Patently O

APRIL 10, 2022

Meso Scale Diagnostics, LLC , 2022 WL 1052320, — 4th — ( Fed. In a 2019 post , Dennis explains why it is correct to refer to the Section 286 limitation on damages as a “statute of limitations.” Clearly, an attorney addressing the court should think twice before using a footnote to make a substantive point. By Chris Holman.

Statute 57

Statute Technology Court Contract 57

Day on Torts

APRIL 25, 2022

Where the person who executed an arbitration agreement in connection with decedent’s admission to a nursing home had a power of attorney for decedent, but that power of attorney did not mention the ability to make health care decisions, the arbitration agreement was unenforceable. In Williams v. Smyrna Residential, LLC , No.

Attorney 59

Attorney Healthcare Court Rules Court 59

At the Lectern

JUNE 26, 2023

Everyone is on the same page on the retroactivity issue — the defendant, the Attorney General, and the court’s unanimous opinion by Justice Carol Corrigan. Scarano (2022) 74 Cal.App.5th Stamps (2020) 9 Cal.5th ” Also, the Supreme Court disapproves the Third District’s 2-1 decision in People v.

Statute 40

Statute Court Rules Court Felony 40

Patently O

APRIL 1, 2022

2022) (pending appeal). Correll is also a patent attorney and during that time Correll ran his own small firm. ” This quote comes from the USPTO mandatory survey of registered practitioners and is only loosely based upon the most on-point statute and regulations. by Dennis Crouch. Hirshfeld (Fed. 18 U.S.C. § 18 U.S.C. §

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Government Statute Attorney Administrative Law 71

Day on Torts

APRIL 15, 2022

A provision of the GTLA allowing for the recovery of attorney’s fees by a governmental employee who was the prevailing party in a GTLA suit was constitutional and did not deprive plaintiff of her right to access the courts. M2020-01509-COA-R3-CV, 2022 WL 1040371 (Tenn. Reid filed a motion for attorney’s fees pursuant to Tenn.

Statute 59

Statute Attorney Cause of Action Court 59

Patently O

JULY 10, 2022

2022) ( non-precedential ). Kevin Correll worked for the US Navy as an engineer, but also moonlighted for years as a solo patent attorney (prosecuting 211 patent applications). Kevin Correll worked for the US Navy as an engineer, but also moonlighted for years as a solo patent attorney (prosecuting 211 patent applications).

Laws 90

Laws Statute Attorney Court 90

JURIST

JUNE 16, 2022

Ultimately, Johnson sold his Dogecoin in June 2022 for a loss of approximately 70% of his investment. According to Johnson, this caused the crypto’s price to fluctuate. Johnson claimed he purchased Dogecoin in April of 2021 as a result of Musk’s conduct.

Compensatory Damages 118

Compensatory Damages Statute Attorney Court 118

Patently O

DECEMBER 5, 2022

2022) ( MonolithicEnBancPetition ). In September 2022, that petition was denied with a 2-1 decision. Dennis Crouch, Remote Work and Patent Venue , Patently-O (Sept 30, 2022). Congress amended the venue statutes so that, in most cases, venue rises and falls with personal jurisdiction. by Dennis Crouch. 21-cv-00655.

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Statute Construction Litigation Litigating 81

Day on Torts

OCTOBER 31, 2022

E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v. Livesay , No.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

FEBRUARY 10, 2022

M2020-01438-COA-R3-CV, 2022 WL 168145 (Tenn. 19, 2022), plaintiff county filed this legal malpractice suit against defendant attorney who had represented the county in an underlying action filed by a former county employee. In Coffee County v. Spining , No. Based on this review, the county filed a notice of appeal in that case.

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Legal Legal Tort Statute 59

The Crime Report

JANUARY 4, 2022

“Today’s announcements build on the department’s efforts to reduce the risk of firearms falling into the wrong hands,” Attorney General Merrick R. Garland said in a statement accompanying the announcement.

Statute 111

Statute Attorney Laws 111

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. Decedent’s brother Don had a springing power of attorney (POA) for decedent. There was also testimony that Don and plaintiff consulted with an attorney at this time.

Construction 59

Construction Tort Statute Attorney 59

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. Plaintiff also testified that he printed the power of attorney form online, and that anytime he presented the document, he stated that he was not sure of its legality.

Attorney 59

Attorney Statute Healthcare Court 59

Patently O

OCTOBER 18, 2023

2022-1212 (Fed. Stark reversed the TTAB’s cancellation order, finding the statute only permits cancellation for fraudulent acts taken while obtaining the registration , not for establishing incontestability. Lets look at the statute. by Dennis Crouch In the trademark case of Great Concepts, LLC v. Chutter, Inc. ,

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Statute Attorney Sports Court 63

LawSites

DECEMBER 12, 2022

Its patented AI examines legal documents and automatically finds and displays any citations to the factual source documents cited — such as exhibits, depositions or transcripts — as well as case law, statutes and regulations. ” Clearbrief also has partnerships in place for access to legal resources with the Free Law Project and Justia.

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Legal Documents Drafting Legal Legal 98

Intelligize Blog

FEBRUARY 15, 2024

According to the unanimous ruling in favor of a former UBS employee, the Sarbanes-Oxley Act of 2022 guarantees whistleblowers protections from retaliation by their employers and doesn’t require them to prove their employers intended to retaliate against them. Meanwhile, a new program spearheaded by the U.S.

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Government Statute Attorney Litigation 62

Constitutional Law Reporter

DECEMBER 16, 2022

The Supreme Court granted certiorari on November 22, 2022. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C.

Healthcare 52

Healthcare Court Felony Statute 52

At the Lectern

FEBRUARY 12, 2024

When it comes to interpreting California statutes, the State’s Supreme Court can be more supreme than the U.S. The two high courts had a rock-paper-scissors competition over California’s Private Attorneys General Act and arbitration. Moriana (2022) 596 U.S. Supreme Court. Lowe’s Home Centers. 4th 348, cert.

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Court Laws Statute Technology 45

SCOTUSBlog

APRIL 2, 2022

To create the compact, each state passed statutes and, as New York’s bill of complaint indicates is a constitutional requirement for interstate compacts, Congress consented as well. However, in 2018, New Jersey passed a statute to withdraw from the compact, and on Dec. However, the U.S. City of Oakland, California v. Oakland Raiders.

Government 85

Government Statute Cause of Action Litigation 85

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.

Tort 59

Tort Statute Attorney Court 59

Patently O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 24, 2022) [ WasteManagementDismissal ]. 4-weeks after discovering the breach, Waste Management disclosed the breach to individuals as well as to the California Attorney General (required by statute).

Contract 117

Contract Statute Litigation Litigating 117

JURIST

SEPTEMBER 9, 2022

The ACLU stated that the age restrictions to enter the popular tourism destination, in place on weekends since July 12, 2022, violate the First Amendment of the Constitution. ordinance and all actions taken by the city that violate their First Amendment right as well as court costs and attorney’s fees.

Statute 118

Statute Government Court Attorney 118

Constitutional Law Reporter

MARCH 21, 2022

S. _ (2022), the U.S. Court of Appeals for the 6th Circuit erred in denying the Kentucky attorney general’s motion to intervene on the commonwealth’s behalf in litigation concerning Kentucky House Bill 454, the state’s controversial abortion law. EMW agreed to dismiss claims against the attorney general without prejudice.

Laws 52

Laws Attorney Litigation Litigating 52

At the Lectern

JUNE 16, 2022

Justice Liu says a recent amendment of the applicable sentencing statute — Senate Bill 567 — requires, “in an appropriate case,” revisiting two Supreme Court cases that interpreted the statute before its amendment. Lopez (2022) 78 Cal.App.5th

Statute 49

Statute Court Attorney 49

Conflict of Laws

DECEMBER 6, 2023

The decision is significant too for private international law nerds like myself, contemplating how to resolve choice of law questions in our age of statutes. In September 2022, by majority, the Full Court of the Federal Court allowed the Princess appeal. Mrs Karpik obtained special leave. The appeal was heard in March 2023.

Contract 70

Contract Laws Court Statute 70

LawSites

OCTOBER 29, 2021

However, there is one notable addition to the subscription site — a comprehensive collection of primary source content covering all federal and state statutes and regulations. Because it remains somewhat of a work in progress, WK is offering it free to all subscribers on any plan until July 1, 2022. Free Access to Legal News.

Legal Research 98

Legal Research Legal Legal Statute 98

Diane Drain

APRIL 3, 2021

That statute made a number of additional temporary changes to the Bankruptcy Code, all of which, by their terms, expire either one year or two years after the changes became effective. These changes apply only to cases commenced under Chapter 11 Subchapter V and they expire December 27, 2022. This change expires on December 27, 2022.

Small Business 104

Small Business Statute Contract Attorney 104

At the Lectern

JULY 17, 2023

the Supreme Court today holds that mandatory arbitration of an employee’s individual claims against their employer doesn’t preclude the employee from pursuing in court a representative action under the Labor Code’s Private Attorneys General Act on behalf of similarly aggrieved employees. Moriana (2022) 213 L.Ed.2d

Court 40

Court Statute Technology Attorney 40

Day on Torts

FEBRUARY 14, 2022

E2020-01650-COA-R3-CV, 2022 WL 189791 (Tenn. 21, 2022), plaintiff provided certain services to the U.S. Based on the circumstances of this case and the application of the relevant statute, however, the Court of Appeals disagreed. In Vanquish Worldwide, LLC v. Sentinel Insurance Company, LTD , No. The Court noted that Tenn.

Contract 59

Contract Statute Court Legal 59

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. The trial court thus denied the motions to dismiss.

Statute 59

Statute Court Rules Court Attorney 59

Patently O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Steve Gass has a PhD in physics and also a patent attorney. And, in any case, these exceptions have defined the reach of the statute as a matter of statutory stare decisis going back 150 years.

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Stare Decisis Statute Court Manufacturing 74

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 The court granted the Attorney General’s petition for review in People v. Moriana (2022) 596 U.S. __, __ [142 S.Ct. 15, 2022, No. Resentencing. Uber Technologies, Inc. , Code, §§ 2698, 2699, subd.

Felony 40

Felony Court Construction Statute 40

Constitutional Law Reporter

NOVEMBER 11, 2021

The other potential blockbuster of the week, which involves a legal challenge to a Kentucky abortion law, appears likely to be resolved on procedural grounds in favor of the state’s Attorney General. Decisions in all of the cases are expected before the term ends in June 2022. EMW Women’s Surgical Center, P.S.C.: Thompson v.

Attorney 59

Attorney Constitutional Law Statute Court 59

At the Lectern

JANUARY 25, 2024

However, it’s likely they were interested in the Sixth District’s rejecting a discrimination-in-jury-selection claim under 2020’s Assembly Bill 3070 (adding Code of Civil Procedure section 231.7 ), a statute the appellate court analyzed in detail. Holmes, McClain and Newborn (2022) 12 Cal.5th ” ( People v.

Law School 45

Law School Statute Court Laws 45

Day on Torts

MAY 13, 2022

M2020-01209-COA-R3-CV, 2022 WL 1220917 (Tenn. April 26, 2022), plaintiff was represented by defendant attorney in an underlying case in which plaintiff asserted several claims, including malicious prosecution. Rogers , No. Instead, Plaintiff has simply offered his lay opinions.

Legal 59

Legal Legal Tort Statute 59

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 People v.

Court 60

Court Prima Facie Case Statute Attorney 60

Patently O

OCTOBER 11, 2021

” Hurdle of Concrete Harm : Although the APA permits an action to compel agency action, the statute typically requires that the plaintiff be “a person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action.” That case is now on appeal. ” 5 U.S.C. Where to Appeal?:

Statute 79

Statute Cause of Action Court Laws 79