Ohio

  • January 31, 2024

    Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules

    Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.

  • January 30, 2024

    Ohio Operator Settles Choice Hotels' TM Suit For $400K

    A former Comfort Inn location operator has agreed to pay lodging franchisor Choice Hotels $400,000 to settle claims in Ohio federal court that the operator continued to use the Choice Hotel's marks and signage after their franchise agreement was scrapped.

  • January 30, 2024

    Lordstown Wants More Time To File Ch. 11 Plan

    Electric truckmaker Lordstown has asked a Delaware bankruptcy judge to give the Ohio company additional time to submit a Chapter 11 plan before anyone else is allowed to do so in its case, saying negotiations have been productive and that the extra time will allow the parties to resolve disputes over the plan.

  • January 30, 2024

    Real Estate Rumors: Eldawy, Wake Stone, Ohio Police & Fire

    Developer Mohamed Eldawy is said to be seeking city approval for a $250 million mixed-use project in Galveston, Texas, Wake Stone Property is reportedly investing $48 million toward expanding an industrial park in North Carolina, and the Ohio Police & Fire Pension Fund could be investing up to $275 million in real estate this year.

  • January 30, 2024

    6th Circ. Backs Antero's Win In Oil Royalties Breach Suit

    The Sixth Circuit affirmed on Tuesday a lower court's dismissal of a lessor's contract breach suit accusing Antero Resources of underpaying royalties under an oil-and-gas lease, finding the lessor failed to follow the lease's 90-day presuit notice requirement and "made no attempt to provide any prelawsuit notice at all."

  • January 30, 2024

    Hyundai, Kia Can Ask 9th Circ. To Vet Cities' Car-Theft Claims

    A California federal judge said Hyundai and Kia can ask the Ninth Circuit to consider whether cities in New York, Ohio and Wisconsin can sue the automakers over a nationwide wave of car thefts following a viral TikTok trend that popularized tips for breaking into their vehicles.

  • January 30, 2024

    1 Year Later: How 2 States Reckoned With A Train Derailment

    In the nearly one year since a Norfolk Southern Railway Co. cargo train derailed and released toxic chemicals in East Palestine, Ohio, right on the border of western Pennsylvania, both states have launched environmental monitoring programs and secured funding or financial commitments from the company.

  • January 29, 2024

    Mich. Residents Urge 6th Circ. To Preserve Lead Water Claims

    Residents of Benton Harbor, Michigan, urged the Sixth Circuit to reject city officials' request for qualified immunity in a class action alleging they misled the public about the safety of the city's drinking water.

  • January 29, 2024

    The Top Attys In Clinton's Impeachment Trial, 25 Years Later

    One of them just went to federal prison, and another famously beat a federal indictment. One has been seeking the White House, and another has been steering a BigLaw powerhouse. Each was among the two dozen attorneys who litigated President Bill Clinton's historic impeachment trial 25 years ago this month — and then saw their lives go in dramatically different directions.

  • January 29, 2024

    Google Tells Ohio Court That Search Isn't A 'Common Carrier'

    Google urged an Ohio state court to reject a bid by enforcers to have its search engine declared a common carrier, saying the move would be a vast expansion of the law and violate the company's First Amendment rights by dictating what it shows in search results.

  • January 29, 2024

    Judge Won't Pause Ohio Trafficking Case For Centralization

    An Ohio federal judge denied a woman's bid to pause her sex trafficking lawsuit while she awaits a decision to have her case centralized with other trafficking cases because it would delay efficient resolution.

  • January 29, 2024

    Ohio Clerk Must Face News Service's 1st Amendment Suit

    An Ohio federal judge has denied a county court clerk's bid to escape a legal news service's suit claiming that he's blocking access to newly filed complaints, ruling that the sovereign immunity typically reserved for public officials doesn't foreclose constitutional claims.

  • January 26, 2024

    Nelson Mullins' Rates Spark Coverage Spat Over Builder's Suit

    An insurance policy battle between an exterior building product manufacturer and its insurer over who should pay for a law firm's services in a separate lawsuit spilled into Ohio federal court this week after the insurer removed the company's case from state court to the federal arena.

  • January 26, 2024

    6th Circ. Backs Rehire Of Union Guard Fired For Sleeping

    A security company must reinstate a guard who was accused of sleeping on the job and subsequently terminated, the Sixth Circuit ruled on Friday, finding an arbitrator relied on the parties' collective bargaining agreement when issuing the award that said the worker wasn't let go for just cause.

  • January 26, 2024

    Off The Bench: McMahon Sued, 'Rock' Victory, USC Feels Heat

    In this week's Off The Bench, WWE founder Vince McMahon has been sued for sexual abuse and trafficking, "The Rock" reclaimed his name, and USC defended its claim that college athletes aren't employees. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • January 26, 2024

    What Gender-Affirming Care Cases Mean For Benefits Attys

    Ongoing legal battles over restrictions on youth access to gender-affirming medical care may spur employers to upgrade their benefits to help health plan participants travel out of state to seek treatment and open up a new area of liability for plan administrators. Here's a look at three things benefits attorneys should know about legal fights over limitations on gender identity-related care.

  • January 25, 2024

    4 Tattoo Copyright Claims Against NBA Video Game Tossed

    An Ohio federal judge ruled that some tattoos must be excluded from a copyright infringement lawsuit against the makers of the video game series NBA 2K because the man who inked the tattoos on three basketball stars had not properly registered the images when he filed his complaint.

  • January 25, 2024

    Philly Children's Hospital Avoids Baby Brain Injury Suit

    A $7 million medical malpractice settlement for claims that an Ohio doctor's operation injured an unborn child precluded a separate lawsuit claiming that Children's Hospital of Philadelphia caused the same injuries by not treating the same issue, a Pennsylvania appellate court ruled Thursday.

  • January 25, 2024

    Notice Delay In Chubb's $3.3M Recoupment Bid Bugs 6th Circ.

    A Sixth Circuit panel peppered a Chubb unit with questions Thursday about why the carrier should be able to recoup $3.3 million from two other insurers for its defense of windshield repair company Safelite against a competitor's suit, despite a four-year delay in notice.

  • January 25, 2024

    6th Circ. Won't Reverse 'Willy-Nilly' For Investment Firm

    A Sixth Circuit panel told investment firm Stout Risius Ross Inc. it wouldn't reverse a Michigan federal court's decision "willy-nilly" at oral arguments Thursday, when the firm sought to prevent partial reimbursement for underlying stock valuation litigation while its insurer continued to fight for total payback.

  • January 25, 2024

    Advisory Firm Asks 6th Circ. To Ax Insurer's Win In SEC Case

    An investment advisory firm argued Thursday that a Tennessee federal court erred in deciding that its insurance policy excluded coverage for an underlying suit from the U.S. Securities and Exchange Commission, telling a Sixth Circuit panel that the exclusion rendered the policy illusory.

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Ohio Justices Revive Disposal Co.'s Gov't Taking Claims

    The Ohio Supreme Court on Wednesday revived a drilling waste disposal company's bid to secure compensation for a government-ordered shutdown following an earthquake, saying the court of appeals failed to weigh whether the shutdown order amounted to a "taking" of property.

  • January 24, 2024

    Ohio Senate Greenlights Ban On Youth Gender-Affirming Care

    The Ohio Senate on Wednesday voted to override Gov. Mike DeWine's veto of a bill that would restrict gender-affirming care for transgender youths and ban transgender girls from participating in female sports. 

  • January 24, 2024

    Ohio GOP Lawmakers Float Axing Income, Receipts Taxes

    A group of Republican lawmakers in Ohio filed legislation to phase out the state's personal income tax and gross receipts tax on businesses, saying they are aiming to start the $13 billion tax cut plan in next year's biennial budget.

Expert Analysis

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.

  • Opinion

    6th Circ. Judge Correctly ID'd ERISA Civil Procedure Conflict

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    While the Sixth Circuit in Tranbarger v. Lincoln Life & Annuity recently affirmed a ruling that denied the plaintiff's disability benefits, one judge's concurrence should be commended for arguing that adjudication of such Employee Retirement Income Security Act cases fundamentally contradicts the Federal Rules of Civil Procedure, says Mark DeBofsky at DeBofsky Law.

  • Prepping Your Business Ahead Of Affirmative Action Ruling

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    The U.S. Supreme Court's upcoming ruling on whether race should play a role in college admissions could potentially end affirmative action, and companies will need a considered approach to these circumstances that protects their brand power and future profits, and be prepared to answer tough questions, say Nadine Blackburn at United Minds and Eric Blankenbaker at Weber Shandwick.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

  • FLRA Ruling May Show Need For Congressional Clarification

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    With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • Cos. Shouldn't Alter Noncompete, Severance Agreements Yet

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    Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • Beware Patchwork Of State NIL Laws For Student-Athletes

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    With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.

  • When Are Cos. Liable For Building Customers' Designs?

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    The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.

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