Caselaw Roundup

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Under the FCRA, credit reporting agencies are not responsible for potentially inaccurate reporting that turns on a legal dispute

Ninth Circuit Court of Appeals affirms a defendant’s robbery convictions where one of the jurors participated remotely via Zoom

Police interrogation of a probationer at the probation office was not a custodial interrogation for the purposes of Miranda

Former Tesla employees can seek a public injunction under FEHA despite being subject to arbitration agreements

Whether “hard seltzer” is “beer” is a genuine issue of fact that precludes summary judgment

The Second Circuit Court of Appeals affirmed the dismissal of a case brought by four Connecticut cisgender high school girls challenging the state’s trans-inclusive sports policy

Travis County does not have jurisdiction to decide habeas applications filed by migrants who were arrested in Kinney County

The general principle that the NYC HRL must be construed broadly in favor of plaintiffs is not a substitute for evidence

Presence of COVID-19 virus in the air does not trigger insurance coverage under a policy for “all risks of physical loss or damage”

The constitutional residency requirement for judges attaches at the time of appointment, not the time of nomination

The three steps of the process for a third party to obtain custody of a child are distinct and sequential

The defense of laches is fact-intensive and was not amenable to judgment on the pleadings where the accrual date of the claim was unclear from the pleadings

Claims of unjust enrichment are not subject to statutory limitation periods

Scott Peterson denied new murder trial despite juror’s failure to disclose that she obtained a restraining order while pregnant

Biden’s student loan forgiveness program ruled unconstitutional

The CDC’s COVID-19 policy of prohibiting the introduction of covered non-citizens into the United States along U.S. land and adjacent coastal borders was arbitrary and capricious

Texas Supreme Court overturns lower court’s periodic payment award structure due to non-compliance with statute

Police do not owe a special duty to victims of domestic violence who hold an order of protection

Mother who was convicted of murdering her child’s father showed a material change of circumstances and good cause to award custody of the child to her; however, the child’s grandmother was a de facto parent

Police officer who responded to Parkland shooter is eligible for workers’ compensation for PTSD

D.C.’s practice of upholding traffic citations enforcing the default speed limit when the posted speed limit was illegible was not a reasonable interpretation of pertinent traffic regulations

Doctors’ participation in medical conferences breached the non-compete provisions in their employment and partnership agreements

Employee terminated after using medical marijuana in violation of “last chance” agreement is entitled to unemployment benefits

Under Conn. Gen. Stat. § 46b-37(b)(3), a wife was liable for back rent for a lease agreement that was signed only by her husband

Failure to use a party’s preferred pronouns offends the administration of justice; however, in this case, any misconduct was not prejudicial

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