The Crime Report

DECEMBER 5, 2022

There were few laws criminalizing domestic violence , and enforcement of the existing laws was rare. It was only in the past few decades that laws criminalizing domestic violence came to be widespread and enforced. He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v. But now, the U.S.

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Court Rules Court Legal Legal 105

Mondaq

JUNE 24, 2022

On June 15, 2022, the Supreme Court of the United States issued an 8-1 decision in Viking River Cruises, Inc. Moriana, holding that an employee's individual claims for penalties.

Statute 40

Statute Court Rules Court Laws 40

The Researching Paralegal

MARCH 29, 2022

Do not forget your state or national bar journal, especially to help you keep up with the lastest changes to statutes and case law, as well as court rule changes! You can also find great information at your local or state paralegal organization and its newsletter. As always, if I can give you a hand, please give a shout!

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Paralegal Paralegals Statute Court Rules 52

JURIST

MAY 22, 2023

The NAACP Board of Directors issued a formal travel advisory Sunday for the state of Florida over a series of laws recently signed by Governor Ron DeSantis that the organization says “[attempt] to erase Black history and to restrict diversity, equity, and inclusion programs in Florida schools.” Act”), was enacted in 2022.

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Fordham Law News

APRIL 21, 2022

Since the onset of the COVID-19 pandemic, New York State’s legislative bodies have crafted new laws to help prevent tenants’ evictions. 3] Originally, landlords did not have a legal mechanism within the law to challenge the COVID hardship declarations filed by tenants. [4] What is ERAP.

Laws 52

Laws Statute Court Court Rules 52

Patently O

DECEMBER 7, 2023

2022-1194, 2022-1208, 2022-1246 (Fed. The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H. The statute’s patent specific.” Lundbeck A/S v.

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Manufacturing Statute Court Construction 125

SCOTUSBlog

SEPTEMBER 29, 2023

Share The Supreme Court on Friday issued orders from its so-called “long conference” – the justices’ private conference in the last week of September, at which they met for the first time since the end of June to add new cases to their docket. After the California Supreme Court declined to weigh in, Sheetz came to the U.S.

Calendaring 121

Calendaring Court Statute Court Rules 121

Conflict of Laws

OCTOBER 28, 2022

Magnus: A new Private International Law and new Procedural Rules for Adoptions in Germany. As a result of two recent reforms the German private international and procedural laws applicable to adoptions have changed quite substantively. It argues for the application of the law of the state where the register is kept.

Contract 52

Contract Laws Government Court 52

Day on Torts

MAY 18, 2022

M2021-00487-COA-R3-CV, 2022 WL 1404357 (Tenn. May 4, 2022), plaintiffs filed this pro se action that revolved around a newly built home they bought in August 2017 that had allegedly developed severe mold issues. In Simpkins v. John Maher Builders, Inc. , Code Ann. § 28-3-105.) On appeal, dismissal was partially reversed.

Tort 59

Tort Statute Diligence Contract 59

Day on Torts

FEBRUARY 16, 2022

M2021-00262-COA-R3-CV, 2022 WL 202641 (Tenn. 24, 2022), plaintiff was walking on a sidewalk in a residential neighborhood when she tripped and fell over a sewer cleanout cap that protruded from the middle of the sidewalk. In Garamella v. City of Lebanon , No. internal citation omitted). Code Ann. § This opinion was released 1.5

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Tort Construction Statute Court 59

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. On appeal, this ruling was reversed. Conversion is subject to a three-year statute of limitations. Lewis , No. Code Ann. §

Construction 59

Construction Tort Statute Attorney 59

Day on Torts

OCTOBER 31, 2022

When appealing a trial court’s order dismissing or refusing to dismiss a case under the Tennessee Public Protection Act (TPPA), the appeal “must be filed within thirty days of the entry of that order.”. E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. In Laferney v. Livesay , No. The appeal was therefore dismissed.

Tort 59

Tort Statute Attorney Court 59

Fordham Law News

OCTOBER 12, 2023

If the Supreme Court agrees with the previous rulings in Moore, it could have hundreds of different consequences for taxpayers. [16] 19] Lastly, not only would a Supreme Court ruling striking down §965 have tax implications for foreign investment income tax, it could also have potential impacts on a variety of other U.S.

Real Estate 52

Real Estate Statute Court Rules Court 52

Conflict of Laws

AUGUST 30, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II.

Drafting 98

Drafting Laws Litigation Litigating 98

Constitutional Law Reporter

NOVEMBER 28, 2022

The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Bollinger , 539 U.S. 306 (2003). Hendrix: Under 28 U.S.C.

Constitutional Law 52

Constitutional Law Statute Education Court Rules 52

Day on Torts

OCTOBER 3, 2022

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. Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. In Charles v. McQueen , No. Code Ann. § citing Tenn.

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Prima Facie Case Tort Real Estate Statute 59

At the Lectern

FEBRUARY 13, 2024

From the news release by Karen Datangel: “This February, California courts and the Judicial Council of California join the nation in recognizing Black History Month. 31, 2022, 8.6% Some of them relate to California’s Supreme Court: In re Perkins (1852) 2 Cal. Lee later got his freedom from a federal court ruling.

Court 45

Court Education Statute Court Rules 45

Conflict of Laws

JANUARY 11, 2024

Court decisions In 2019, a US District Judge for the Central District of California, applying Spanish law, found that court filings did not demonstrate a “willful blindness” on the part of the Museum, when it added the painting to its collection. The case was returned to the Court of Appeals.

Statute 45

Statute Laws Court Court Rules 45

Day on Torts

SEPTEMBER 9, 2022

E2021-01085-COA-R3-CV, 2022 WL 3589838 (Tenn. 23, 2022), several insurance companies filed suit against the City of Sevierville, Sevier County Electric System (SCES), and Wolf Tree, who was SCES’s vegetation management contractor (the cases filed by the insurance companies were consolidated). Sevier County Electric System , No.

Contract 52

Contract Tort Court Rules Statute 52

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. Here is an example of the format we use: __.

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Court Tort Statute Lawyer 59

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

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.

Statute 59

Statute Court Rules Court 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. During oral arguments, plaintiff also suggested that Owens was inapplicable because the statute cited therein, Tenn. In Welch v. National Health Corp. , 3d 876 (Tenn.

Attorney 59

Attorney Statute Healthcare Court 59

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.

Tort 59

Tort Statute Cause of Action Court 59

Patently O

MARCH 15, 2023

Jordan is a second-year law student at the University of Missouri School of Law and a registered patent agent. Vidal , 2022-1249, — F.4th 13, 2023) , Judge Taranto (joined by Judges Lourie and Stoll) largely affirmed the district court’s dismissal, confirming that the Director’s instructions are unreviewable. In Apple v.

Statute 62

Statute Litigation Litigating Court 62

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.

Tort 59

Tort Statute Court Construction 59

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 ).

Court 68

Court Cause of Action Laws Contract 68

Conflict of Laws

APRIL 4, 2023

79-109 (available here ) Amurodov, Jahongir “Some issues of Ratification of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019) by the Republic of Uzbekistan”, Uzbek Law Review 2020-03, pp. 11 of August 2000 (available here ), pp 19-128 II.

Drafting 52

Drafting Laws Litigation Litigating 52

Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 The new FCR r 10.42(j)

Court 40

Court Prima Facie Case Statute Cause of Action 40

Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

Tort 59

Tort Depositions Depose Court 59

Day on Torts

FEBRUARY 24, 2022

W2020-00430-COA-R3-CV, 2022 WL 353697 (Tenn. 7, 2022), plaintiff was in a car accident caused by an employee of defendant, and defendant had admitted fault. The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion.

Tort 59

Tort Personal Injury Court Court Rules 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

Court 60

Court Prima Facie Case Statute Attorney 60

Day on Torts

MARCH 28, 2022

W2020-01201-COA-R3-CV, 2022 WL 852904 (Tenn. 23, 2022), plaintiff and his wife lived in the Rivertrail neighborhood and were members of the defendant homeowner’s association (HOA). The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 In Walker v.

Tort 45

Tort Construction Court Rules Court 45

Day on Torts

OCTOBER 24, 2022

E2021-01402-COA-R3-CV, 2022 WL 11584155 (Tenn. 20, 2022), plaintiff filed this HCLA suit on behalf of her son. Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. In Parker ex rel. Dassow , No. Click on the link to see the book’s Table of Contents.

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Tort Contract Court Statute 45

Patently O

AUGUST 9, 2022

We already have several posts on the case in Patently-O: Dennis Crouch, The Sound of Silence and the Inherency Doctrine for Written Description , Patently-O (July 29, 2022). Chris Holman, Federal Circuit Flips “Negative Claim Limitation” Decision after Change in Panel Composition , Patently-O (June 23, 2022). Accord Healthcare, Inc.,

Healthcare 60

Healthcare Court Law School Statute 60

Day on Torts

SEPTEMBER 14, 2022

M2021-00867-COA-R3-CV, 2022 WL 4112706 (Tenn. 9, 2022), plaintiff was a roofer who was injured while working on a homeowner’s roof. After discovery, DSS filed a motion for summary judgment, which the trial court granted. In Lynch v. Plaintiff then amended his complaint to assert claims against DSS as well.

Tort 59

Tort Construction Court Statute 59

Day on Torts

DECEMBER 5, 2022

M2021-01335-COA-R3-CV, 2022 WL 17175608 (Tenn. 23, 2022), the issues revolved around plaintiff’s purchase of a home. Accordingly, the Court ruled that, pursuant to Tenn. Based on these facts, the Court ruled that there was material evidence supporting the jury’s finding that plaintiff acted with due diligence.

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Compensatory Damages Punitive Damages Tort Diligence 59