Caselaw Roundup

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Audiovisual recordings of live concerts are not covered by the Copyright Act’s section 115 compulsory licenses

The ecclesiastical abstention doctrine prevents courts from adjudicating claims that a church failed to follow its own canonical rules and internal affairs policies

Attorney’s fees will only be granted to a prevailing party if the parties’ intention to waive the benefit of the American Rule is unmistakably clear

A post-nuptial agreement with a $7 million penalty provision that was triggered if the husband committed adultery was enforceable

The Second District Court of Appeal misapplied contract law when it held that a binding settlement agreement was not formed pursuant to Fla. Stat. § 768.79

The actions taken by a corporate entity during an earlier period of administrative dissolution are legitimized after reinstatement under D.C. Code § 29-106.03(d)

The Delaware Vote-by-Mail and Same-Day Registration statutes violate the Delaware Constitution

Slander of title under Conn. Gen. Stat. § 47-33j was not shown where the claimant acted on a mistaken legal theory

Ownership of two adjoining properties does not necessarily extinguish an easement benefitting one of the properties and encumbering the other

A 998 offer to settle cannot be accepted after summary judgment has been granted in the opposing party’s favor

The constitutionality of Texas HB 20, which restricts social media platforms from moderating content, is upheld

Insurer has no duty to defend Western Union in connection with the downing of Malaysia Airlines Flight 17 due to policy exclusions for “war” and “financial services”

A Texas trial court erred when it ordered arbitration under religious law per the terms of the parties’ prenuptial agreement without first deciding whether the agreement was enforceable

A housing complex’s shared bathroom may be part of the defendant’s dwelling for the purposes of self-defense

Baltimore court vacates conviction of Adnan Syed, subject of the hit podcast “Serial”

No personal jurisdiction in Florida over a foreign corporation that supplied a Florida business with a defective product

Where a “battered spouse” claims self-defense, the trial court should give jury instructions on the effect that intimate-partner violence can have on reasonable perceptions of danger

Stockholders’ derivative claims against directors of a software company for failure to oversee cybersecurity were not viable

In a defamation case, statements made during a public hearing on a special permit application were not entitled to absolute immunity

A representative plaintiff plausibly alleged false advertising claims based on his mistaken belief that Target’s “White Baking Morsels” had white chocolate in them

A taxpayer can sue the IRS for acquiring their personal financial information through a third-party summons process

U.S. district court in Texas grants preliminary injunction barring the enforcement of federal EMTALA guidance regarding emergency abortions

Texas’ statutory scheme violates the Second Amendment to the extent that it prohibits law-abiding 18-to-20-year-olds from carrying handguns for self-defense outside the home

Where a contractual provision is unenforceable and there is no severability clause, the entire agreement is unenforceable

One of the Beltway snipers, who was sentenced to six terms of life without parole for crimes he committed as a juvenile, must be resentenced

En banc reconsideration will be denied when there is a tie in the votes to grant en banc reconsideration

Memo urging AG Barr to conclude that President Trump did not obstruct justice in the 2016 presidential election is not protected by the deliberative process privilege because the DOJ never considered charging him

The First Amendment barred claims for defamation and tortious interference with contract against a defendant who, in an email to the plaintiff’s employer, described a lawsuit filed by the plaintiff as “shockingly racist”

Governmental immunity did not bar a negligence claim against a police officer who injured the plaintiff while driving an unmarked police car during a surveillance operation

“Place of public accommodation” in the ADA does not include retail websites without any connection to a physical space

The alter ego doctrine may be applied to government entities where the facts justify an equitable finding of liability

California violated the Indian Gaming Regulatory Act (“IGRA”) by demanding tribal enforcement of state family law, environmental law, and tort law in the parties’ negotiations for compacts for the tribes to conduct Class III gaming

Netflix awarded attorney fees after plaintiff forum shops in patent lawsuit

Political satire for the win - dismissal of Judge Roy Moore’s lawsuit against Sacha Baron Cohen’s show Who is America is upheld

Anticipatory search warrants are permitted under Texas law

The New York Appellate Division, Third Department, affirmed a variance for a workers’ compensation claimant to receive medical marijuana treatment

The loss of chance doctrine is not recognized in Maryland wrongful death actions

The District of Columbia Court of Appeals reverses and remands the Compensation Review Board’s decision that the 500-week cap for workers’ compensation benefits applies in the aggregate

Nurse not entitled to whistleblower protection for reporting concerns about suspected active tuberculosis cases

The Delaware Supreme Court found it was reasonably conceivable that GGP’s directors breached their fiduciary duty of loyalty by providing materially misleading disclosures to stockholders in a merger transaction

An arrest warrant was executed without unreasonable delay even though it was not executed until nearly 16 years after its issuance

The limitation period for a legal malpractice action runs from the time the client actually has or reasonably should have no expectation that the attorney will provide further legal services

SCOTUS holds that the State of New York’s “proper cause” licensing regime for openly carried handguns violates the Constitution

SCOTUS holds that there is no Constitutional right to obtain an abortion; thus, states may restrict or prohibit abortions

SCOTUS holds that an employer is entitled to enforce an arbitration agreement with respect to an employee’s individual Private Attorneys General Act claims for Labor Code violations that the employee suffered

SCOTUS rules that Maine law limiting the state’s tuition assistance program to “nonsectarian” schools is unconstitutional

Happy the elephant is not a “person” and therefore is not entitled to habeas corpus relief

Non-expert witnesses may testify about smartphone location tracking features

A school did not have third-party standing to sue protesters who interfered with the school’s students and parents

Dominion Voting Systems’ adequately stated a claim for defamation per se against Fox Corporation

Failure to report adverse events of medical products to the FDA can give rise to a cause of action for failure to warn

Administrative remedies set out by the California Public Utilities Commission must obey the Public Records Act

R. v. J.F., 2022 SCC 17 (CanLII)

Forrest v. Aerin, 2022 BCCA 184 (CanLII)

Brady v. Fitzpatrick, 2022 ONSC 2380 (CanLII)

Dent-X Canada v. Houde, 2022 ONCA 414 (CanLII)

Barendregt v. Grebliunas, 2022 SCC 22 (CanLII)

Echelon Environmental Inc. v. Glassdoor Inc., 2022 ONCA 391

Reference re Impact Assessment Act, 2022 ABCA 165 (CanLII)

Barsoski Estate v. Wesley, 2022 ONCA 399

Mansour v. Rampersad, 2022 ABCA 173 (CanLII)

Anthem Crestpoint Tillicum Holdings Ltd. v. Hudson’s Bay Company ULC Compagnie de la Baie D’Hudson SRI, 2022 BCCA 166 (CanLII)

SCOTUS holds that a federal habeas court may not consider evidence beyond the state court record on the basis that a prisoner’s post-conviction counsel negligently failed to develop the state court record

The Second Circuit rules that Interpol is immune from suit in the United States

Enforcement of New York’s unauthorized practice of law statutes enjoined as against a non-profit organization assisting low-income New Yorkers

SCOTUS rules that the right to enforce an arbitration agreement does not require a showing of prejudice

Medical professional policyholders (not their employers who paid the policy premiums) are entitled to a cash payout when their mutual insurance company demutualizes

Details of a criminal defendant’s prior sexually assaultive behavior were properly admitted into evidence under the new CJ § 10-923

A bus operator’s injuries arose out of and in the course of her employment for the purposes of workers’ compensation when she fell and injured herself while walking back to her car at the end of her shift

Innocent downstream investors in a stranger-originated life insurance policy who are sued to recover the proceeds of the policy cannot assert certain defenses under the UCC

Broad, written informed consent for a medical procedure can be negated by an oral conversation at the time the consent is signed

Los Angeles trial court declares California law requiring publicly held corporations to have female directors on their boards unconstitutional

Elon Musk’s agreement with the SEC requiring him to get approval for his tweets about Tesla from Tesla’s in-house counsel does not violate his freedom of speech

Febreze successful in dismissing copyright suit regarding commercial jingle… for now

A plaintiff pursuing a Fourth Amendment malicious prosecution claim is not required to show that their prosecution ended with an affirmative finding of innocence

New York Court of Appeals clarifies the requirements for demonstrating causation in toxic tort cases

The crime of robbery cannot be established by non-violent threats

Candidates for Attorney General in the District of Columbia must have been employed as an attorney under D.C. Code § l-301.83(a)(5)

Sovereign immunity does not bar a failure-to-warn suit against the Washington Metropolitan Area Transit Authority

GEICO’s use of automated rules to deny or reduce payments to policyholders under personal injury protection insurance policies did not breach the insurance contract or violate applicable state law

Housing discrimination doesn’t need to be explicit to qualify as discrimination

Conservatees are similarly situated with not guilty by reason of insanity involuntary commitments for the purposes of the right against compelled testimony

In ordering a blood test pursuant to s. 48(1) of the CLA 1997 to determine the issue of paternity, the Court should consider whether it is in the best interests of the child to know their parentage

The definition of “habitually resides” from the Children’s Law Reform Act should be used to interpret the phrase in the Family Law Act, Family Law Rules, and the Divorce Act

Premature Pleadings Amendment Motions May Get Adjourned

McKinley and Tymko are Key In Safety-Related Wrongful Termination Cases

Federal Court did not err in choosing certification questions for class proceedings claiming damages for unconstitutional legislation

Employee terminated without cause after almost 40 years with the employer

School boards invoke rent abatement clause due to COVID-19 pandemic lockdowns

The Supreme Court of Canada considers the approach to an application for advance costs

$10,000,000 fine for Maple Syrup Thief

Identity of good vs quality and exclusion of the Sale of Goods act

A jury should consist only of those who have been fully vaccinated against COVID-19

The Warehouseman’s Lien Act creates a possessory lien where a dog owner transfers his or her dog(s) to the owner of a kennel

Section 2(b) of the Charter does not apply to personalized license plates

The only valid cause of action alleged was breach of contract. For such a highly individualized issue, a class proceeding was not the preferable procedure

A clarified test for the Chief of Police to order a hearing under s. 45(3) of the Police Act

The Discipline Panel of the Law Society of Manitoba did not err in finding that the lawyer’s conduct was so uncivil such that it amounted to professional misconduct

An unexecuted will was admitted to probate after the testator cancelled her appointment to execute the will due to the COVID-19 pandemic. The unexecuted will was found to be authentic and the embodiment of the deceased’s testamentary intentions

The imputation of income under s. 19(1) of the Guidelines should be grounded in the principle of determining a fair and reasonable income based on the evidence