Day on Torts

OCTOBER 3, 2022

If a party petitions for dismissal under the TPPA and “makes a prima facie case that they have participated in a protected activity under the TPPA, the court may then dismiss the action against them, unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.”

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

JANUARY 29, 2021

Defendants’ next argument on appeal was that the trial court should not have allowed plaintiff to read a portion of the treating physician, Dr. Klimo’s, deposition into evidence. The Court of Appeals affirmed the decision to allow use of the deposition, explaining that pursuant to Tenn. Code Ann. §

Tort 59

Tort Depositions Court Sports 59

Paralegal Bootcamp

NOVEMBER 28, 2023

Personal Injury Paralegal Boot Camp As a personal injury paralegal, you have an important role in the pre-litigation phase of your claim files. They were like, “Hey, as a paralegal, you’ve done some deposition prep. I was still doing deposition preps for physicians. I did, and it just kind of exploded from there.

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Paralegal Paralegals Personal Injury Healthcare 227

Day on Torts

DECEMBER 17, 2020

Plaintiff responded to the motion and attached to her memorandum a “Declaration of Barbara Lundell,” wherein she explained that she was nervous during her initial deposition and had incorrectly identified where the incident took place. The Court ruled that this evidence created an issue of fact and that summary judgment was not appropriate.

Depositions 59

Depositions Court Court Rules Litigation 59

ClimateChange-ClimateLaw

JULY 6, 2017

Each month, Arnold & Porter Kaye Scholer LLP (APKS) and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. climate litigation charts. New York Trial Court Set Parameters for Exxon’s Compliance with Attorney General’s Climate Change Investigation.

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Court Litigation Litigating Attorney 40

Patently O

MARCH 19, 2021

Regression analysis is a sophisticated quantitative technique that is widely used in the academic literature, in making business decisions and in many areas of litigation, though it is seldom presented in patent trials. A ruling in Intel’s favor may have made future royalties unavailable. I have had no involvement in this litigation.

Technology 101

Technology Manufacturing Litigation Litigating 101

Broadcast Law Blog

JUNE 9, 2013

Whether the hard and fast, one strike and you are out rule that had been adopted by the FCC might be too harsh is the subject of the proceeding - and has been the subject of much questioning and litigation since it was adopted. Critics point to seemingly inconsistent application of the policy (e.g.

Depositions 40

Depositions Court Court Rules Litigation 40

JonathanTurley

OCTOBER 30, 2023

The court ruled against her and found that the park’s duty was only to “make conditions as safe as they appear to be” and that Munoz “ was aware of the risk she encountered, and expected to be surprised, startled, and scared.” particularly those with ravenous monkeys.

Tort 48

Tort Litigation Litigating Manufacturing 48

JonathanTurley

MARCH 21, 2021

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. The Court sought to create “breathing space” for the media by articulating that standard that now applies to both public officials and public figures. It may be cathartic but it can be costly.

Tort 87

Tort Litigation Litigating Court 87

JonathanTurley

FEBRUARY 1, 2021

I received emails that I was defending a pedophile and abuser by simply noting that the dispute could lead to litigation given Weaver’s denials. As a threshold point, Weaver may not want a lawsuit that would open himself up to discovery and particularly depositions. With 21 men already on record, litigation would be brutal.

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Tort Litigation Litigating Depositions 42