• February 06, 2024

    Trade Commission Reverses Course, Calls Off Tin Mill Probes

    The U.S. International Trade Commission determined Tuesday that tin mill products from Canada, China and Germany are not harming the domestic industry unfairly, freeing the imports from looming anti-dumping and countervailing duties set by the U.S. Department of Commerce.

  • February 06, 2024

    JPML Consolidates Suboxone Dental Decay Suits In Ohio

    The Northern District of Ohio will host consolidated cases brought against Indivior, Reckitt Benckiser and others alleging the companies failed to warn users of opioid addiction treatment Suboxone that it causes dental decay, according to an order from the U.S. Judicial Panel on Multidistrict Litigation joining 15 suits.

  • February 06, 2024

    6th Circ. Backs Becton's Win In Royalties Suit

    An inventor of medication valves failed to convince the Sixth Circuit to revive his suit alleging that Becton Dickinson & Co. owes him two years' worth of royalties, with the appellate court reasoning Tuesday that a district court properly interpreted the licensing agreement's payout time limit on his patent.

  • February 06, 2024

    Pies & Pints Manager Seeks Access To Corporate Books

    A minority investor in Ohio pizza and beer chain Pies & Pints filed a second lawsuit Tuesday in Delaware's Court of Chancery, alleging that the restaurant business has failed to respond to his first lawsuit seeking access to the company's books.

  • February 06, 2024

    Hose Maker Can't Escape Suit Over Sulfuric Acid Burns

    An Ohio appeals court has revived a man's injury claims against Gates Corp. over acid burns he suffered when a hose made by the company burst, saying his state-law claims are not preempted by the federal Hazardous Materials Transportation Act.

  • February 05, 2024

    Warner Bros. Discovery Beats Investors' $43B Tie-Up Suit

    A Manhattan federal judge tossed a proposed securities class action Monday accusing Discovery of not telling investors about the flagging performance of WarnerMedia's streaming service HBO Max prior to a $43 billion merger of the two media giants, saying the plaintiff pension funds have not adequately alleged any actionable omissions.

  • February 05, 2024

    Hospital Says Ohio Pot Law Doesn't Ax Employee Discipline

    An Ohio hospital sued its workers' union in federal court, arguing it shouldn't have to accept an arbitration decision that rescinded an employee's discipline for testing positive for marijuana, because a recent law codified by a cannabis decriminalization ballot initiative preserves employers' ability to punish workers for positive tests.

  • February 05, 2024

    Norfolk Southern Slams Investors' Fraud Suit Over Derailment

    Norfolk Southern has asked a New York federal court to dump proposed class allegations that it misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to last year's fiery derailment in East Palestine, Ohio.

  • February 05, 2024

    No CGL Coverage For Home Depot Data Breach, 6th Circ. Told

    Two insurers have told the Sixth Circuit they owe no commercial general liability coverage to Home Depot for its $172 million settlement with financial institutions over a 2014 breach of customer payment information, arguing an electronic data exclusion wholly barred coverage for the institutions' claimed losses.

  • February 05, 2024

    6th Circ. Urged To Undo Class Cert In Nissan Faulty Brake Suit

    Automotive manufacturer associations and the U.S. Chamber of Commerce have urged the Sixth Circuit to reverse a decision granting class certification to drivers alleging that Nissan's automatic emergency braking system abruptly stops unnecessarily, saying the certification could set a dangerous precedent for vehicle liability actions.

  • February 05, 2024

    Abercrombie Hit With Suit Over TTAB's 'Amateur' Ornithology

    An Oregon man took Abercrombie & Fitch Trading Co. to Ohio federal court after the clothing retailer got the U.S. Trademark Trial and Appeal Board to deny his registration application for a design featuring a seabird, arguing his design has no resemblance to the clothing company's bird silhouette mark.

  • February 05, 2024

    McGlinchey Stafford Nabs Bankruptcy Veteran From PNC

    McGlinchey Stafford said it hired one of PNC Bank's senior legal counsel, a lawyer with more than 35 years of bankruptcy experience, to join its team in Cleveland.

  • February 02, 2024

    FirstEnergy Rips Investor Clarification Bid Amid Cert. Appeal

    FirstEnergy Corp. told an Ohio federal judge that investors are making an "extraordinary" and "unprecedented" bid for clarification on a class certification ruling in their suit over the company's role in a high-profile bribery scandal, saying such a clarification in the middle of an ongoing appeal would require an unnecessary, additional round of briefing.

  • February 02, 2024

    Ohio Gov. DeWine Backs NCAA's College Prop Bet Ban Idea

    Ohio Governor Mike DeWine has called for a change in gambling rules in the Buckeye State to prohibit "prop bets," or wagers dealing with specific players' performance in sporting events such as their total touchdowns, from being placed on collegiate-level athletes, citing threats made to those athletes by gamblers.

  • February 02, 2024

    Progressive Faces Trial In Car Undervaluation Class Action

    Progressive insurance units may have to face a jury trial on claims they systematically undervalued totaled cars after a Georgia federal judge rejected the company's bid to end the suit, ruling policyholders had enough evidence to argue they were shortchanged on claim payouts.

  • February 02, 2024

    6th Circ. Revives Bank's $32M Ponzi Settlement Coverage Suit

    A bank can seek coverage for a $32 million settlement it paid to resolve a bankruptcy suit alleging it allowed a Ponzi scheme to continue so it could recover loans to the company running the scheme, the Sixth Circuit ruled, reversing a win for a pair of AIG insurers.

  • February 02, 2024

    Ohio Demolition Co. Hit With Post-Default Discovery Fines

    An Ohio building demolition and sewer services contractor has to pay daily fines for failing to respond to information requests from multiple union benefit funds' trustees in a case the company and its owner have already lost by default after they were found in contempt of federal court.

  • February 01, 2024

    Insurer Fights Railroad Subpoena For Ohio Derailment Docs

    An insurance company that investigated claims made surrounding last year's East Palestine, Ohio, derailment has asked an Ohio federal court to block a subpoena from Norfolk Southern seeking to procure its findings from the area where the accident occurred, arguing it was a nonparty to the massive litigation over the derailment.

  • February 01, 2024

    Ex-Worldpay Exec Loses Bid To Revive Discrimination Suit

    An Ohio state appeals court refused to reverse a trial defeat for a fired Worldpay executive who alleged he endured retaliation for complaining about discrimination, among other things, rejecting his assertion that the company inappropriately wielded attorney-client privilege as both a "sword and a shield."

  • February 01, 2024

    NCAA Punishes Ex-Ala. Baseball Coach In Gambling Scheme

    The NCAA on Thursday penalized former University of Alabama baseball head coach Brad Bohannon with three years probation and a $5,000 fine for violating betting and ethics rules by knowingly sharing insider information with someone he knew was betting on one of his games.

  • February 01, 2024

    Albertsons, Kroger Slam Shoppers' Last Shot To Fight Merger

    Albertsons and Kroger urged a California judge Wednesday to toss for good a challenge to the grocers' proposed $24.6 billion merger, saying the customers' second amended complaint "parrots" arguments the court previously rejected for lack of standing.

  • February 01, 2024

    Fired Ohio Megachurch Pastor Can't Revive Suit Against Bank

    An Ohio appellate court has affirmed Union Bank & Trust Co.'s win against a former megachurch pastor who claimed the bank wrongfully pushed for his firing, ruling the bank was justified in urging the church to remove the pastor after his extramarital affairs were revealed in 2018.

  • February 01, 2024

    Publicis Reaches $350M Opioid Settlement With All 50 States

    Publicis Health LLC settled a lawsuit on Thursday with all 50 U.S. states, the District of Columbia, and several U.S. territories for $350 million over claims that it helped exacerbate the opioid crisis through its work with Purdue Pharma, the manufacturer behind OxyContin.

  • February 01, 2024

    Real Estate Rumors: Fortinet, Kayne Anderson, Northwind

    Fortinet has reportedly bought a Santa Clara campus for $192 million, Kayne Anderson is believed to be associated with the buyer of a $55.8 million apartment complex near Ohio State University and Northwind Group is said to be the lender behind a $70 million mortgage for a property in Jersey City.

  • January 31, 2024

    6th Circ. Pushes Ford Buyer On Missing Claims In RV Suit

    A Sixth Circuit panel seemed unsure Wednesday about who should be responsible for alignment issues in a recreational vehicle built from a Ford Motor Co. chassis, questioning why a purchaser of the RV wants to wait until discovery is complete to zero in on when the alignment problems occurred.

Expert Analysis

  • Ohio Tax Talk: Building On Federal Affordable Housing Credit

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    Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • High Court Cert Denial Puts New Spotlight On Plea Bargains

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    The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

  • Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation

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    As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Ohio's Adoption Of EPA Rules Will Aid Hazardous Waste Cos.

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    Ohio's recent adoption of a new hazardous waste rules package aligned with federal standards will significantly improve operations for waste handling and transportation businesses operating in the state by simplifying the permitting process, say attorneys at Vorys.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Perspectives

    A New HOPE For Expunging State-Level Cannabis Convictions

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    As states across the U.S. legalize cannabis, individuals with related convictions face hurdles to expunging their records due to outdated record-keeping systems — but the recently introduced HOPE Act would remedy this by providing grant funding to state and local governments, says Rep. Dave Joyce, R-Ohio.

  • Opinion

    ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

  • Challenging Standing In Antitrust Class Actions: Rule 23

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    A recent Sixth Circuit decision in Fox v. Saginaw County that rejected the common attempt to use Rule 23 to sidestep Article III's standing limitations shows antitrust defendants' success in challenging standing will rest on happenstance without more clarity from the Supreme Court — which no litigant should be comfortable with, say Michael Hamburger and Holly Tao at White & Case.

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