JURIST

JULY 28, 2021

The California Supreme Court held Monday that prisoners are entitled to a lawyer before a trial court can consider their record of conviction in determining whether the prisoners may challenge their murder convictions for killings committed by others. The new law in question was California Senate Bill No.

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Prima Facie Case Lawyer Lawyers Felony 197

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.

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Prima Facie Case Tort Real Estate Statute 59

Day on Torts

NOVEMBER 15, 2022

The Court of Appeals explained that although the TPPA is a relatively new statute, case law has established “two general conclusions” regarding the proper procedure when a motion to dismiss is filed thereunder. internal citations omitted). quoting Tenn. Code Ann. § 20-17-105(a)(b); additional citation omitted).

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Prima Facie Case Tort Statute Construction 59

Day on Torts

JANUARY 11, 2022

Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case of legal malpractice.” Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.

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Prima Facie Case Legal Legal Tort 59

Conflict of Laws

JANUARY 15, 2023

Leave to serve turned on three conditions: the court had subject matter jurisdiction, the claim was of a kind mentioned in the rules, and the party had a prima facie case for any or all of the relief claimed: FCR r 10.43(4). Private international law scholars may be less enthusiastic. The new FCR r 10.42(j)

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