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.

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LawSites

NOVEMBER 8, 2023

primary law library of cases, statutes, regulations, court rules and constitutions. The e-discovery company DISCO said today it has entered into a long-term license with the international legal research company vLex to obtain access to its U.S.

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SCOTUSBlog

NOVEMBER 9, 2022

Share The Supreme Court on Wednesday declined to block the execution of Tracy Beatty, who was convicted and sentenced to death for the 2003 murder of his mother. Two federal courts rejected Beatty’s argument that they could order prison officials to allow the evaluations to go ahead without handcuffs.

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SCOTUSBlog

DECEMBER 9, 2021

Share On Wednesday, the court heard oral argument in Shinn v. Ramirez and Jones , two death penalty cases that will determine whether prisoners may develop new evidence to support claims that their lawyers were constitutionally ineffective at trial. But a 2012 Supreme Court decision, Martinez v. The question raised in Shinn v.

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MyCase

OCTOBER 20, 2022

When it comes to litigation, missing a deadline isn’t an option, and with so many shifting statutory and court rules to adhere to, that can be difficult to manage. A rules-based calendaring system not only houses your calendar and upcoming deadlines but also syncs with any rules you set, including a specific court’s rules.

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LawSites

JULY 19, 2022

Recently, I reported here on the “quiet” launch of a new legal research service, Decisis , targeting bar associations and 1-2 lawyer law firms. Virgin Islands, and four-dozen metropolitan, county and specialty bar associations, for a total number of users of more than 1 million lawyers, out of an estimated 1.3

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SCOTUSBlog

APRIL 25, 2022

Tax Court has the power to excuse the missed deadline for equitable reasons, the Supreme Court ruled on Thursday in a unanimous decision. It held instead that the statute is not jurisdictional, and that equitable tolling is an available argument in Tax Court. But the court rejected the government’s argument.

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Day on Torts

MAY 18, 2022

Plaintiff asserted various claims against defendants, including breach of contract, fraud, intentional misrepresentation, and negligence, all of which the trial court dismissed as untimely pursuant to the three-year statute of limitations applicable to claims of injuries to real property. In Simpkins v. John Maher Builders, Inc. ,

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SCOTUSBlog

JUNE 1, 2023

Pirani rejected a lower-court ruling that had substantially broadened liability for publicly traded companies under Section 11 of the Securities Act of 1933. The “challenge” in understanding the statute, Gorsuch pointed out, is that “there is no clear referent in § 11(a) telling us what ‘such security’ means.”

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MyCase

MAY 9, 2022

Because drop-dead deadlines like statutes of limitations can make or break your client’s case, it’s imperative for your firm to have legal calendaring processes in place that are reliable and accurate. Before electronic calendars were invented, lawyers tracked deadlines and due dates using paper calendars and tickler systems.

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Day on Torts

FEBRUARY 16, 2022

The Court noted that plaintiff’s only evidence that the cap was dangerous was the evidence of her own fall and the fall of the alleged other unnamed homeowner, and that “[n]egligence cannot be presumed by the mere happening of an injury or accident.” internal citation omitted). Code Ann. § This opinion was released 1.5

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SCOTUSBlog

JANUARY 20, 2021

In a speech at Harvard Law School in 2015, Justice Elena Kagan told the audience that “we’re all textualists now” – that is, that any effort to interpret a statute begins (and often ends) with the language of the statute. Representing the oil and gas companies, lawyer Kannon Shanmugam told the justices that 28 U.S.C.

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SCOTUSBlog

DECEMBER 2, 2021

Though some justices seemed receptive to the availability of emotional distress damages, questions from the bench also suggested concern about the size of emotional distress awards and the absence of explicitly defined remedies in the statutes Cummings invoked. Cummings’ lawyer, Andrew Rozynski, and Colleen Sinzdak, arguing for the U.S.

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Day on Torts

AUGUST 2, 2022

Defendant argued that plaintiffs knew about the alleged conversion in October 2009 and that the claim was therefore time-barred, but the trial court found that the statute of limitations did not begin to run until after the father’s death. On appeal, this ruling was reversed. Code Ann. §

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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).

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At the Lectern

FEBRUARY 13, 2024

Supreme Court’s Dred Scott decision, the court stated, “where slavery exists, the right of property of the master in the slave must follow as a necessary incident.” Lee later got his freedom from a federal court ruling. ” Historic Supreme Court justices. ” (9 Cal. Flood (1874) 48 Cal.

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Day on Torts

OCTOBER 31, 2022

The trial court then entered an order awarding some attorneys’ fees on March 5, 2021, then due to some late filing, entered another order regarding attorneys’ fees on June 24, 2021. The TPPA is Tennessee’s anti-SLAPP statute, which stands for “strategic lawsuits against public participation.” The appeal was therefore dismissed.

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SCOTUSBlog

APRIL 18, 2023

Pirani suggest a court leaning toward a split decision, rejecting liability under only one of the two securities-law statutes at issue in the case. Slack Technologies asks the court to apply two provisions of the Securities Act of 1933 to a relatively new method of going public known as a “direct listing.”

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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.

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Day on Torts

DECEMBER 8, 2022

Under Tennessee Rule of Civil Procedure 41.01, “the right of the plaintiff to dismiss the action without prejudice is free and unrestricted except in limited and well-defined circumstances.” Rule 41.01 internal citation omitted). internal citation omitted). internal citation omitted). internal citation omitted). exceptions in general.

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Day on Torts

OCTOBER 3, 2022

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn. Code Ann. §

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HowAppealing

DECEMBER 21, 2023

“Lawsuit Over Naked Baby on Nirvana’s ‘Nevermind’ Is Revived; The suit about the 1991 album had been dismissed because of the statute of limitations; But an appeals court ruled that it could proceed, noting that the album had been reissued in 2021”: Matt Stevens of The New York Times has this report.

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Day on Torts

SEPTEMBER 9, 2022

Plaintiff attempted to rely on additional documents referred to in the SCES manual to support a finding of duty, but the Court noted that the Manual specifically referred to these additional documents in an attempt to provide proper pruning methods, not to add to defendant’s contractual duty. internal citations omitted).

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Day on Torts

MAY 31, 2022

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. BirdDog Law also provides Tennessee lawyers with free access to user-friendly versions of the Tennessee rules of evidence and procedure.

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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.”

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MyCase

DECEMBER 15, 2022

This is particularly important for busy lawyers and those handling multiple complex or long-term cases. Also, most lawyers already know how to manage their own calendars. . Additionally, MyCase offers a direct LawToolBox integration that provides access to a library of hundreds of court rule sets across the U.S.

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SCOTUSBlog

JUNE 28, 2022

The court ruled for the doctors, with Breyer writing for six justices, and Justice Samuel Alito concurring in the judgment on behalf of himself, Justice Clarence Thomas and, in part, Justice Amy Coney Barrett. And Breyer was clear that circumstantial evidence might be important to such an inquiry.

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SCOTUSBlog

DECEMBER 10, 2021

In June 2020, the Supreme Court issued a summary reversal – meaning it decided the case without merits briefing or oral argument – in Andrus v. In an unsigned opinion, the court ruled that Terence Andrus had demonstrated that his lawyer provided deficient performance at sentencing for failing to investigate or introduce mitigating evidence.

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Day on Torts

MARCH 28, 2022

The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03 Accordingly, the Court ruled that the fact was admitted and defendant could not “be charged with actual notice.”. internal citations and quotations omitted). Summary judgment was therefore affirmed.

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Day on Torts

FEBRUARY 24, 2022

Regarding the permanence of plaintiff’s injury, the Court found that plaintiffs’ experts had testified to some permanence for both his leg and back and his cognitive injuries, and that the medical testimony was “corroborated by [plaintiffs’] respective testimony that [plaintiff’s] physical and cognitive symptoms have not improved since the accident.”

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Day on Torts

OCTOBER 31, 2022

The trial court ruled that “Dr. Steege did not meet the locality rule outlined in Shipley v. Steege from Chapel Hill, North Carolina. After deposing Dr. Steege, defendants moved to exclude Dr. Steege on the basis that he was not competent to testify under Tenn. Code Ann. § 26-26-115(b). Williams , 350 S.W.3d 3d 527 (Tenn.

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Day on Torts

OCTOBER 24, 2022

Plaintiff argued that Erlanger’s payments to UT were essentially funneled to defendant, but the Court rejected this argument. The Court noted that defendant was not a party to the contract between UT and Erlanger, and that both UT and Erlanger benefited from the affiliation agreement.

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SCOTUSBlog

FEBRUARY 22, 2022

The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law. or something” when he located a particular phrase in a lower-court opinion. (It The first case, Ysleta del Sur Pueblo v. Two, you cover those numbers when they are drawn or somehow identified.

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Day on Torts

SEPTEMBER 14, 2022

After discovery, DSS filed a motion for summary judgment, which the trial court granted. The trial court ruled that plaintiff had asserted a premises liability claim, and that “DSS did not owe Plaintiff a duty of care under premises liability.” Plaintiff then amended his complaint to assert claims against DSS as well.

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Rocket Matter

AUGUST 12, 2022

Let’s look at how attorneys can use calendar software and integrations to streamline workflows and better manage rules and deadlines. One of the most important responsibilities as a lawyer is to hit all the filing deadlines. Plus, deadlines are automatically updated when the court rules change. LawToolBox.

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SCOTUSBlog

JANUARY 12, 2021

Court of Appeals for the 11th Circuit upheld that decision, Uzuegbunam went to the Supreme Court, which agreed last summer to weigh in. We have “very imaginative lawyers with imaginative damages theories,” Gorsuch quipped. Those statutes deter wrongdoers in the regulated industries and allow consumers to vindicate their rights.

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Day on Torts

DECEMBER 5, 2022

The Court noted that this exact issue had been addressed in a 2020 Court of Appeals case, where the Court stated: “The law in Tennessee is well-established on this issue, and it is not the role of this Court to depart from it.” Accordingly, the Court ruled that, pursuant to Tenn. internal citation omitted).

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