Caselaw Roundup

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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

In the absence of some other relevant fact, it is not a breach of the duty of good faith in contractual relationships to take advantage of a reason of a termination provision in a contract, even where that reason ultimately proven invalid

A unilateral mistake or subjective misunderstanding of the contents, absent fraud or misrepresentation, should not be used to override an unambiguous written contract

A contract is formed when the parties have indicated to the outside world, in the form of the objective reasonable bystander, their intention to contract and the terms of such contract, and the surrounding circumstances may be considered

The interpretation of standard form contracts is an exception to the usual rule of deferential appellate review; in such cases the factual matrix is less relevant. But, modified standard form contracts may attract deferential standard.

Court of Appeal does not have jurisdiction to hear a summary conviction appeal under s. 830 of the Criminal Code

“Conciseness is not merely a pious wish: it is mandated.” Court of Appeal denies request for leave to file a longer factum

There is nothing in the Ontario PBA or the Family Law Act that the precludes a continuation of shared pension payments to the deceased non-member’s estate for the balance of the member spouse’s life

Section 31 of the Marriage Act can validate marriage ceremonies performed outside of Ontario and purely religious ceremonies where the parties took no steps to obtain a licence or register the marriage

The fact that some injuries suffered in serial accidents are indivisible does not mean that every injury is indivisible

The right to renew a lease on the same terms except for rental rate does not create an enforceable obligation other than an obligation on the landlord to negotiate in good faith

A genuinely held belief opposing government rules regarding vaccination could be a political belief within the meaning of the Human Rights Code

The Alberta Court of Queen’s Bench Recognizes the Tort of Public Disclosure of Private Facts after a man shared private, intimate photos of his former wife online – ES v Shillington, 2021 ABQB 739

A bonus policy was not sufficiently unambiguous to limit an employee’s entitlement to a bonus during the notice period, even where the contract requires the employee to be “actively employed”

The majority of the Supreme Court of Canada found a comedian’s routine about a youth with a disability was not discriminatory

In a 5-4 split, the Supreme Court of Canada has upheld Ontario’s Better Local Government Act, 2018, which reduced the size of Toronto City Council shortly before the October 22, 2018 municipal election

The fact that the responsible government authorities have concluded that the COVID-19 vaccination is safe and effective for children ages 12-17 indicates that it is in the best interest of an eligible child to be vaccinated

The BCCA awarded the wife retroactive spousal support despite a ten year delay between the parties’ separation and the adjudication of the claim of spousal support

Core policy analysis should be dealt with by a court hearing a negligence claim against a public authority when the claim falls into a category in which a duty of care has previously been established and two-stage Anns/Cooper analysis unnecessary

Federal Court of Appeal affirms finding that, based on German law, the loss of three containers stolen from a port terminal in Belgium had occurred during the road leg of a multimodal transport journey between Montreal and the Netherlands

Prospective litigation management may only occur where a litigant is engaged in persistent abusive conduct, and other litigant management steps have been unsuccessful