U.S. Courts News Reporter
Good afternoon.
Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 3, 2024.
In RH20 North America Inc. v. Bergmann, the Court upheld the motion judge’s decision striking claims on the basis that they disclosed no reasonable cause of action, and refusing to stay the claim in favour of arbitration. The party moving to
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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.
The Supreme Court worked through two thirds of last week’s new relists, though with very different results. The court granted review in Delligatti v. United States, meaning that the court will be making yet another foray into the “categorical approach” to determining whether prior convictions are “crimes of violence” for sentencing purposes. … Read the rest
Customer switching data is an important factor that the Competition and Markets Authority (CMA) considers when assessing the closeness of competition of merging parties. However, as the completed acquisition by Pharmacy2U Limited (Pharmacy2U) of Lloyds Direct demonstrates, switching data can also be determinative when it comes to market definition.
Pharmacy2U is a Distance Selling Pharmacy (DSP) that supplies prescription-only medicines (POMs) in England. POMs are pharmaceutical drugs that require a prescription and … Read the rest
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The Petitions of the Week column highlights some of the cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Last January, the Supreme Court refused to disturb an order by the U.S. Court of Appeals for the 2nd Circuit that temporarily allowed New York to enforce a new concealed-carry law while multiple challenges to the law proceed. Justice Samuel Alito, joined by Justice Clarence Thomas, wrote separately that the … Read the rest
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Justice Brett Kavanaugh’s opinion for a unanimous court Thursday in Cantero v. Bank of America will not be one for the casebooks or treatises, as it says almost nothing about how the lower court is supposed to reconcile provisions of the National Bank Act that protect national banks with a New York statute requiring all banks (including national banks) to pay interest on the escrow accounts they hold for their mortgage customers.
The difficulty arises because amendments to the … Read the rest
Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Resources of the Week.
A New Chapter in BoardSource’s Evolution: A Shift Towards Community (Monika Kalra Varma, BoardSource) [Ed. Disclosure: I’m a board member of BoardSource and very grateful and impressed with the entire team for developing and adopting this new theory of change and shift towards community engagement.]
New Bills Raise Concerns for Philanthropy … Read the rest
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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.
The Supreme Court cleared out quite a bit of its backlog of relisted cases at last week’s conference. For starters, it granted review in City and County of San Francisco v. Environmental Protection Agency, concerning how specific Clean Water Act pollutant discharge permits have to be. But the court denied review in … Read the rest
In recent months, much of the discussion of ESG issues has focused on the impact of the ESG backlash. However, the predominance of the backlash movement in the current ESG discussion does not mean that interest in addressing ESG-related concerns has disappeared; in certain circles at least, ESG concerns remain on the agenda. The most interesting recent development along these lines is the May 9, 2024, issuance of a Request for Proposals (RFP) by the Michigan Department of Attorney General, … Read the rest