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.

Prima Facie Case 59

Prima Facie Case Tort Real Estate Statute 59

JayS.Rothman&Associates

MAY 17, 2023

These protections help safeguard employees against discrimination or retaliation which the law may not otherwise prohibit. What laws protect employees against associational discrimination? Protected Class Associational discrimination cases can be brought under various laws. 12112(b)(4).

Prima Facie Case 98

Prima Facie Case Cause of Action Legal Legal 98

Day on Torts

NOVEMBER 15, 2022

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. In Reiss v. Rock Creek Construction, Inc. , E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn.

Prima Facie Case 59

Prima Facie Case Tort Statute Construction 59

Patently O

DECEMBER 4, 2023

The court found that Dorel had established a prima facie case that Cozy’s founder, Dr. Arjuna Rajasingham, “manipulated the PTO into recognizing priority dates to which he was not entitled” and “relied on the advice of his counsel to perpetrate a fraud on the PTO.” quoting Mohawk Indus., Carpenter , 558 U.S. 100 (2009).

Prima Facie Case 48

Prima Facie Case Attorney Court Statute 48

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)

Court 40

Court Prima Facie Case Statute Cause of Action 40

Conflict of Laws

JUNE 11, 2023

The agreement was seemingly contrary to Chinese law, which may have contributed to the clandestine character of communications underlying the agreement; see [30]. As such, the court shall enter default judgment according to the law. … Here, the Chinese Judgment was assessed according to the common law principles.

Prima Facie Case 40

Prima Facie Case Court Laws Litigation 40