COURT OF APPEAL SUMMARIES (JUNE 3 – June 7)

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Good afternoon.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 3, 2024.

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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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Switching Data – A Potent Tonic for Obtaining CMA Clearance at Phase 1

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

Nonprofit Resources of the Week – 6/2/24

Stay informed of the week’s notable events and shared resources with this curated list of Nonprofit Resources of the Week.

Notable Nonprofit Posts, Articles, & Other Resources:

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

Michigan AG Solicits Attorney Help for Climate Change Litigation

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

What Do Plaintiffs’ Lawyers’ Pre-Filing Press Releases Signify?

One of the procedural innovations the PSLRA introduced was the requirement that plaintiffs’ counsel who file a securities class action lawsuit complaint must issue a press release announcing the complaint’s filing and notifying prospective class members of the opportunity to seek to become lead plaintiff. Plaintiffs’ lawyers quickly realized the potential publicity value for them from this exercise. Over time, related practices have developed, including the now commonplace practice in which plaintiffs’ lawyers issue a press release before they have … Read the rest

Company refuses to recall apricot products despite FDA warning of possible cyanide poisoning

The FDA is warning consumers against consuming Apricot Power products because of the presence of the toxic compound amygdalin, which can lead to cyanide poisoning.

Following receipt of a complaint and sample results, the Food and Drug Administration notified Apricot Power of the results and initial concerns. On May 8, the firm declined to recall the products. Upon additional assessment of the findings, the FDA held a follow up call with the firm to share the risks associated with these … Read the rest

EU AI Act Is Now Adopted

On May 21, 2024, the Council of the European Union (the Council) formally signed off on the latest draft of the European Union’s (EU) Artificial Intelligence Act (AI Act) (see the press release here). This marks the final seal of approval from the EU legislators. The text will officially become law once it is signed by Presidents of the European Parliament and of the Council and published in the Official Journal of the EU. This could take place within the next … Read the rest

Some Resources & Updates Relating to Genetic Testing for Paternity

We have written a couple of times about the 23&Me phenomenon and the chance that those who enter this unknown world come back not just surprised but possibly creeped out by their quest for ancestral knowledge. USA Today published on this recently and cited a 2022 study by Baylor University of 23,000 people who “took the test” related to their parentage. That study was published in the American Journal of Human Genetics in 2022. It found that 3% learned that … Read the rest