COURT OF APPEAL SUMMARIES (JANUARY 17-21, 2022)

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Good evening.

Following are this week’s summaries of the civil decisions of the Ontario Court of Appeal for the week of January 17, 2022.

In Walters v. Walters, a wills and estates case, the Court provided a helpful summary of the jurisprudence regarding the requirement of trustees to give effect to a testator’s intentions as ascertained from the language of the will and the surrounding circumstances, including … Read the rest

Majority turns down request to send Texas abortion litigation back to federal district court

Majority turns down request to send Texas abortion litigation back to federal district court

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The Supreme Court on Thursday afternoon rejected abortion providers’ request to order a federal appeals court to send their challenge to a Texas law banning almost all abortions in the state promptly back to the friendlier confines of a federal district court in that state. The providers argued that failing to do so would “derail indefinitely the timely resolution of the merits of the case” and “compound the ongoing harm to pregnant Texans under” the law, which has been … Read the rest

At-Home COVID-19 Testing Options and Alternatives

In fulfillment of President Biden’s promise to make at-home COVID tests more available for all of us, two significant action steps have now occurred:

  1. Every U.S. household has access to free at-home COVID-19 tests. As of January 18, 2022, any individual with a residence in the United States may request up to four (4) at-home COVID test kits.  There is no cost to register or for the kits themselves.
  1. At-home COVID-19 testing is available at no cost without a prescription
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Over Gorsuch dissent, justices deny review in dispute over definition of “minister” for tax-exemption purposes

Over Gorsuch dissent, justices deny review in dispute over definition of “minister” for tax-exemption purposes

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After adding five cases to its merits docket for the spring on Friday, the Supreme Court on Tuesday morning issued more orders from the justices’ private conference last week. As expected, the justices did not grant any new cases. Perhaps most notably, they once again did not act on a pair of petitions challenging the consideration of race in the undergraduate admissions process at Harvard University and the University of North Carolina, nor did they act on a petition … Read the rest

A quest to reclaim a Pissarro masterpiece hinges on the Erie doctrine

A quest to reclaim a Pissarro masterpiece hinges on the <em>Erie</em> doctrine

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At the beginning of World War II, the heir of a prominent German Jewish art collector was forced to surrender her family’s Camille Pissarro painting to the Nazis. Her heirs have been litigating for more than 15 years over rights to the painting, an Impressionist masterpiece once thought to be lost. Whether they will succeed depends on how the Supreme Court decides a very technical question: Must a federal court hearing state law claims brought under the Foreign Sovereign Immunities … Read the rest

Earnings season is here

 From CNN:

https://www.cnn.com/2022/01/14/investing/premarket-stocks-trading/index.html

Tech stocks have been plunging as Wall Street obsesses over the Federal Reserve’s next moves and how aggressively it will hike borrowing costs over the next 12 months to rein in inflation.

But attention could soon shift elsewhere as corporate earnings season arrives, delivering a distraction from the economy and the unknowns that lie ahead.
What’s happening: S&P 500 earnings are expected to have increased by 22.4% compared to the previous year during the final three months of 2021,
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Reductions on deductions and state courts on out-of-state businesses

Reductions on deductions and state courts on out-of-state businesses

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This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether a 2017 law’s cap of $ 10,000 for the deduction for state and local taxes on federal income returns violates the Constitution by coercing states’ tax policies, and whether state courts can exercise jurisdiction over out-of-state businesses on the basis of their registration as foreign corporations.

The 2017 cap on the federal tax deduction for state and local taxes

New York v. Read the rest