JURIST

JUNE 3, 2023

The statute criminalizes performances on public land or in a location in which the performance “could be viewed by a person who is not an adult.” The court ruled that since minors can be anywhere, the practical effect of the language was to criminalize performances in almost every space in the state.

Entertainment 197

Entertainment Statute Attorney Court Rules 197

Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed.

Statute 59

Statute Personal Injury Cause of Action Misdemeanor 59

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. Code Ann. § internal citation omitted). 3d 487 (Tenn.

Attorney 59

Attorney Healthcare Court Rules Court 59

JURIST

NOVEMBER 18, 2021

” The High Court ruled that the defendants were not guilty of sexual assault and convicted them for minor offenses because they did not make skin to skin contact with their victims. The Court noted that the legislature intended to broadly protect child from sexual abuse.

Court 132

Court Statute Attorney Court Rules 132

Attorney at Work

AUGUST 25, 2021

One notable category of legal software that litigators often find particularly useful is rules-based calendaring software. Your days are ruled by deadlines, including statutes of limitation, filing deadlines and discovery deadlines. This is because deadlines are an inescapable part of your practice if you’re a litigator.

Calendaring 98

Calendaring Litigation Litigating Court Rules 98

JURIST

DECEMBER 12, 2023

The Texas Supreme Court ruled on Monday against a pregnant woman who challenged the state’s abortion restrictions. A lower court had previously granted the woman, Kate Cox, permission to receive an abortion due to pregnancy complications, despite the state’s strict abortion ban.

Court 211

Court Healthcare Statute Court Rules 211

JURIST

OCTOBER 12, 2021

The International Court of Justice (ICJ) in The Hague, Netherlands on Tuesday ruled in favor of Somalia in the dispute between Somalia and Kenya concerning the maritime border of the Indian Ocean. The top court ruled unanimously that there was no agreed maritime boundary between Somalia and Kenya.

Depositions 104

Depositions Statute Court Rules Legal 104

Day on Torts

MARCH 11, 2022

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. In Welch v. National Health Corp. , 3d 876 (Tenn.

Attorney 59

Attorney Statute Healthcare Court 59

Patently O

MAY 3, 2021

Although Tormasi began the prosecution pro se, he later worked with John Kane, a Trenton-based patent attorney, to push through to issuance. Rather than reaching the merits, the district court dismissed the case on procedural grounds. New Jersey has a statute on point: “Every person who has reached the age of majority.

Statute 123

Statute Court Court Rules Litigation 123

SCOTUSBlog

OCTOBER 10, 2022

In 2009, the Supreme Court ruled in District Attorney’s Office v. An inmate whose efforts to obtain DNA testing under state law have been unsuccessful, the court ruled, must show that state law denies him his right to due process. Reed came to the Supreme Court last fall, asking the justices to review that ruling.

Statute 108

Statute Construction Litigation Litigating 108

The Crime Report

JUNE 21, 2022

The model also addresses recent statements from prosecutors and other officials: the law would allow state attorneys general to adopt abortion-related criminal cases if prosecutors refuse to. Audrey Nielsen is a TCR Justice Reporting Intern.

Drafting 111

Drafting Statute Attorney Court Rules 111

Day on Torts

OCTOBER 31, 2022

The trial court also found that “the TPPA requires an award of attorney’s fees when an action is dismissed under that chapter” and it asked the prevailing parties’ attorneys to submit fee affidavits within fifteen days of the entry of the dismissal order. Plaintiff appealed the TPPA dismissal from that June 24 th order.

Tort 59

Tort Statute Attorney Court 59

Day on Torts

AUGUST 2, 2022

Decedent’s brother Don had a springing power of attorney (POA) for decedent. One of the two plaintiff daughters also testified at trial that she got a phone call from decedent on October 5, 2009, in which decedent stated that he had taken her and Don “off” his power of attorney. On appeal, this ruling was reversed. Code Ann. §

Construction 59

Construction Tort Statute Attorney 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. These rulings were reversed and vacated on appeal.

Tort 59

Tort Statute Attorney Court 59

SCOTUSBlog

APRIL 29, 2024

The district court ruled for Medical Marijuana and the other companies on Horn’s RICO claim. The companies came to the Supreme Court last fall, asking the justices to take up the case and weigh in.

Personal Injury 103

Personal Injury Court Immigration Government 103

SCOTUSBlog

NOVEMBER 9, 2022

His attorneys scheduled in-person evaluations for Beatty for use in his clemency efforts and to determine whether he had a claim under Ford v. 3599 , which gives district courts the power to authorize services that “are reasonably necessary for the representation of the defendant.” Beatty’s lawyers relied on 18 U.S.C.

Lawyer 93

Lawyer Lawyers Statute Court 93

At the Lectern

JUNE 17, 2021

Working on the presumption that the “ Legislature intends for ameliorative enactments to apply as broadly as is constitutionally permis sible,” the Supreme Court i n People v. The court ruled similarly last year in People v. McKenzie (2020) 9 Cal.5th

Court 49

Court Laws Felony Statute 49

SCOTUSBlog

MAY 23, 2022

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims. Share In Shinn v.

Court 145

Court Statute Lawyer Lawyers 145

SCOTUSBlog

OCTOBER 28, 2022

Last year, the court restricted the ability of state prisoners to develop new evidence to support claims that their attorneys failed to investigate leads that could have shown they were factually innocent. In 2019, the court ruled in Rehaif v. How is the court likely to rule?

Felony 94

Felony Statute Government Court 94

SCOTUSBlog

JUNE 12, 2023

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. Four years ago, the Supreme Court ruled in Nieves v. The district attorney quickly dropped the charges, but not before Gonzalez, who at the time was 72, had been processed and spent the day in jail.

Statute 81

Statute Court Rules Government Court 81

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).

Court 59

Court Tort Statute Lawyer 59

Day on Torts

FEBRUARY 14, 2022

Based on the circumstances of this case and the application of the relevant statute, however, the Court of Appeals disagreed. The Court noted that Tenn. 56-7-135 is a burden shifting statute, and that plaintiff “did not assert that it successfully rebutted the statutory presumption.” Code Ann. § Code Ann. §

Contract 59

Contract Statute Court Legal 59

Day on Torts

AUGUST 9, 2021

The trial court found plaintiff’s testimony that she was not involved in setting up the annuity and had no knowledge of it to be credible, and it ruled that defendant was liable for conversion. These rulings were affirmed on appeal. In Pomeroy v. McGinnis , No. E2020-00960-COA-R3-CV (Tenn. Code Ann. § 47-3-118(g). “In

Divorce 59

Divorce Cause of Action Statute Diligence 59

LawTechnologyToday

NOVEMBER 24, 2021

For the first time, the majority of attorneys are reporting using a laptop computer as their primary device to conduct work. If attorneys are in their offices less, it is logical that the desktop computers that are in those offices are not going to be used as often. This trend is most pronounced in firms with 10-49 attorneys.

Technology 100

Technology Metadata Attorney Project Management 100

Day on Torts

SEPTEMBER 12, 2022

Considering all the evidence, the trial court ruled that “each individual reason cited by [counsel] standing alone, does not constitute extraordinary cause for not complying with the statute,” but that “the cumulative effect of all the reasons led the court to exercise its discretion to find that there was extraordinary cause.”

Statute 59

Statute Court Rules Court Attorney 59

At the Lectern

JANUARY 19, 2024

’ ” (See: Scolding the Legislature for lack of clarity, Supreme Court rules statute can retroactively reduce probation without negating plea deal.) Cheryl Miller in The Recorder — “California Chief Justice Says Court’s Frequent Unanimity Doesn’t Squelch Voices.”

Court 45

Court Statute Education Court Rules 45

MyCase

AUGUST 16, 2022

According to Law.com , attorney retirement in New York is “remarkably complex” with “variations of ‘retire’… used in different contexts.” The article also states, “It is critically important to understand the labyrinth of potentially applicable ethics rules that intertwine with certain court rules on retirement.”.

Lawyer 52

Lawyer Lawyers Law Firm Law Firms 52

Day on Torts

MAY 31, 2022

Before filing suit, plaintiff consulted with a friend who was an attorney in Louisiana. When that friend could not find a Tennessee lawyer to take her case before the statute of limitations ran out, he sent her a sample pre-suit notice form. Plaintiff thereafter filed this HCLA suit. internal citations and quotations omitted).

Tort 59

Tort Statute Court Construction 59

The Crime Report

JUNE 16, 2022

“You cannot claim self-defense against a danger you create,” said Assistant District Attorney Thomas Binger in his closing argument. “If Howrey Professor of Law at the George Washington University Law School, state statutes vary widely on defining what constitutes aggression. The jury didn’t agree.

Law School 105

Law School Court Statute Laws 105

At the Lectern

OCTOBER 14, 2022

5th 1169 concerning 2021’s Assembly Bill 333 (see here ), but the opinion declined to resolve a split in Court of Appeal authority whether one part of the new law — Penal Code section 1109 , which requires an enhancement charge to be tried only after a jury finds the defendant guilty of the underlying offense — is retroactive.

Court 60

Court Prima Facie Case Statute Attorney 60

Day on Torts

MAY 11, 2022

In subsection (a)(1), which was the subsection at issue in this case, the statute only states that the certificate must say that “there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115.” 3, 2019), the Court ruled that “language in a complaint cannot substitute for a proper certificate of good faith.”

Tort 59

Tort Statute Cause of Action Court 59

Conflict of Laws

MAY 6, 2024

’ This Case is highly significant, because it extensively addresses the recognition and enforcement of foreign judgments in Kenya and the principles to be considered by the Kenyan Courts. That procedure was not immediately apparent.

Court 67

Court Laws Statute Litigation 67

The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

Attorney 127

Attorney Court Lawyer Lawyers 127

At the Lectern

MARCH 16, 2023

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. ” The Supreme Court denied the defendant’s petition for review in Howard. Resentencing. Uber Technologies, Inc. ,

Felony 40

Felony Court Construction Statute 40

MyCase

DECEMBER 15, 2022

Staff can set reminders for attorneys, and colleagues can easily see availability when scheduling meetings. Additionally, MyCase offers a direct LawToolBox integration that provides access to a library of hundreds of court rule sets across the U.S. You can also create events with court rules-based calculations.

Legal 52

Legal Legal Calendaring Law Firm 52

SCOTUSBlog

DECEMBER 10, 2020

The Supreme Court ruled unanimously on Thursday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. Thomas acknowledged that the Supreme Court had ruled in 2011 in Sossamon v.

Government 101

Government Court Statute Court Rules 101

SCOTUSBlog

JUNE 28, 2022

One of those exceptions is for physicians who operate under the statute’s registration scheme; registered doctors may prescribe controlled substances in accordance with rules promulgated by the attorney general.

Mens Rea 93

Mens Rea Government Criminal Law Court 93