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
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. quoting Tenn. Code Ann. § 20-17-105(a)(b); additional citation omitted).
Day on Torts
JANUARY 11, 2022
Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.
Patently O
DECEMBER 4, 2023
The court also cited federal statutes associated with fraud against the US: 18 U.S.C. §§ 371 (Conspiracy to commit offense or to defraud United States), 1001 (false statement to US). Quoting Clark v. United States , 289 U.S.
At the Lectern
OCTOBER 14, 2022
5th 1169 concerning 2021’s Assembly Bill 333 (see here ), but the opinion declined to resolve a split in Court of Appeal authority whether one part of the new law — Penal Code section 1109 , which requires an enhancement charge to be tried only after a jury finds the defendant guilty of the underlying offense — is retroactive.
SCOTUSBlog
JUNE 20, 2023
Share People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States.
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