continues to be a divisive issue in the US since the 2022 US Supreme Court ruling in Dobbs v.

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SCOTUSBlog

SEPTEMBER 29, 2023

But the lower courts ruled, and the federal government contends, that the “safety value” is only available to defendants who do not have any of the indicators. In an unusual twist, however, Laufer – who in February had agreed that the justices should grant review – asked the court in July to dismiss the case.

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JonathanTurley

JUNE 17, 2022

After the riot, District of Columbia Attorney General Karl Racine announced that he was considering arresting Trump, Donald Trump Jr., Gillespie, 2022 Cal. LEXIS 3055 *, 2022 WL 1564200. Indeed, such a claim would contradict controlling Supreme Court precedent. Those are plenty to start with.”. Rudy Giuliani and U.S.

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