Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more
5/6/2025
/ Class Action ,
Constitutional Challenges ,
Consumer Protection Laws ,
Consumer Reporting Agencies ,
Damages ,
Fair Credit Reporting Act (FCRA) ,
Litigation Strategies ,
SCOTUS ,
Statute of Limitations ,
Summary Judgment ,
Truth in Lending Act (TILA)
Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business.
...more
4/1/2025
/ Appeals ,
Arbitration ,
Class Action ,
Consumer Protection Laws ,
Debt Collection ,
Fair Credit Reporting Act (FCRA) ,
Jurisdiction ,
Landlords ,
Lemon Laws ,
Litigation Strategies ,
Mortgages ,
Summary Judgment
Arsenis v. M&T Bank is a tale of two cases. The bank brought an action against Ms. Arsenis to foreclosure on a mortgage loan in New Jersey Superior Court. Through a combination of defenses and counterclaims in the foreclosure...more
2/5/2025
/ Abstention ,
Appeals ,
CARES Act ,
Compliance ,
Coronavirus/COVID-19 ,
FDCPA ,
Federal Arbitration Act ,
Financial Institutions ,
Foreclosure ,
Jurisdiction ,
Litigation Strategies ,
Mortgage Lenders ,
Mortgages ,
New Jersey ,
Popular ,
Remand ,
RESPA ,
Summary Judgment
On June 21, 2024, the Ohio Second Appellate District reversed a trial court decision granting plaintiff summary judgment in a residential foreclosure action, finding that a competing lienholder’s discovery request for...more
On May 20, 2024, the United States District Court for the Southern District of New York issued a decision holding that legal fees resulting from violations of the Fair Debt Collection Practices Act (FDCPA) constitute a...more
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment, finding, among other things, that equitable estoppel was a defense, not affirmative cause of action....more
3/11/2024
/ Appellate Courts ,
Arbitrators ,
Binding Agreements ,
Collateral Estoppel ,
Commercial Litigation ,
Contract Terms ,
Equitable Estoppel ,
Fraud ,
Fraudulent Transfers ,
Mandatory Arbitration Clauses ,
Non-Compete Agreements ,
Non-Signatories ,
Settlement Agreements ,
Summary Judgment ,
Unconscionable Contracts
Conditions Precedent-
In this appeal, the Eighth Appellate Court affirmed in part the trial court’s determination that Defendant breached its contract with Plaintiff disagreeing with Defendant-appellant that Plaintiff failed...more
1/29/2024
/ Appellate Courts ,
Arbitration Agreements ,
Breach of Contract ,
Class Action ,
Class Certification ,
Commercial Arbitration ,
Commercial Contracts ,
Commercial Litigation ,
Counterclaims ,
Equitable Estoppel ,
Forfeiture ,
Lack of Jurisdiction ,
Lien Release ,
Motion to Dismiss ,
Non-Signatories ,
Summary Judgment
Unjust Enrichment-
CPC Parts Delivery, LLC v. Ohio Bureau of Workers’ Comp., Tenth Appellate District Franklin County (Ohio Ct. App. 2024)
In this appeal, the Tenth Appellate Court in Franklin County affirmed in part the...more
1/17/2024
/ Breach of Contract ,
Class Action ,
Land Titles ,
Long Arm Statute ,
Mortgage Lenders ,
Personal Property ,
Release Agreements ,
Replevin ,
Settlement Agreements ,
Summary Judgment ,
Unjust Enrichment ,
Workers’ Compensation
Assumption of the Risk-
Smith v. Be Fit with Michelle, LLC, 11th Dist. Lake, No. 2023-Ohio-3118.
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant summary judgment...more
9/12/2023
/ Asset Recovery ,
Assumption of the Risk ,
Commercial Litigation ,
Commercial Loans ,
Default ,
Insurance Claims ,
Lis Pendens ,
Negligence ,
Proof of Fault ,
Public Adjusters ,
Retaliation ,
Summary Judgment ,
Termination ,
Wage and Hour ,
Workers' Compensation Claim
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 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
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
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
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
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
The Bullet Point: An Ohio Commercial Law Bulletin May 20, 2020 In this appeal, the Eleventh Appellate District affirmed the trial court’s decision finding that the defendants did not waive the defense of lack of personal...more
5/20/2020
/ Appeals ,
Breach of Contract ,
Fraudulent Concealment ,
Future Claims ,
Lack of Jurisdiction ,
Lemon Laws ,
Personal Jurisdiction ,
Release of Liability ,
Reversal ,
State and Local Government ,
Statute of Limitations ,
Summary Judgment ,
Tolling ,
Voluntary Dismissals