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
Continuing its aggressive push of investigating and regulating so-called junk fees charged by banks and financial companies, the Consumer Financial Protection Bureau (CFPB) recently issued a special edition of its Supervisory...more
Substantial Compliance with Contract-
American Bus. Investments, LLC v. Shaeena & Allos, LLC, 6th Dist. Lucas, 2023-Ohio-739.
In this appeal, the Sixth Appellate District affirmed the trial court’s decision to grant...more
4/3/2023
/ Article III ,
Breach of Contract ,
Change of Ownership ,
Class Action ,
Class Certification ,
Debt Collectors ,
FDCPA ,
Federal Rules of Civil Procedure ,
Invasion of Privacy ,
Limited Liability Company (LLC) ,
Mutuality ,
Remedies ,
Summary Judgment
In early March 2023, the Consumer Financial Protection Bureau (CFPB) issued a special edition of its Supervisory Highlights that focused exclusively on “junk fees” uncovered in supervisory examinations in various industries,...more
3/27/2023
/ CARES Act ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Fair Housing Act (FHA) ,
Late Fees ,
Loan Agreements ,
Misrepresentation ,
Mortgages ,
Regulation Z ,
UDAAP ,
Waivers
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
As Ohio’s medicinal marijuana industry grows and the public’s attitude towards marijuana trends toward acceptance, various organizations and lawmakers have begun to lay the groundwork to – at long last – legalize adult use...more
Today, the Supreme Court of the United States granted the petitions for writs of certiorari filed in CFPB et. al. v. Com. Fin. Services Assn., where a panel of the United States Court of Appeals for the Fifth Circuit ruled...more
2/28/2023
/ Certiorari ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
EFTA ,
Fair Credit Reporting Act (FCRA) ,
FDCPA ,
FHFA ,
Payday Lending Rule ,
Payday Loans ,
SCOTUS ,
Truth in Lending Act (TILA)
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
Continuing its trend of aggressive oversight over financial institutions, the CFPB has recently announced proposals to create two publicly accessible databases that, it says, will highlight alleged bad actors, identify...more
Can claiming you broke the law get you out of a contract?
Illegality And Unforceability-
MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more
2/8/2023
/ Abstention ,
Breach of Contract ,
Canada ,
Cannabis-Related Businesses (CRBs) ,
Controlled Substances Act ,
Discretionary Clauses ,
Federalism ,
Illegal Conduct ,
Illegality Defense ,
Liability ,
Rent
Ohio-
Tortious Interference with Business Relations Emanuel’s LLC v. Restore Marietta, 4th Dist. Washington No. 2023-Ohio-147.
In this appeal, the Fourth Appellate District affirmed the trial court’s decision to grant...more
2/6/2023
/ Asset Freeze ,
Breach of Contract ,
Commercial Real Estate Contracts ,
Consumer Sales Practices Act ,
Discovery ,
Established Business Relationship ,
Federal Trade Commission (FTC) ,
Irreparable Harm ,
Pooling Agreement ,
PSA ,
Residential Real Estate Contracts ,
Service Contracts ,
Tortious Interference ,
Unfair or Deceptive Trade Practices
Ohio-
Liquidated Damages-
Pacetti’s Apothecary v. Rebound Bracing & Pain Sol. Inc., 2d Dist. Greene, No. 2023-Ohio-93.
In this appeal, the Second Appellate District affirmed the trial court’s decision finding that a late...more
1/23/2023
/ Breach of Contract ,
Commercial Litigation ,
Contract Terms ,
FACTA ,
FDUTPA ,
Foreclosure ,
Injury-in-Fact ,
Liquidated Damages ,
Misrepresentation ,
Performance Standards ,
Prevailing Party ,
Promissory Notes ,
Successor Liability ,
Unfair or Deceptive Trade Practices
As 2022 draws to a close, what better time to revisit our most popular insights of the last year and see what topics have engaged our client industries?
Our attorneys work hard to stay on the cutting edge of industry...more
12/23/2022
/ Blockchain ,
Cannabis-Related Businesses (CRBs) ,
Commercial Bankruptcy ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Decriminalization of Marijuana ,
Digital Assets ,
Financial Institutions ,
Foreclosure ,
Moratorium ,
Trademarks ,
Virtual Currency
In this discretionary appeal, the Ohio Supreme Court outlined when and in what circumstances an equitable lien may arise.
The Bullet Point:
A lien is “‘a hold or claim which one person has upon the property of another as...more
Ohio-
“Best efforts“ Cintrifuse Landlord LLC v. Panino, LLC, 1st Dist. Hamilton, No. 2022-Ohio-4104-
In this appeal, the First Appellate District reversed the trial court’s decision to grant the plaintiff’s motion for...more
Ohio-
Public Records Law-
The State Ex Rel. Ames, Appellant, v. Baker, Dublikar, Beck, Wiley & Mathews et al., Slip Op. 2022-Ohio-3990.
In this mandamus action to the Ohio Supreme Court, the Court found that Ohio’s...more
On October 6, 2022, President Biden took his first steps to overhaul federal policy on marijuana. In doing so, he pardoned individuals with federal offenses for simple marijuana possession and initiated review as to how the...more