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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.

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Australia High Court hears submissions on Cambridge Analytica data breaches

JURIST

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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AD4 PUT THEIR FOOTE DOWN

NewmanFerraraLLP

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?

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India high court grants interim relief to Bacardi against alleged trademark infringement

JURIST

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.

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Virtual Instructor Led Training (vILT): Writing Rejections

Patently O

” 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.”

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UK home secretary approves extradition of billionaire jeweler accused of defrauding bank to India

JURIST

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.

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

Day on Torts

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.

Tort 59
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Supreme Court affirms death penalty, with a Batson dissent

At the Lectern

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” ’.

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

JURIST

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.

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Legislature likes, clarifies Supreme Court interpretation of statute narrowing murder liability

At the Lectern

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.

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Death penalty affirmed despite prosecution’s inconsistent positions

At the Lectern

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.

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An incredible invention (incredible = not credible).

Patently O

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.

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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.”

Tort 59
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Supreme Court will decide easement, sentencing cases

At the Lectern

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.

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Supreme Court will hear challenges to PUC water rate decisions

At the Lectern

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.

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Hyatt v. Hirshfeld: A perfect storm that overwhelmed the PTO

Patently O

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.

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Voila! Let’s Arbitration! Blog Post-6: How to get interim relief in International Commercial Arbitration?

LexForti

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.

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Supreme Court will resolve conflict about co-tenancy leasing requirements (and about punctuation?)

At the Lectern

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.

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US Infringement for Failure to Monitor Seat License Fees

Patently O

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.

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Dismissal Based on Lack of Foreseeability Reversed.

Day on Torts

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.”

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Tenth Circuit Rules Against The University of Denver In Sex Discrimination Lawsuit

JonathanTurley

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.

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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). 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.

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Texas Supreme Court Rejects Defamation Claims of Pro-Choice Group

JonathanTurley

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.

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The advent of Trade Dress as a Concept & Law in India

LexForti

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.

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Guest Post by Prof. Dmitry Karshtedt: Nonobviousness and Time

Patently O

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.

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Can Trump Escape Accountability?  

The Crime Report

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.”.