COURT OF APPEAL SUMMARIES (NOVEMBER 11 – 15)

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Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 11, 2024. There were only two substantive decisions.

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Krieser v Seligman was a dispute regarding the construction of a $ 5 million home in Forest Hill that began in 2003 but did not get to trial until 20 years later. The owners were unsuccessful

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Court declines RNC request to intervene in Pennsylvania voting dispute

Court declines RNC request to intervene in Pennsylvania voting dispute

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The Supreme Court on Friday night left in place a ruling by Pennsylvania’s highest court that requires election boards in the state to count provisional ballots submitted by voters whose mail-in ballots had been deemed invalid.

The brief unsigned order came just four days before election day. Recent polls show former President Donald Trump and Vice President Kamala Harris tied in Pennsylvania, which both candidates regard as a key part of their hopes of winning the White House. The … Read the rest

Republicans ask Supreme Court to block decision to count Pennsylvania provisional ballots

Republicans ask Supreme Court to block decision to count Pennsylvania provisional ballots

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The Republican National Committee and the Republican Party of Pennsylvania came to the Supreme Court on Monday, asking the justices to block a ruling by Pennsylvania’s highest court requiring election boards to count provisional ballots submitted by voters whose mail-in ballots had been deemed invalid.

The RNC and the Pennsylvania Republicans argue that the state supreme court had “dramatically change[d] the rules governing mail voting.” And in so doing, they contend, the state court had violated the U.S. Constitution … Read the rest

Supreme Court schedules transgender rights case for December

Supreme Court schedules transgender rights case for December

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The Supreme Court’s December argument session will feature the challenge to Tennessee’s ban on puberty blockers and hormone therapy for transgender minors, as well as a case by survivors of the Hungarian Holocaust seeking compensation for the seizure of the property by the Hungarian government and a dispute over the Food and Drug Administration’s efforts to bar flavored e-cigarettes that are likely to appeal to young people.

The court on Friday released the calendar for the December argument session, … Read the rest

Supreme Court considers truck driver’s RICO case over CBD product that cost him his job  

Supreme Court considers truck driver’s RICO case over CBD product that cost him his job  

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The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana,  caused him to fail a routine drug test. Douglas Horn sued the maker of the CBD product he took for chronic pain under federal racketeering law for economic harm.

But the companies that manufacture the product told the justices on Tuesday that because Horn’s … Read the rest

Supreme Court divided over disputed civil rights attorney’s fees

Supreme Court divided over disputed civil rights attorney’s fees

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The justices on Tuesday were divided over a dispute regarding attorney’s fees for plaintiffs in civil rights cases. A federal appeals court in Richmond, Va., ruled that a group of drivers challenging a state motor vehicle law was entitled to reimbursement of their attorney’s fees because a federal district court had issued an order that temporarily barred the state from enforcing the law – and then the Virginia legislature repealed the law. During roughly 80 minutes of oral argument … Read the rest

Supreme Court to decide if Oklahoma must execute Richard Glossip

Supreme Court to decide if Oklahoma must execute Richard Glossip

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Twice in the past decade the Supreme Court has blocked Oklahoma from executing Richard Glossip. Now the state has joined Glossip to argue that newly uncovered evidence shows prosecutors violated his rights at trial. But even with the Oklahoma’s rare confession of error, both the state’s highest court for criminal cases and the state’s pardon and parole board turned down Glossip’s pleas for relief. On Oct. 9, two former U.S. solicitors general – Seth Waxman, representing Glossip, and Paul … Read the rest

Supreme Court declines to block EPA methane, mercury rules

Supreme Court declines to block EPA methane, mercury rules

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The Supreme Court on Friday turned down a request from Republican-led states and industry groups to block a rule from the Environmental Protection Agency that imposes more stringent standards on emissions of hazardous air pollutants from coal-fired power plants. At the same time, the justices turned down a similar request from Oklahoma and industry groups to block an EPA rule that seeks to regulate emissions of methane, a powerful greenhouse gas, from crude-oil and natural gas facilities.  

Friday’s … Read the rest