Attorney at Work

AUGUST 25, 2021

Your days are ruled by deadlines, including statutes of limitation, filing deadlines and discovery deadlines. That’s where rules-based calendaring systems come in: They help ease the pain of tracking and meeting deadlines. Instead, when court rules change, the revised deadlines are automatically applied to your firm’s calendars.

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MyCase

AUGUST 16, 2022

Whether your retirement is around the corner or further down the road, retirement for lawyers requires extensive preparation. There are certain lawyer retirement rules and regulation requirements you’ll need to follow—and they vary from state to state. . When Do Lawyers Retire? ABA rule 1.4 According to the U.S.

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At the Lectern

FEBRUARY 13, 2024

From the news release by Karen Datangel: “This February, California courts and the Judicial Council of California join the nation in recognizing Black History Month. Some of them relate to California’s Supreme Court: In re Perkins (1852) 2 Cal. Lee later got his freedom from a federal court ruling.

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Day on Torts

JANUARY 15, 2022

The Tennessee Supreme Court reviews very few cases in a given year. 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. In the same fiscal year, the Court issued opinions in 63 cases. Link to Court of Appeals Opinions: [link].

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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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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. LawToolBox is the most comprehensive rules-based calendaring solution in the legal industry. LawToolBox Use Case . Easily updates to a new set of deadlines .

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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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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. After the IRS Independent Office of Appeals sustained the levy, Boechler sent a petition one day late to request review in the Tax Court. The case, Boechler v.

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MyCase

MAY 9, 2022

If you’re a litigator, your practice revolves around court deadlines. In litigation, missing a deadline isn’t an option since the end result could lead to penalties, such as court sanctions or even dismissal of your client’s case. What is Rules-Based Legal Docketing Software? The Benefits of Legal Calendaring Software.

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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. After the district court sent the case back to state court, the companies appealed to the U.S.

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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 answer, Justice Neil Gorsuch wrote for a unanimous court, is that Section 11 liability is available only for purchasers of the registered shares.

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At the Lectern

DECEMBER 10, 2022

The Supreme Court yesterday issued an alternative writ. except the alternative writ’s recipient is a Court of Appeal. The Supreme Court’s alternative writ implies what a Rule of Court expressly provides — the parties do have that right. Court of Appeal (Olson). In Aaronoff v.

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Day on Torts

FEBRUARY 16, 2022

Defendants Goodall and the City both filed motions for summary judgment, which the trial court granted, and the Court of Appeals affirmed. Regarding the claims against Goodall, the trial court had found in part that the claim was barred by the applicable statute of repose found in Tenn. internal citation omitted).

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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

DECEMBER 2, 2021

Share The Supreme Court heard oral argument Tuesday in , Cummings v. Court of Appeals for the 5th Circuit held that Cummings could not seek damages for emotional distress. At the Supreme Court on Tuesday, the justices sought to pin down which methodology they should apply to such cases. Premier Rehab Keller, P.L.L.C. ,

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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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Day on Torts

OCTOBER 31, 2022

The libel defendants filed motions to dismiss pursuant to the TPPA, which the trial court granted on December 10, 2020. 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. Beavers , 639 S.W.3d 3d 651 (Tenn.

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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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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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Conflict of Laws

JANUARY 15, 2023

The Federal Court Legislation Amendment Rules 2022 (Cth) (‘Amendment Rules’) came into force on 13 January 2023. Among other things, they amend the Federal Court Rules 2011 (Cth) (‘FCR’) by repealing division 10.4, The Amendment Rules replace the old division 10.4 which dealt with service outside Australia.

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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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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.

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Day on Torts

SEPTEMBER 9, 2022

The trial court eventually granted the motion for summary judgment, agreeing that defendant owed no duty here, and the Court of Appeals affirmed. The Court began its negligence analysis by considering whether defendant owed a duty under the contract.

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Day on Torts

MAY 11, 2022

Plaintiff filed his HCLA complaint against the non-State employees in circuit court, and he filed his complaint against the State with the Division of Claims and Risk Management. On appeal, that ruling was reversed. The Court of Appeals began by looking at Tenn. Code Ann. §

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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. The trial court agreed, ultimately dismissing the complaint with prejudice, and the Court of Appeals affirmed. defense it is answer, by failing to file a Rule 12.02

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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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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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SCOTUSBlog

JUNE 28, 2022

Share With a majority opinion that will be one of Justice Stephen Breyer’s last for the Supreme Court, the court on Monday ruled 9-0 that two alleged opioids “pill mill” doctors could not be convicted absent a jury finding that they subjectively believed they were wrongfully dispensing pills. The case, Ruan v.

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Day on Torts

FEBRUARY 24, 2022

The trial court applied the statutory non-economic damages cap to reduce the award to $1,529,777, which the Court of Appeals affirmed in a lengthy opinion. The Court pointed out that plaintiff had three lay witnesses and two expert witnesses testify as to causation. The Court of Appeals rejected both arguments.

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JonathanTurley

SEPTEMBER 9, 2021

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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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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Day on Torts

OCTOBER 31, 2022

Where an HCLA plaintiff’s expert testified at his deposition that he was not very familiar with Kingsport and that he had only reviewed information about Kingsport the night before the deposition, rather than before forming his medical opinions, the trial court did not err by excluding the expert based on the locality rule.

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Day on Torts

DECEMBER 5, 2022

Plaintiff responded by arguing that defendant had waived this argument and that there was material evidence to support the verdict, and the Court of Appeals agreed on both points. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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Day on Torts

MARCH 28, 2022

The trial court agreed that defendant had affirmatively negated the elements of duty and notice and therefore granted summary judgment, which the Court of Appeals affirmed. The Court ruled that this response was insufficient and that the statement was thus admitted, explaining: Rule 56.03

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SCOTUSBlog

FEBRUARY 22, 2022

As some Supreme Court podcasters have noted, Justice Stephen Breyer’s retirement announcement in late January pushed the so-called Maskgate controversy out of the spotlight. Perhaps the court has concluded that certain podcasters are in need of more fodder for their metaphors about the status of the court.

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Day on Torts

OCTOBER 24, 2022

The trial court granted the motion, finding that defendant had absolute immunity, and the Court of Appeals affirmed. Looking to the facts of this case, the Court noted that defendant’s salary was paid by UT and that she was obligated by her job with UT to help provide coverage at Erlanger.

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