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

JayS.Rothman&Associates

MAY 17, 2023

Protected Class Associational discrimination cases can be brought under various laws. Where the statute doesn’t directly prohibit associational retaliation, courts have also given broad interpretations that favor protection for the associates of whistleblowers. What laws protect employees against associational discrimination?

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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.

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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).

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Prima Facie Case Attorney Court Statute 49

Patently O

JUNE 1, 2021

From 2003-2012, the PTO stopped examining Hyatt’s applications pending litigation in a couple of the cases that culminated in the Supreme Court’s decision in Kappos v. 52(c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches. Hyatt , 566 U.S.

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Prima Facie Case Court Statute Litigation 91

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

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Court Prima Facie Case Statute Laws 40

Conflict of Laws

JUNE 11, 2023

Yin’s evidence raised a prima facie case that he had been denied natural justice in the Chinese proceedings: [91]. The Australian court considered a forum statute that would give effect to foreign decrees if they would be recognised under the law of the domicile. The husband obtained a decree of divorce in the US.

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Prima Facie Case Court Laws Litigation 40