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California Supreme Court: prisoners must get lawyer when challenging convictions for killings committed by others

JURIST

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.

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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

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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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

Second, if the court determines that the petitioning party has met such requirements of the statute, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action or if the petitioning party establishes a valid defense to the claims in the legal action.”

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Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.

Day on Torts

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.” BirdDog Law also provides Tennessee lawyers with free access to user-friendly versions of the Tennessee rules of evidence and procedure.

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New rules on service outside Australia for the Federal Court of Australia

Conflict of Laws

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). Doing away with the need to seek leave in advance will increase efficiency and save some costs.

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