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
Hanneman Family Funeral Home & Crematorium v. Orians, Slip. Op. 2023-Ohio-3687.
In this discretionary appeal, the Ohio Supreme Court clarified what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act and...more
10/20/2023
/ Americans with Disabilities Act (ADA) ,
Avoidance ,
CSPA ,
Foreclosure ,
Former Employee ,
Health Insurance ,
HUD ,
OH Supreme Court ,
Title I ,
Tort Claims Act ,
Trade Secrets ,
Unfair or Deceptive Trade Practices
Ohio-
Conversion-
Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more
9/29/2023
/ Arbitration ,
Causation ,
Commercial Litigation ,
Contract Price ,
Contract Terms ,
Conversion ,
Documentation ,
Fair Market Value ,
FDUTPA ,
Florida ,
Foreclosure ,
Indemnification ,
Liens ,
Notice Requirements ,
OH Supreme Court ,
Property Owners ,
Third-Party ,
Unjust Enrichment ,
Written Agreements
Assumption of the Risk-
Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118.
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more
9/12/2023
/ Asset Recovery ,
Assumption of the Risk ,
Commercial Litigation ,
Commercial Loans ,
Default ,
Insurance Claims ,
Lis Pendens ,
Negligence ,
Proof of Fault ,
Public Adjusters ,
Retaliation ,
Summary Judgment ,
Termination ,
Wage and Hour ,
Workers' Compensation Claim
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
In this three-part series, we first reviewed the Biden Administration’s collaborative efforts with the CFPB and the FTC to regulate “junk fees.” We highlighted recent regulatory, enforcement, and private actions and trends in...more
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
Anyone who has financed the purchase of a good or service, had a bank account, bought a car, or purchased sporting event tickets has almost assuredly encountered what the Biden Administration and various regulatory agencies...more
7/20/2023
/ Automotive Industry ,
Biden Administration ,
CARD Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Excessive Fees ,
FDCPA ,
Federal Trade Commission (FTC) ,
Fees ,
Financial Services Industry ,
Hidden Fees ,
Popular ,
Unfair or Deceptive Trade Practices
In an unusually blunt decision, the 11th Circuit Court of Appeals affirmed a district court’s decision to dismiss various claims brought by the Consumer Financial Protection Bureau (CFPB) for “violating the district court’s...more
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
Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more
6/29/2023
/ Arbitration ,
Automatic Stay ,
Coinbase ,
Coinbase Inc v Bielski ,
Cryptocurrency ,
Dissenting Opinions ,
Federal Arbitration Act ,
Interlocutory Appeals ,
Motion to Compel ,
Online Platforms ,
Pre-Trial Motions ,
SCOTUS ,
Stays
Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866.
In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more
6/23/2023
/ Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Defamation ,
False Statements ,
Final Judgment ,
Foreclosure ,
Mortgages ,
Offer of Judgment ,
OH Supreme Court ,
Punitive Damages ,
Settlement Agreements ,
Statute of Limitations
While the Ohio Legislature’s May 3, 2023, deadline to put forth adult-use legislation to avoid a ballot initiative went up in smoke, Ohioans have continued pushing forward in their attempt to legalize adult-use cannabis. And,...more
The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April...more
5/31/2023
/ Appellate Courts ,
Breach of Contract ,
Breach of Duty ,
Contract Terms ,
Damages ,
Escrow Accounts ,
Fair Labor Standards Act (FLSA) ,
Fiduciary Duty ,
Implied Contract ,
Over-Time ,
Rate of Pay ,
Unjust Enrichment
Why Lienholders and Loan Servicers Should Care -
In a unanimous decision, the Supreme Court held in Tyler v. Hennepin County that a county’s process of retaining the equity in a homeowner’s property constitutes a violation...more
Ohio-
Agent’s Liability Under Contract-
Nat’l Church Residences v. Kessler, 3rd Dist. Union, No. 2023-Ohio-1437. The Third Appellate District reversed the trial court’s decision to grant the plaintiff summary judgment,...more
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