Ohio-
Statute of Limitations Under FDCPA-
Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023).
In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more
3/15/2023
/ Arbitration ,
Debt Collection ,
Derivative Suit ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Forum Selection ,
Good Faith ,
Guaranty Claims ,
Investigations ,
Sheriffs Sale ,
Statute of Limitations ,
Waivers
Ohio-
Non-Signatory Compelling Arbitration Duff v. Christopher, 11th Dist. Lake, No. 2023-Ohio-349.
In this appeal, the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision compelling...more
In a unanimous Opinion issued Monday, May 23, the United States Supreme Court resolved a circuit split and held that waiver of a right to arbitrate does not require a showing of prejudice to the opposing party....more
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
Ohio-
Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952-
In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more
4/7/2022
/ Arbitration ,
Attorney's Fees ,
CAFA ,
Deeds ,
Discovery ,
Fair Labor Standards Act (FLSA) ,
Florida ,
Grantors ,
Interpleaders ,
Leases ,
Liens ,
OH Supreme Court ,
Oil & Gas ,
Remand ,
Restaurant Industry ,
Service Charges ,
Sua Sponte ,
Tips ,
Trade Names ,
Unfair or Deceptive Trade Practices
In a nearly unanimous opinion, the United States Supreme Court recently held in Badgerow v. Walters that a district court cannot “look through” to the underlying controversy in order to support jurisdiction to decide a motion...more
The Bullet Point 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 the Bullet Point from its previous coverage of Ohio case...more
9/23/2021
/ Arbitration ,
Cancellation of Debt (COD) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Denial of Rehearing ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Foreclosure ,
Injunctions ,
Motion to Compel ,
Offer of Judgment ,
Residential Property Owners ,
Robocalling ,
TCPA ,
Technology ,
Zoom®
Promissory Estoppel-
Faith Lawley, LLC v. McKay, 12th Dist. Warren No. CA2020-08-052, 2021-Ohio-2156-
In this appeal, the Twelfth Appellate District affirmed the trial court’s decision, agreeing that there was no...more
7/15/2021
/ Arbitration ,
Counterclaims ,
Easements ,
Land Owners ,
Medical Malpractice ,
Motion to Compel ,
Oral Contracts ,
Promissory Estoppel ,
Settlement Agreements ,
Tenants in Common ,
Vicarious Liability
Timeline to Confirm Arbitration Award-
BST Ohio Corp. v. Wolgang, 2021-Ohio-1785-
In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, holding that neither R.C. 2711.09 nor R.C. 2711.13 requires...more
Loss Mitigation Review Under RESPA Hurst v. Caliber Home Loans, Inc., N.D.Ohio No. 5:19-cv-00315, 2021 U.S. Dist. LEXIS 51849 (Mar. 19, 2021)
In this matter, the Northern District of Ohio held that a loan servicer did...more
4/2/2021
/ Appellate Courts ,
Arbitration ,
Borrowers ,
CSPA ,
Dispute Resolution ,
Document Productions ,
Good Faith ,
Loss Mitigation ,
Misleading Statements ,
Motion to Compel ,
Oral Contracts ,
Required Documentation ,
RESPA ,
Terms and Conditions ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Specific Performance Jad Rentals of Youngstown, LLC v. Cox, 7th Dist. Mahoning No. 19 MA 0096, 2021-Ohio-304-
In this appeal, the Seventh Appellate District affirmed the trial court’s decision, agreeing that the buyer...more
Unconsionability Defense to Arbitration-
Sebold v. Latina Design Build Group, L.L.C., 8th Dist. Cuyahoga No. 109362, 2021-Ohio-124 In this appeal, the Eighth Appellate District affirmed the trial court’s decision agreeing...more
1/29/2021
/ Arbitration ,
Arbitration Agreements ,
Creditors ,
Debtors ,
Failure To Pay ,
Foreclosure ,
Fraudulent Transfers ,
Intellectual Property Protection ,
Misappropriation ,
Promissory Notes ,
Trade Secrets ,
Transfer of Assets
G Challenges to Arbitration Award-
Hughes v. Hughes, 10th Dist. Franklin No. 19AP-865, 2020-Ohio-5026-
In this appeal, the Tenth Appellate District affirmed the trial court’s decision and confirmed an arbitration award...
...more
The Bullet Point: An Ohio Commercial Law Bulletin
Is My Cure Offer under the Consumer Sales Practices Act Timely?
September 14, 2020
Timing of Cure Offer
Norman v. Kellie Auto Sales, Inc., 10th Dist. Franklin No....more
QWR Responses -
Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) -
In this case, the Northern District of Ohio granted in part and denied in part the loan...more
4/2/2020
/ Admissible Evidence ,
Affidavits ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Class Certification ,
Consumer Protection Laws ,
Defense Strategies ,
Duty to Respond ,
FDCPA ,
Foreclosure ,
Judicial Review ,
Motion for Summary Judgment ,
Non-Appealable Decisions ,
Qualified Written Requests ,
RESPA ,
Standing ,
Waiver of Rights