At the Lectern

JUNE 26, 2023

Prudholme , the Supreme Court today holds that legislation reducing maximum probation terms applies retroactively and, when so applied, doesn’t jeopardize a plea agreement reached under the harsher superseded law. It’s not an easily resolved issue, because the Legislature didn’t specify an answer. In People v.

Statute 40

Statute Court Rules Court Felony 40

The Crime Report

DECEMBER 5, 2022

10, 2022, a judge in the Western District of Texas struck down the federal law that prohibits access to guns for people subject to domestic violence protection orders. He did this based on a 2022 U.S. Supreme Court ruling, NYSRPA v. The ruling has since been appealed to the 5th Circuit Court.

Court Rules 105

Court Rules Court Legal Legal 105

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. The trial court rejected that argument, and the California Court of Appeals agreed.

Calendaring 123

Calendaring Court Statute Court Rules 123

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

Patently O

MARCH 13, 2024

23A766 , highlights the importance of adhering to the Supreme Court’s rules and presenting compelling reasons when requesting an extension of time to file a petition for certiorari. 2022-1482 (Fed. Collegium Pharmaceutical , Case no. Collegium Pharmaceutical, Inc., Read Prof Holman’s Discussion of the Case ].

Court 52

Court Diligence Statute Court Rules 52

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!

Paralegal 52

Paralegal Paralegals Statute 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. by Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. ,

Manufacturing 125

Manufacturing Statute Court Construction 125

JURIST

MAY 22, 2023

Act”), was enacted in 2022. A federal court blocked parts of HB 7 after finding them unconstitutional. A federal court ruled it unconstitutional in March. Although a federal district judge originally blocked this law, the US Court of Appeals for the Eleventh Circuit reversed. HB 543 was passed in April 2023.

Education 197

Education Statute Court Rules Court 197

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

Day on Torts

JUNE 20, 2022

Where plaintiffs alleged that “church entities were negligent regarding the sexual abuse of minors” by a clergyman, and the allegations included claims of fraudulent concealment through an investigation that was actually a “whitewash,” dismissal based on the statute of limitations was reversed. W2021-00353-COA-R3-CV, 2022 WL 1837455 (Tenn.

Statute 59

Statute Tort Court Rules Court 59

Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. 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. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

Court 59

Court Tort Statute Lawyer 59

At the Lectern

OCTOBER 14, 2022

At the Supreme Court’s Wednesday conference , a double one, actions of note included: Retail lease. The court agreed to hear JJD-HOV Elk Grove, LLC v. The appellate court disagreed with the Fifth District’s decision in Grand Prospect Partners, L.P. The court also granted review in People v. Tran (2022) 13 Cal.5th

Court 60

Court Prima Facie Case Statute Attorney 60

Fordham Law News

OCTOBER 12, 2023

1] The implication of this question is one of the main issues being presented in the pending Supreme Court case, Moore v. 14] The court in Moore stated that it was constitutional to tax this unrealized income [15] , but others are concerned with what that means for taxpayers around the country. United States. [2] 2] In Moore v.

Real Estate 52

Real Estate Statute Court Rules Court 52

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. §

Tort 59

Tort Construction Statute Court 59

At the Lectern

DECEMBER 10, 2022

The Supreme Court yesterday issued an alternative writ. except the alternative writ’s recipient is a Court of Appeal. The Supreme Court’s alternative writ implies what a Rule of Court expressly provides — the parties do have that right. Court of Appeal (Olson). In Aaronoff v.

Court 45

Court Calendaring Drafting Statute 45

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

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. 20-17-106 and Nandigam Neurology, PLC v. 3d 651 (Tenn.

Tort 59

Tort Statute Attorney 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. § internal citation and quotations omitted).

Construction 59

Construction Tort Statute Attorney 59

At the Lectern

MARCH 16, 2023

At yesterday’s Supreme Court conference , a double one, actions of note included: Court allows clemency for one, returns files to be redacted for four others. 2) May a superior court ever set pretrial bail above an arrestee’s ability to pay?” ” In its landmark In re Humphrey (2021) 11 Cal.5th Resentencing.

Felony 40

Felony Court Construction Statute 40

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

Court 40

Court Prima Facie Case Statute Cause of Action 40

Conflict of Laws

OCTOBER 28, 2022

The Higher Regional Court (OLG) of Frankfurt a.M. The court clarified that the provision governs the jurisdiction of a court also in such cases where a consumer who has contracted with a professional counterparty subsequently relocates to another contracting State. Consequently, the court strengthens the position of consumers.

Contract 52

Contract Laws Government Court 52

At the Lectern

APRIL 28, 2022

At the Supreme Court’s Wednesday conference yesterday, actions of note included: Supreme Court will answer Ninth Circuit employment discrimination question. The court granted review in TriCoast Builders, Inc. The court granted-and-held in Winick v. subdivision (c) and rule 4.576(b) of the California Rules of Court.”

Court 49

Court Statute Court Rules Attorney 49

Fordham Law News

APRIL 21, 2022

6] The law was struck down partially by the United States Supreme Court, which held that the “scheme violates the Court’s longstanding teaching that ordinarily ‘no man can be a judge in his own case’ consistent with the Due Process Clause.” [7] What follows is a recitation of the current split in the trial courts.

Laws 52

Laws Statute Court Court Rules 52

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. The Court explained that it was “not free to disregard the discussion in Owens directly addressing the issue before [it].” (internal citation omitted). In Welch v.

Attorney 59

Attorney Statute Healthcare Court 59

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.

Contract 59

Contract Statute Court Legal 59

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. This ruling was affirmed in part and reversed in part on appeal. In Charles v. McQueen , No. The TPPA, Tenn. Code Ann. § 20-17-101 et seq.,

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

Constitutional Law Reporter

NOVEMBER 28, 2022

Supreme Court had a busy week, hearing oral arguments in five cases. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. The primary issue in both cases is whether the Court should reverse its decision in Grutter v. Below is a brief summary of the other cases before the Court: Cruz v.

Constitutional Law 52

Constitutional Law Statute Education Court Rules 52

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. The trial court thus denied the motions to dismiss. In Moxley v. AMISUB Inc. D/B/A Saint Frances Hospital , No.

Statute 59

Statute Court Rules Court Attorney 59

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

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. On appeal, that ruling was reversed. The Court of Appeals began by looking at Tenn. State , No. Code Ann. §

Tort 59

Tort Statute Cause of Action Court 59

Patently O

MARCH 15, 2023

Apple brought an action against the USPTO Director Vidal in district court under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701– 706, challenging the Director’s instructions to the Board regarding exercise of discretion in IPR institution decisions. Vidal , 2022-1249, — F.4th The district court ruled that 35 U.S.C. §

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. Code Ann. §

Tort 59

Tort Statute Court Construction 59

Day on Torts

APRIL 6, 2022

April 1, 2022), plaintiff filed this negligence suit against defendant after the two were involved in a car accident. Defendant was never served with this amended complaint, but the trial court entered a final judgment awarding plaintiff $3 million in total damages in August 2017. In May 2020, defendant filed a Rule 60.02(3)

Compensatory Damages 59

Compensatory Damages Punitive Damages Court Rules Court 59

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 trial court found that plaintiff had complied with the HCLA, ruling that Exhibit 7 “satisfied the requirements[.]” Code Ann. §

Depositions 59

Depositions Healthcare Statute Court 59

Day on Torts

APRIL 25, 2022

April 8 2022), plaintiff was the son of decedent, who died while he was a resident at defendant assisted living center. Plaintiff argued that the arbitration agreement was not enforceable because the POA did not mention the authority to make health care decisions, and the trial court agreed, denying the motion to compel arbitration.

Attorney 59

Attorney Healthcare Court Rules Court 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 67

Court Cause of Action Laws Contract 67