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
1/11/2022
/ Attorney's Fees ,
Breach of Contract ,
Commercial Property Owners ,
Competition ,
Contract Interpretation ,
Contract Terms ,
CSPA ,
Debt ,
Deposit Accounts ,
Exclusive Use ,
Extended Warranties ,
Forum Selection ,
Fund Transfers ,
Landlords ,
Nursing Homes ,
Promissory Estoppel ,
Rules of Civil Procedure ,
Subcontractors ,
Summary Judgment ,
Tenants ,
Third-Party ,
Unjust Enrichment
Ohio-
RESPA Actual Damages-
Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more
12/14/2021
/ Appellate Courts ,
Attorney's Fees ,
Business Interruption ,
Contract Claims ,
Coronavirus/COVID-19 ,
Exclusions ,
FL Supreme Court ,
Implied Contract ,
Insurance Claims ,
Mortgage Loan Officer ,
Personal Jurisdiction ,
Policy Exclusions ,
Property Damage ,
Qualified Written Requests ,
RESPA
Ohio-
Insurance coverage for data breach-
Emoi Servs., LLC v. Owners Ins. Co., 2d Dist. Montgomery No. 29128, 2021-Ohio-3942 In this appeal, the Second Appellate District reversed and remanded the trial court’s...more
11/30/2021
/ Appellate Courts ,
Comity ,
Cyber Attacks ,
Data Breach ,
Easements ,
Endorsements ,
Foreclosure ,
Foreclosure Sales ,
Insurance Industry ,
Promissory Notes ,
Ransomware ,
Res Judicata ,
Right of Redemption
On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more
Ohio-
Restrictive Covenants-
New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more
11/9/2021
/ Affirmative Use Deed Restrictions ,
Article III ,
Bonuses ,
Debt Collection ,
Debt Collectors ,
Disclosure ,
Expert Witness ,
Fair Labor Standards Act (FLSA) ,
FDCPA ,
Foreclosure ,
Homeowners ,
Homeowners Association (HOA) ,
Property Owners ,
Property Tax ,
Punitive Damages ,
Restrictive Covenants ,
Salary/Wage History ,
State Treasurers ,
Third-Party
Ohio-
Statute of Frauds-
TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
10/25/2021
/ Appellate Courts ,
Arbitration Agreements ,
Coronavirus/COVID-19 ,
Creditors ,
Declaratory Relief ,
Enforcement ,
Federal Arbitration Act ,
Final Judgment ,
Foreclosure ,
Jurisdiction ,
Loan Modifications ,
OH Supreme Court ,
Oral Contracts ,
Priority Rules ,
Settlement Agreements ,
Statute of Frauds ,
Tax Certificates
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
10/8/2021
/ Abandonment ,
Appraisal ,
As-Is Clauses ,
Breach of Contract ,
Breach of Warranty ,
Consumer Reports ,
Extended Warranties ,
Fair Credit Reporting Act (FCRA) ,
Fraudulent Investment ,
Investment ,
Motor Vehicles ,
Oral Contracts ,
Ponzi Scheme ,
Property Tax ,
Property Valuation ,
Statute of Limitations ,
Tobacco Litigation
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®
Statute of Frauds-
Csizmadia v. Gilkey, 5th Dist. Morgan No. 20AP0006, 2021-Ohio-2760 In this appeal, the Fifth Appellate District affirmed the trial court’s decision, agreeing that the property owners could not assert a...more
Caveat Emptor-
Nieberding v. Barrante, 8th Dist. Cuyahoga No. 110103, 2021-Ohio-2593-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the sellers had no obligation to...more
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
Privity to Sue-
Yeager v. U.S. Bank, 1st Dist. Hamilton No. C-200262, 2021-Ohio-1972 In this appeal, the First Appellate District affirmed in part as modified, reversed in part, and remanded the trial court’s decision....more
In February 2021, the Ohio Legislature passed S.B. 13 (the Act) which, among other things, shortened the statute of limitations for causes of actions predicated on written and non-oral contracts. The revisions to the Ohio...more
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
Easement by estoppel-
DeepRock Disposal Solutions, LLC v. Forté Prods., LLC, 4th Dist. Washington No. 20CA15, 2021-Ohio-1436-
In this appeal, the Fourth Appellate District affirmed as modified the trial court’s...more
5/11/2021
/ Appellate Courts ,
As-Is Clauses ,
Breach of Contract ,
Breach of Duty ,
Breach of Warranty ,
Consent ,
Easements ,
Economic Loss Doctrine ,
Estoppel ,
Express Warranty ,
Fraud ,
Pipelines ,
Product Defects ,
Property Owners ,
Used Cars
Contract Ratification-
Gionino’s Pizzeria Inc. v. Reynolds, 7th Dist. Carroll No. 20 CA 0940, 2021-Ohio-1289 In this matter, the Seventh Appellate District reversed and remanded the lower court’s decision, finding that...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
Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472-
In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more
3/15/2021
/ Appellate Courts ,
Attorney's Fees ,
Binding Contractual Rules ,
Breach of Contract ,
Collaboration ,
Collective Bargaining ,
Confidentiality Agreements ,
Contempt ,
Contract Terms ,
Corrective Actions ,
Counterclaims ,
Damages ,
Denial of Insurance Coverage ,
Divorce ,
Due Dates ,
Duty to Defend ,
Failure to Perform ,
Homeowners ,
Independent Contractors ,
Insurance Claims ,
Insurance Industry ,
Investigations ,
Loans ,
Meeting of the Minds ,
Motion to Dismiss ,
Mutuality ,
Notice Requirements ,
OH Supreme Court ,
Payment Terms ,
Promissory Notes ,
Standard of Review ,
Summary Judgment ,
Third-Party ,
Trade Secrets
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
Statute of Repose-
Wilson v. Durrani, Slip Opinion No. 2020-Ohio-6827
In this appeal, the Supreme Court of Ohio reversed the lower court’s decision, determining that the plaintiffs’ claims were time-barred because Ohio’s...more
Deceptive Trade Practices Act-
Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., Slip Opinion No. 2020-Ohio-5614-
In this appeal, the Supreme Court of Ohio affirmed the lower court’s decision,...more
12/21/2020
/ Appellate Courts ,
Caveat Emptor ,
Mandatory Arbitration ,
Motion for Summary Judgment ,
OH Supreme Court ,
Regulation X ,
RESPA ,
Unfair or Deceptive Trade Practices ,
URLs ,
Waiver of Rights ,
Websites
Objections to Foreign Subpoena-
Byrd v. Lindsay Corp., 7th Dist. Mahoning No. 19 MA 0116, 2020-Ohio-5461-
In this appeal, the Seventh Appellate District affirmed the trial court’s decision and agreed that the documents...more
12/4/2020
/ Appellate Courts ,
Debt ,
Discovery ,
Email ,
Federal Rules of Civil Procedure ,
Foreign Jurisdictions ,
International Litigation ,
Promissory Notes ,
Statute of Frauds ,
Subpoenas ,
Written Agreements
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 interest in a deed subject to the Stranger Rule?
October 15, 2020
Compulsory Counterclaims to foreclosure
Helfinstine v. Wells Fargo Bank, NA, 9th Dist. Summit...more
10/18/2020
/ Admissible Evidence ,
Adverse Possession ,
Appeals ,
Authentication ,
Compulsory Claims ,
Corporate Records ,
Counterclaims ,
Debt Collection ,
Deeds ,
Foreclosure ,
Grantors ,
Remand ,
Reversal ,
State and Local Government ,
Third-Party Relationships ,
Transfer of Title