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.
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).
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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. months after oral arguments in this case. In Reiss v. Rock Creek Construction, Inc. ,
Patently O
NOVEMBER 29, 2023
by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. More detail on each case below: MacNeil v.
Patently O
MARCH 31, 2024
Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. In reality, the fact/law questions are so hard to disambiguate that we should call obviousness a mixed question of fact and law.
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).
Patently O
APRIL 22, 2021
Dmitry Karshtedt is an Associate Professor of Law at GW Law whose work I’ve followed for years. Below he introduces the core idea underlying his new article on nonobviousness forthcoming in the Iowa Law Review. Nonobviousness and Time. Dmitry Karshtedt. Let’s take one illustration. My answer is that there is no point.
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