On May 16, 2024, the Supreme Court unanimously held that when a district court compels claims to arbitration and a party has requested a stay under section 3 of the Federal Arbitration Act (FAA), the district court is...more
5/17/2024
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Dismissals ,
Federal Arbitration Act ,
Franchises ,
Judicial Proceedings ,
Mandatory Arbitration ,
SCOTUS ,
Smith v Spizzirri ,
Stays
In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more
On April 24, 2024, the Consumer Financial Protection Bureau (CFPB) released the latest edition of its Supervisory Highlights, this time targeting so-called “junk fees” in the mortgage servicing industry. According to the...more
On April 24, 2024, President Biden signed a sweeping foreign aid package into law. Tucked into the law is a slightly amended version of the “Protecting Americans from Foreign Adversary Controlled Applications Act” (the Act),...more
On April 12, 2024, the Supreme Court issued its decision in Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. __ (2024). It unanimously held that the exception to arbitration under Section 1 of the Federal Arbitration...more
On March 13, 2024, the U.S. House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) in a bipartisan vote, which would require the popular social media site TikTok...more
3/21/2024
/ Autonomy ,
China ,
Data Security ,
First Amendment ,
Foreign Adversaries ,
Free Speech ,
Mobile Apps ,
National Security ,
Social Media ,
TikTok ,
Trump Administration
On March 8, 2024, the Consumer Financial Protection Bureau (CFPB) announced it was seeking public input on so-called “junk fees” incurred as part of the closing process for residential mortgage loans. The residential...more
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more
3/11/2024
/ Appellate Courts ,
Arbitrators ,
Binding Agreements ,
Collateral Estoppel ,
Commercial Litigation ,
Contract Terms ,
Equitable Estoppel ,
Fraud ,
Fraudulent Transfers ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Non-Signatories ,
Settlement Agreements ,
Summary Judgment ,
Unconscionable Contracts
Tuesday, the Consumer Financial Protection Bureau (CFPB) issued a Final Rule capping most credit card late fees at $8. The CFPB believes its new rule may save consumers more than $10 billion a year in late fee charges for an...more
With the passage of H.B. 1633, which would legalize, tax, and regulate cannabis, New Hampshire may be on its way to becoming the twenty-fifth state to legalize adult-use cannabis. Under H.B. 1633, adults aged twenty-one and...more
Ohio-
Enforceability of Arbitration Agreement-
Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463.
The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more
2/19/2024
/ Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Consumer Protection Laws ,
CSPA ,
Damages ,
Debt ,
Employment Contract ,
Enforceability ,
Foreclosure ,
Motion to Compel ,
Oral Contracts ,
Pre-Employment Agreements ,
Promissory Notes ,
Statute of Frauds ,
Statute of Limitations ,
Tortious Interference ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
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 Wednesday, January 17, 2024, the Supreme Court heard oral arguments in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, a pair of cases where a majority of the Justices made clear that...more
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
Intrusion Upon Seclusion-
Feasby v. Logan, 3rd Appellate District Paulding County (Ohio Ct. App. 2023)-
In this appeal, the Third Appellate District reversed the trial court’s decision to grant judgment on the pleadings...more
12/29/2023
/ American Arbitration Association ,
Arbitration Agreements ,
Breach of Contract ,
Corporate Veil ,
Emotional Distress Damages ,
Exploitation ,
FDUTPA ,
Federal Arbitration Act ,
Invasion of Privacy ,
Liquidated Damages ,
Reversal ,
Shareholders ,
Unfair or Deceptive Trade Practices
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
Last week the Ohio House proposed legislation designed to revise a number of aspects of Issue 2, the Ohio Marijuana Legalization Initiative, passed by over 57% of Ohioans in November. Today, the Ohio Senate proposed its own...more
12/5/2023
/ Agribusiness ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Popular ,
Proposed Legislation ,
Recreational Use ,
Tax Revenues ,
THC
Ohio Republicans have begun to propose legislative changes to the recently passed Issue 2, the Ohio Marijuana Legalization Initiative (Initiative), passed by over 57% of Ohioans in November. House Bill No. 341 (the Bill) was...more
12/4/2023
/ Agribusiness ,
Decriminalization of Marijuana ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Research ,
Popular ,
Proposed Amendments ,
Recreational Use ,
Retailers ,
Tax Revenues
Oral Contract claims-
Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855.
In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more
11/17/2023
/ Administrative Remedies ,
Arbitration ,
Breach of Contract ,
Civil Rights Act ,
Collateralized Debt Obligations ,
Commercial Litigation ,
Deposit Accounts ,
Fair Credit Reporting Act (FCRA) ,
Florida ,
Garnishment ,
Motion to Compel ,
Oral Contracts ,
Statutory Damages ,
Uniform Commercial Code (UCC) ,
Unjust Enrichment ,
Willful Violations
For the second time in as many years, the Supreme Court of the United States has agreed to hear an appeal from a prominent cryptocurrency exchange regarding the enforceability of its arbitration clause in the exchange’s user...more
The Ninth Circuit Court of Appeals recently heard oral argument in the case of Aggarwal v. U.S. Drug Enforcement Administration over whether the DEA’s process to consider controlled substances reclassification was unlawful...more
For almost two years, the Consumer Financial Protection Bureau (CFPB) has made combating so-called junk fees an agency priority, bringing multiple enforcement actions, undertaking supervisory activity, and collaborating with...more
On October 3, the U.S. Supreme Court heard oral arguments in the Consumer Financial Protection Bureau v. Community Financial Services Association of America, the latest in a long line of cases targeting the constitutionality...more
10/26/2023
/ Administrative Agencies ,
Administrative Authority ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Financial Protection Bureau v Community Financial Services Association of America Ltd ,
Dodd-Frank ,
Federal Funding ,
Financial Services Industry ,
Oral Argument ,
Payday Lending Rule ,
Regulatory Agencies ,
SCOTUS