The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more
7/16/2024
/ AL Supreme Court ,
Arbitration Agreements ,
Class Action ,
Credit Reporting Agencies ,
Creditors ,
Debt Collection ,
Eviction ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
Foreclosure ,
Foreclosure Sales ,
IRS ,
Mortgages ,
Motion to Exclude ,
National Bank Act ,
Open-Ended Lines of Credit ,
SCOTUS ,
TCPA ,
Truth in Lending Act (TILA)
In an important decision regarding the size and potential scope of a putative class, the United States District Court for the Southern District of Ohio recently granted a defendant’s motion to exclude from a class action all...more
On May 7, 2024, the United States District Court for the District of New Jersey issued a decision holding that the use by a debt collector of the Model Form validation notice under Regulation F does not guarantee compliance...more
Mass arbitration is a recent phenomenon created by enterprising plaintiffs as a direct result of a string of Supreme Court decisions that endorsed the use of class action waivers in arbitration agreements and precluded...more
Conditions Precedent-
In this appeal, the Eighth Appellate Court affirmed in part the trial court’s determination that Defendant breached its contract with Plaintiff disagreeing with Defendant-appellant that Plaintiff failed...more
1/29/2024
/ Appellate Courts ,
Arbitration Agreements ,
Breach of Contract ,
Class Action ,
Class Certification ,
Commercial Arbitration ,
Commercial Contracts ,
Commercial Litigation ,
Counterclaims ,
Equitable Estoppel ,
Forfeiture ,
Lack of Jurisdiction ,
Lien Release ,
Motion to Dismiss ,
Non-Signatories ,
Summary Judgment
On January 2, 2024, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief in the case of Carrasquillo v. CICA Collection Agency, Inc. where it argued that knowledge (i.e. “scienter”) of a violation of the Fair...more
Unjust Enrichment-
CPC Parts Delivery, LLC v. Ohio Bureau of Workers’ Comp., Tenth Appellate District Franklin County (Ohio Ct. App. 2024)
In this appeal, the Tenth Appellate Court in Franklin County affirmed in part the...more
1/17/2024
/ Breach of Contract ,
Class Action ,
Land Titles ,
Long Arm Statute ,
Mortgage Lenders ,
Personal Property ,
Release Agreements ,
Replevin ,
Settlement Agreements ,
Summary Judgment ,
Unjust Enrichment ,
Workers’ Compensation
Fraudulent Transfer-
Leonard Holdings, Inc. v. Rohaley, 11th District Lake County, 2023-Ohio-4096-
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant’s motion for...more
12/5/2023
/ Attorney's Fees ,
Burden of Proof ,
Class Action ,
Creditors ,
Debtors ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Foreclosure ,
Forum Selection ,
Fraudulent Transfers ,
Motion for Summary Judgment ,
Unclean Hands ,
Unjust Enrichment
Cincinnati v. PE Alms Hill Realty, LLC, 1st Dist. Hamilton, 2023-Ohio-2784. In this appeal, the First Appellate District affirmed the trial court’s decision to grant commercial lenders summary judgment on their breach of...more
8/21/2023
/ Appeals ,
Appellate Courts ,
Arbitration Agreements ,
Business Records Exception ,
Class Action ,
Commercial Leases ,
Duty to Mitigate ,
Economic Loss Doctrine ,
Fiduciary Duty ,
Guaranty Claims ,
Motion to Compel ,
Negligence ,
Personal Liability ,
Unconscionable Contracts
Vacating an Arbitration Award-
The Bullet Point: Ohio’s Arbitration Act strongly favors arbitration. Because of this, Ohio’s Arbitration Act limits the jurisdiction of a court once an arbitration has been conducted. It also...more
8/1/2023
/ Arbitrary and Capricious ,
Arbitration Awards ,
Class Action ,
Construction Liens ,
Contract Interpretation ,
Contract Terms ,
Creditors ,
Death Certificates ,
Estate Claims ,
Executors ,
Injury-in-Fact ,
Intrusion Upon Seclusion ,
Property Improvements ,
Standing ,
TCPA ,
Telemarketing ,
Text Messages
Part Two of our series on junk fees highlights recent regulatory, enforcement, and private action trends. Not only has the CFPB and FTC issued proposed rulemaking and guidance warnings against certain types of fee practices,...more
7/28/2023
/ Add-ons ,
Class Action ,
Consumer Financial Protection Bureau (CFPB) ,
Credit Cards ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
OCC ,
Overdraft Fees ,
Proposed Guidance ,
Rewards Programs ,
Termination Fees
Standing-
Dickson v. Direct Energy, LP, 6th Cir. Case No. 22-3394.
In this putative class action, the appellant appealed the district court’s decision to dismiss his Telephone Consumer Protection Act (TCPA) claim for...more
7/12/2023
/ Article III ,
Assignment of Benefits (AOB) ,
Breach of Contract ,
Class Action ,
Commercial Insurance Policies ,
Commercial Litigation ,
Damages ,
Demand Letter ,
Fraud ,
Non-Compete Agreements ,
Punitive Damages ,
Standing ,
TCPA ,
Theft ,
Trade Secrets ,
Willful Misconduct
The Lanham Act-
Lewis v. Acuity Real Estate Services, 6th Cir. 22-1406-
In this appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision dismissing the complaint under the Lanham Act because such a...more
4/21/2023
/ Article III ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Damages ,
Established Business Relationship ,
False Advertising ,
Lanham Act ,
Punitive Damages ,
Standing ,
Statutory Interpretation ,
Tortious Interference ,
Unfair Competition ,
Unjust Enrichment
Substantial Compliance with Contract-
American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739.
In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more
4/3/2023
/ Article III ,
Breach of Contract ,
Change of Ownership ,
Class Action ,
Class Certification ,
Debt Collectors ,
FDCPA ,
Federal Rules of Civil Procedure ,
Invasion of Privacy ,
Limited Liability Company (LLC) ,
Mutuality ,
Remedies ,
Summary Judgment
Ohio-
Uniform Trade Secrets Act Sal’s Heating & Cooling, Inc. v. Bers Acquisition Co., 8th Dist. Cuyahoga No. 110685, 2022-Ohio-1756-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision,...more
6/13/2022
/ Adobe ,
AT&T ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Credit Unions ,
De Facto Injury ,
Declaratory Relief ,
E-Signatures ,
Fiduciary Duty ,
Financial Institutions ,
Investment ,
Landlords ,
Leases ,
Misappropriation ,
OH Supreme Court ,
Overdraft Fees ,
Portfolio Companies ,
Rebuttable Presumptions ,
Res Judicata ,
Trade Secrets ,
Unfair or Deceptive Trade Practices ,
Uniform Trade Secrets Acts