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
Ohio-
Implied Warranty Banks v. Shark Auto Sales LLC, 11th Dist. Trumbull, No. 2022-Ohio-3489-
In this appeal, the Eleventh Appellate District reversed the trial court’s judgment in favor of the plaintiff on her vehicle...more
10/11/2022
/ Automotive Industry ,
Breach of Contract ,
Creditors ,
Debtors ,
Deeds ,
Executory Contracts ,
FCCPA ,
Perfected Security Interest ,
Policies and Procedures ,
Public Policy ,
Revocation ,
Void Contracts ,
Warranties
Unambiguous Contract Language-
Lake Breeze Condo. Homeowner’s Ass’n v. Eastlake Ohio Developers, LLC, 11th Dist. Lake No. 2022-Ohio-3002.
In this case the Eleventh Appellate District affirmed in part and reversed in...more
9/8/2022
/ Bankruptcy Code ,
Beneficiaries ,
Breach of Contract ,
Conversion ,
Debtors ,
Declaratory Judgments ,
Easements ,
FL Supreme Court ,
Homeowners Association (HOA) ,
Safe Harbors ,
Sherman Act ,
Written Agreements
Claim to excess funds in foreclosure-
In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower? Here,...more
8/22/2022
/ Debtors ,
Foreclosure ,
Forum Non Conveniens ,
Higher-Priced Mortgage Loans ,
Injunctions ,
Interest Rates ,
Jury Duty ,
Lienholders ,
Mortgages ,
Ownership Rules ,
Personal Property ,
Rules of Civil Procedure ,
Standing
Ohio-
Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144-
In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more
4/25/2022
/ Admissibility ,
Arbitration ,
Breach of Contract ,
Cause of Action Accrual ,
Contract Interpretation ,
Debtors ,
Depositions ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FL Supreme Court ,
Foreclosure ,
Hearsay ,
Job Duties ,
Lienholders ,
Mortgages ,
Over-Time ,
Purchase Agreement ,
Statute of Limitations
McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand our Commercial Law Bulletin from its...more
2/28/2022
/ Adequacy Requirement ,
Breach of Duty ,
Class Certification ,
Debtors ,
Default Judgment ,
Duty of Care ,
Fiduciary Duty ,
Foreclosure ,
Personal Jurisdiction ,
Personal Liability ,
Predominance Requirement ,
Property Owners ,
Publication Requirement ,
Settlement Agreements ,
Statute of Limitations