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Supreme Court

Supreme Court to hear dispute over FDA rejection of flavored vapes

The Supreme Court will hear oral arguments on Monday in a dispute over the Food and Drug Administration’s rejection of two companies’ applications to sell flavored liquids for use in e-cigarettes. A federal appeals court in Louisiana set aside the FDA’s orders denying applications by Triton Distribution and Vapetasia, complaining that the agency had sent those companies and other makers of e-cigarette products “on a wild goose chase.”

The stakes in the case are high: Medical groups, including the … Read the rest

Supreme Court

Supreme Court to consider IRS’s claim on pre-bankruptcy tax payments

When someone makes a payment to a creditor shortly before filing for bankruptcy, the Bankruptcy Code requires the creditor to return the funds. But whether those same obligations apply to the Internal Revenue Service is less clear. On Monday, the justices will consider whether the IRS is protected by sovereign immuinity from the requirement to return funds from insolvent debtors that private creditors face.

The case, United States v. Miller, involves Section 544(b) of the Bankruptcy Code, which … Read the rest

Supreme Court

Court rejects bid for compensation over police raid damages to Texas woman’s home

The Supreme Court declined on Monday morning to hear the case of a Texas woman seeking compensation for damage to her home inflicted by a SWAT team pursuing a fugitive. The denial of review in Baker v. McKinney came on a list of orders from the justices’ private conference on Friday.

Justice Sonia Sotomayor, joined by Justice Neil Gorsuch, issued a statement regarding the court’s decision not to take up the case. She noted that the woman’s case presented … Read the rest

Supreme Court

Court grants challenge to FCC subsidies over nondelegation doctrine

The justices on Friday created the prospect of another major ruling on the role of administrative agencies and Congress’s ability to delegate power to those agencies. At the Biden administration’s request, the court agreed to review a ruling by the U.S. Court of Appeals for the 5th Circuit that invalidated parts of a program by the Federal Communications Commission to improve internet and phone services in underserved areas.

The court of appeals said that the program violated the Constitution … Read the rest

Supreme Court

Western Apache group calls on court to block approval of copper mine on sacred site

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.

Federal law limits the government’s ability to place a substantial burden on the free exercise of religion. Yet as long as Congress does not intentionally discriminate against a particular faith, the Supreme Court has permitted the legislative branch to manage internal government operations — for example, by allowing private development … Read the rest

Civil Law

COURT OF APPEAL SUMMARIES (NOVEMBER 11 – 15)

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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 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

… Read the rest

Supreme Court

Court declines RNC request to intervene in Pennsylvania voting dispute

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

Supreme Court

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

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