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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

The counterclaim asserted claims for breach of contract, libel and slander based on statements allegedly made online and to third parties by plaintiffs about defendant. internal citations omitted). quoting Tenn. Code Ann. § 20-17-105(a)(b); additional citation omitted). internal citation and quotations omitted).

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US Infringement for Failure to Monitor Seat License Fees

Patently O

The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” Suing on Copyright vs. Contract : The Navy admitted that it did not fully live up to the implied agreement — it did not track/limit usage. See Restatement (Second) of Contracts § 352 cmt.

Contract 108
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Dismissal Based on Lack of Foreseeability Reversed.

Day on Torts

In cases involving the injury of a subcontractor employee, Tennessee courts “have looked to, among other things, the contracts governing the relationships between the landowners, prime contractors, and subcontractors to examine the scope of the parties’ respective duties.” In Thompson v. Southland Constructors , No.