Prima Facie Case Related Topics 
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.
JURIST
MARCH 7, 2023
It further argued that it is “conjecture” that the cookies were used to gather the information pertaining to the case. As the case commenced in 2020, Facebook may be penalized under the previous regime.
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NewmanFerraraLLP
MARCH 15, 2023
After Ryan Foote filed a motor vehicle collision case with the Erie County Supreme Court, he claimed he moved for summary judgment -- seeking a pre-trial finding of negligence -- in his favor. DIDN'T PUT HIS BEST FOOTE FORWARD?
JURIST
NOVEMBER 13, 2021
Justice Hari Shankar the high court ruled that Bacardi made out a prima facie case for grant of interlocutory injunction on the basis of infringement of its registered trademark. ” The interim injunction will remain in force until the case is resolved.
Patently O
MAY 6, 2022
” How to establish a prima facie case. If you have time, I would recommend attending the USPTO’s Virtual Instructor Led Training (vILT). The training is great background for patent prosecutors because it is typically identical to what is provided to patent examiners. The Office is working through a multi-part course on how it examines 35 U.S.C. § 103 and the next 2-hour course is called Obviousness Part 2: “Writing Rejections.”
JURIST
APRIL 19, 2021
A spokesperson for the UK Home Office announced Friday that Home Secretary Priti Patel has approved the extradition of billionaire jeweler Nirav Modi to India, where he will face charges in connection with his alleged involvement in the Punjab National Bank (PNB) fraud case.
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. This two step analysis was not followed by the trial court in this case.
At the Lectern
JULY 1, 2021
The superior court ruled the defendant had not made even a prima facie case of discrimination and thus did not require the prosecutor to justify his challenge. The Supreme Court recognized that only a “ ‘low threshold’ showing” is needed to make a prima facie case and that “the racial identities at play [in the case] ‘ “raise[] heightened concerns about whether the prosecutor’s challenge” ’.
JURIST
JULY 28, 2021
This case originated in the trial court when the defendant Vince Lewis filed a petition, under a newly enacted law that took effect in January 2019, requesting counsel to challenge his murder conviction under that same law.
At the Lectern
SEPTEMBER 20, 2021
Lewis (2021) 11 Cal.5th 952, 961-970, regarding petitioners’ right to counsel and the standard for determining the existence of a prima facie case” and that it “[a]ddresses what evidence a court may consider at a resentencing hearing (clarifying the discussion in People v. By our count, there are 327 cases on the court’s docket holding for Lewis. (See It’s unclear whether SB 775 would affect those cases.
At the Lectern
AUGUST 25, 2022
The fact that the prosecution had interpreted the evidence differently in separate trials was not information that defendant was entitled to present in his case.” It said “the issue is close,” but concluded the defendant didn’t make a prima facie case of discrimination that would have required the prosecutor to justify the challenges The Supreme Court today affirmed the death sentence in People v.
Patently O
MARCH 29, 2021
This application as well as two others are pending in the case: Application No. In re Hu ( Fed. 2021 ). Huping Hu (PhD, JD) and his spouse Maoxin Wu (MD, PhD) have been working for many years to understand human consciousness and its relationship to quantum theory.
Day on Torts
JANUARY 11, 2022
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.”
At the Lectern
AUGUST 11, 2022
It said the case is one of first impression about “ exclusive implied easements” as opposed to “ prescriptive easements.” ” The dissent said that the sentencing decision “rested on multiple statements that were improper” and the appellate court “must reverse when, as is the case here, we ‘cannot determine whether the improper factor was determinative for the sentencing court.’ The two back-burnered cases are Sanchez v.
At the Lectern
MAY 19, 2022
Prudholme , a case which the Supreme Court un-held this past December. After a divided Fourth District, Division Three, summarily denied a writ petition, the Supreme Court granted review and sent the case back for a decision on the merits in Jenkins v. Pixley , but Justices Goodwin Liu and Leondra Kruger recorded votes to hear the case. cases have drawn an extended separate statement by Justice Liu (see here ) and dissenting votes for review (see here ) in the past.
Patently O
JUNE 1, 2021
The big difference today is that Hyatt’s 300+ cases are STILL PENDING. 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. This case involves four applications that were rejected by the examiners and the PTAB. c) judgment against the PTO – finding that it had failed to present a prima facie case of prosecution laches.
LexForti
JULY 17, 2021
Such measures are particularly varied and innovative as international trade practices continue to generate new kinds of remedies according to the needs of the parties to the dispute and to the increasing complexity of cases. In the recent case of Avantha holdings Limited v.
At the Lectern
OCTOBER 14, 2022
Burgos and limited briefing to: “Does the provision of Penal Code section 1109 governing the bifurcation at trial of gang enhancements from the substantive offense or offenses apply retroactively to cases that are not yet final?” ” Burgos was one of a number of cases waiting for a part of the August death penalty opinion in People v. In a dependency case, Justice Joshua Groban recorded a dissenting vote from the denial of review in In re K.R.
Patently O
FEBRUARY 25, 2021
The CFC agreed with Bitmanagement that it “had established a prima facie case of copyright infringement.” “Application of the preclusion rule was not warranted in this case for three primary reasons. Bitmanagement Software GmbH v. US , 20-1139 ( Fed.
Day on Torts
NOVEMBER 30, 2020
In cases involving the injury of a subcontractor employee, Tennessee courts “have looked to, among other things, the contracts governing the relationships between the landowners, prime contractors, and subcontractors to examine the scope of the parties’ respective duties.”
JonathanTurley
JULY 1, 2021
The case highlights many of the due process failures that have been discussed on this blog at universities. The court details the factual claims in the case. What I found most interesting about the case was the DU defense. ” The case is Doe v.
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). First, in most cases, leave is not required before service, provided that the case comes within the scope of (new) defined grounds of direct jurisdiction: FCR r 10.42.
JonathanTurley
FEBRUARY 26, 2023
The underlying cases stem from an intense political fight over an ordinance passed by the city council in Waskom, Texas. That was not the case with the Dallas County case. The court of appeals decision, in my view, is wildly off-base with existing free speech doctrines and cases.
LexForti
JUNE 10, 2021
Case Analysis. ” Thus, there is no prima facie case for said application and dismissed the suit. Likewise, in the case of Merwans Confectioners Pvt. In this case, both Plaintiff and Defendant happen to be engaged in the business of selling shoes.
Patently O
APRIL 22, 2021
Samsung decision in 2016 and the never-ending debate over whether secondary considerations are best treated as rebuttal evidence to a prima facie case of obviousness based on the prior art, or whether all obviousness evidence should be analyzed holistically and at once. John Deere , in which the Supreme Court was grasping for some kind of a label for non-prior art evidence in § 103 cases.
The Crime Report
JULY 13, 2022
Regarding the projector-in-chief, whenever Trump has accused others of doing something to him, it has usually been a case of “the pot calling the kettle black.”.
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