Discovery Rule under UTSA New Technology Products v. Scotts Miracle-Gro., 3d Dist. Union No. 2022-Ohio-3780.
In this appeal, the Third Appellate District affirmed the trial court’s decision to grant summary judgment to...more
11/1/2022
/ Collateral ,
Coronavirus/COVID-19 ,
CSPA ,
Default ,
Misappropriation ,
Offer of Judgment ,
OH Supreme Court ,
Restrictive Covenants ,
Revocable Trusts ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
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
Ohio-
Assignee of Contract-
Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282.
In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more
9/23/2022
/ Appellate Courts ,
Assignees ,
Contract Modification ,
Equitable Lien ,
Good Faith ,
Jurisdiction ,
Mortgages ,
Promissory Notes ,
Retail Installment Sales Contracts ,
Statute of Frauds ,
Subrogation ,
Trade Secrets ,
Uniform Commercial Code (UCC)
Under current California law, cannabis licensees are not permitted to “transport or distribute, or cause to be transported or distributed, cannabis or cannabis products outside the state, unless authorized by federal law.”...more
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
On Thursday, July 21, 2022, Senators Chuck Schumer, Ron Wyden, and Cory Booker unveiled the long-awaited Cannabis Administration and Opportunity Act (CAOA), which, if passed, would decriminalize marijuana at the federal level...more
Ohio-
In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note was rendered moot because the debtor’s debt was...more
7/27/2022
/ Commercial Contracts ,
Conversion ,
Debt ,
FACTA ,
Mootness ,
Motion to Dismiss ,
Personal Property ,
Promissory Notes ,
Standing ,
Trade Secrets ,
Wrongful Acts
Continuing a recent trend of highlighting potential unfair and deceptive acts or practices (UDAAP) within the auto loan servicing industry, the Consumer Financial Protection Bureau (CFPB) recently issued a new blog post...more
Fair Debt Collection Practices Act-
In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
7/11/2022
/ Apex Doctrine ,
Breach of Contract ,
Communications Decency Act ,
Condition Precedent ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Debt Collection ,
Debt Collectors ,
Defamation ,
Depositions ,
Disclosure ,
False Statements ,
FDCPA ,
Financial Reporting ,
Financial Services Industry ,
Foreclosure ,
Post Judgment Discovery ,
Premature Claims ,
Statute of Limitations ,
Summary Judgment ,
Waivers
Ohio-
Uniform Trade Secrets Act Sal’s Heating & Cooling, Inc. v. Bers Acquisition Co., 8th Dist. Cuyahoga No. 110685, 2022-Ohio-1756-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision,...more
6/13/2022
/ Adobe ,
AT&T ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Credit Unions ,
De Facto Injury ,
Declaratory Relief ,
E-Signatures ,
Fiduciary Duty ,
Financial Institutions ,
Investment ,
Landlords ,
Leases ,
Misappropriation ,
OH Supreme Court ,
Overdraft Fees ,
Portfolio Companies ,
Rebuttable Presumptions ,
Res Judicata ,
Trade Secrets ,
Unfair or Deceptive Trade Practices ,
Uniform Trade Secrets Acts
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
Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488-
In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more
5/18/2022
/ Acceptance ,
Appellate Courts ,
Attorney's Fees ,
Auction ,
CSPA ,
Double Recovery ,
FCCPA ,
Foreclosure Sales ,
Fraudulent Transfers ,
Goods or Services ,
Homeowners Association (HOA) ,
Injunctions ,
Intervention Notices ,
Jury Trial ,
Loans ,
Mortgages ,
Reinstatement ,
Settlement ,
Statute of Limitations ,
Voluntary Dismissals
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 Consumer Financial Protection Bureau (CFPB) recently issued two bulletins highlighting its concerns with business practices in the auto finance and servicing industries as a result of inflation and the potential for...more
With a new administration comes new priorities for federal agencies, and the Consumer Financial Protection Bureau (CFPB) is no different. During the Trump administration, the Bureau focused on “educating” consumers. Under...more
Ohio-
Statute of Frauds-
Kopsky v. MURrubber Technologies, Inc., 9th Dist. Summit Nos. 29867, 29984, 2022-Ohio-511-
In this appeal, the Ninth Appellate District affirmed the trial court’s decision, agreeing that the...more
3/15/2022
/ Arbitration Agreements ,
Attorney's Fees ,
Breach of Contract ,
Business Judgment Rule ,
Class Certification ,
Contract Terms ,
Expert Witness ,
Liens ,
Merger by Deed ,
OH Supreme Court ,
Settlement Proposals ,
Statute of Frauds
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
Ohio-
Tortious Interference Gerace v. Biotheranostics, Inc., 8th Dist. Cuyahoga No. 110440, 2022-Ohio-302-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that an employer...more
In a case of first impression in Ohio, the Fairfield County Court of Common Pleas held that R.C. § 1343.031, Ohio’s version of the Servicemembers Civil Relief Act (SCRA), does not apply to residential mortgages. This decision...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
1/31/2022
/ Alter Ego ,
Bad Faith ,
Corporate Veil ,
Default Judgment ,
Employer Liability Issues ,
Joint Ownership ,
Non-Compete Agreements ,
OH Supreme Court ,
Personal Property ,
Pre-Employment Agreements ,
Restrictive Covenants ,
Sovereign Immunity ,
Vicarious Liability
On January 18, 2022, the Federal Trade Commission (FTC) issued an advisory opinion (the FTC Opinion) to clarify that the FTC’s Trade Regulation Rule Concerning Preservation of Consumers’ Claims and Defenses (the Holder Rule),...more
The Ohio Supreme Court has proposed a number of significant changes to the Ohio Rules of Civil Procedure that seek to utilize remote technology, pursuant to its rulemaking authority under the Ohio Constitution. The...more