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. Having found that the TPPA applied, the Court moved on to considering whether plaintiff had shown a prima facie case for each element of his two claims.

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Day on Torts

NOVEMBER 15, 2022

E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. 1, 2022), plaintiffs filed suit against defendant construction company related to defendant’s construction of plaintiffs’ residential home, and defendant filed a counterclaim, which was the claim at issue in this appeal. In Reiss v. Rock Creek Construction, Inc. , quoting Tenn.

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Patently O

DECEMBER 13, 2023

2022-1896 (Fed. This case provides additional insight into the doctrine of obviousness-type double patenting and the ongoing high bar set by the Federal Circuit for overcoming such rejections. What we have here is a gap in the scope of prior art within the statute associated with the patentee’s own pre-filing activities.

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At the Lectern

MAY 19, 2022

” The dissent asserted the defendant had made a prima facie case of, and was thus entitled to a hearing on, racial discrimination in charging Black defendants with felony-murder special circumstance penalty enhancements in Orange County. Tirado (2022) 12 Cal.5th The court declined to hear People v.

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At the Lectern

OCTOBER 14, 2022

Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” Tran (2022) 13 Cal.5th Tran (2022) 13 Cal.5th Superior Court (2000) 80 Cal.App.4th

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Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4).

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Conflict of Laws

JUNE 11, 2023

On 22 October 2021, summary judgment was entered in favour of Wu by an Associate Justice of the Supreme Court: Wu v Yin (Supreme Court of Victoria, Efthrim AsJ, 22 October 2021); see Wu v Yin [2022] VSC 729, [5]. Tsalamandris J rejected this ground, and Yin’s appeal: [2022] VSC 729, [124], [133].

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