Ohio

  • December 20, 2023

    Top Product Liability Cases Of 2023

    A $6 billion settlement that put to rest the historically enormous litigation over 3M's combat earplugs, trial victories for Tesla over its Autopilot technology and a Sixth Circuit decision that undid a multimillion-dollar plaintiff class alleging harm from "forever chemicals" made Law360's top product liability cases for 2023.

  • December 20, 2023

    3 Former US AGs Back Ohio Pol's Bribery Appeal

    Three former U.S. attorneys general are backing a Cincinnati city councilor's appeal of his bribery conviction, arguing in a new amicus brief that the Supreme Court requires an explicitly stated quid pro quo to convict an elected official for bribery through campaign contributions. Otherwise, they say, commonplace solicitations from politicians can be considered criminal.

  • December 20, 2023

    Ohio Justices Order Cedar Fair Cops To Produce Assault Docs

    The Ohio Supreme Court ruled Wednesday that the security force at amusement park Cedar Point must produce documents that local media requested on injuries and sexual assaults at the park, because its police are the "functional equivalent of a public institution," but it split on whether the broadcasters deserve damages.

  • December 20, 2023

    Sport Fishers Say Tribes' Pact Threatens Great Lakes

    An organization representing sport fishers told the Sixth Circuit a new fishing pact between tribes and the state of Michigan lacks guardrails to prevent overfishing and endangers the Great Lakes fisheries.

  • December 20, 2023

    Full 6th Circ. Won't Review OSHA's Constitutionality

    The full Sixth Circuit won't revisit an August panel's finding that the Occupational Safety and Health Administration's authority to set "reasonably necessary or appropriate" workplace safety standards is constitutional, rejecting on Wednesday a general contractor's bid for en banc review.

  • December 20, 2023

    High Court To Hear Arguments On EPA Smog Plan

    The U.S. Supreme Court on Wednesday ordered oral arguments in four related disputes over whether the U.S. Environmental Protection Agency can implement a plan to reduce cross-state pollution amid legal challenges, saying the cases will be heard in February.

  • December 19, 2023

    14 States File Amicus In Puerto Rico Utility's Bond Fight

    Attorneys general from 14 states have filed an amicus brief in an appeal of the Puerto Rico Electric Power Authority's bankruptcy plan in the First Circuit, arguing eliminating bondholders' security interest in future revenues would undermine municipal bond markets nationwide.

  • December 19, 2023

    Former Geico Agents Turn To 6th Circ. In Misclassification Suit

    A group of former Geico agents asked the Sixth Circuit to review an Ohio federal court's decision to toss their suit against the insurer, which centered on claims that they were denied benefits because they were misclassified as independent contractors.

  • December 19, 2023

    The States That Legalized Pot In 2023, And One That Didn't

    The year 2023 marked the first time since cannabis was made federally illegal in the U.S. that a majority of Americans now live in a state or territory where it has been legalized for recreational use for adults 21 and over.

  • December 19, 2023

    FERC Will Rethink Wall Street Utility Ownership Rules

    The Federal Energy Regulatory Commission on Tuesday said it would re-examine its policy for allowing financial firms such as BlackRock Inc., Vanguard Group Inc. and State Street Corp. to own electric utilities.

  • December 19, 2023

    US Steel Faces Bipartisan Backlash Over $14.9B Nippon Deal

    When U.S. Steel agreed to sell to Japan's Nippon Steel Corp. in a $14.9 billion deal, CEO David B. Burritt called the combination "best for all," but a growing bipartisan effort says it's actually bad for both American workers and the U.S. trade deficit. 

  • December 19, 2023

    Google Must Add Play Store Options In $700M Deal With AGs

    State attorneys general set a $700 million price on their deal resolving antitrust claims over Google LLC's control over the Play Store for Android apps on Tuesday, under a previously announced settlement that also requires the tech giant to permit alternative billing options that can circumvent its up-to-30% commissions.

  • December 18, 2023

    HHS Says Chambers Have No Place In Drug Price Dispute

    Local business groups still haven't explained why they have a stake in Medicare's effort to negotiate lower prices with drugmakers, the U.S. Department of Health and Human Services said in a federal filing in Ohio Friday. 

  • December 18, 2023

    Kentucky Urges 6th Circ. To Revive WOTUS Suit

    Kentucky on Monday urged the Sixth Circuit to revive its lawsuit challenging the federal government's controversial rule defining its jurisdiction under the Clean Water Act.

  • December 18, 2023

    Shuttered Ohio Deli Hit With Wage Suit After 67-Year Run

    Famous and now-shuttered Jewish deli Corky and Lenny's has been accused of docking its workers' pay for lunch breaks they did not take and failing to pay proper overtime rates, with the proposed class action coming just days after the Ohio deli ended 67 years in operation.

  • December 18, 2023

    Nippon Wins US Steel Bidding Battle With $14.9B Deal

    Milbank and Wachtell-advised U.S. Steel on Monday agreed to be sold to Japan's Nippon Steel Corp., represented by Ropes & Gray LLC, in a $14.9 billion deal that ends a monthslong battle in which multiple suitors sought to buy U.S. Steel.

  • December 15, 2023

    Parents Can't Fault Kids' Deaths On Evenflo Car Seat

    An Ohio state appeals court said it found no errors in a trial court's order granting summary judgment to Evenflo Co. Inc. in a lawsuit claiming a defective buckle in a car seat it manufactured failed to properly release and caused the deaths of two children in a horrific North Carolina car fire.

  • December 15, 2023

    Tribe-Linked Usury Lender Must Face RICO Claim In Va. Court

    Loan financier Matt Martorello cannot object to a Virginia venue for a proposed class action over his alleged role in a usurious "rent-a-tribe" lending scheme despite the state's plaintiffs withdrawing after a $43 million class judgment was entered against Martorello in a separate but related case, a Virginia federal judge ruled.

  • December 15, 2023

    Amendment Sinks Ohio AG's Bid To Resume Abortion Limits

    Ohio's Supreme Court on Friday dismissed state Attorney General Dave Yost's bid to unfreeze a highly restrictive abortion law, following voters' passage of an amendment to the state constitution guaranteeing the right to abortion.

  • December 15, 2023

    EPA Poised To Study Safety Of Chemical In Ohio Derailment

    The U.S. Environmental Protection Agency is planning to fast-track new health risk evaluations for five chemicals, including vinyl chloride, a substance that raised alarm after the Norfolk Southern train wreck in East Palestine, Ohio, earlier this year.

  • December 15, 2023

    Motley Rice 'Weaponized' Gov. Info For Opioid MDL, PBM Says

    An online pharmacy defending itself amid multidistrict litigation launched by state attorneys general over the opioid epidemic urged a federal judge Friday to disqualify Motley Rice LLC, saying the plaintiffs' firm "weaponized" confidential information it received while investigating on behalf of the government.

  • December 14, 2023

    Ohio Clinics Double Down On Suit Over 6-Week Abortion Ban

    A group of abortion clinics on Thursday urged an Ohio state court to permanently block the state's currently inactive "heartbeat" law, which banned abortions after six weeks, saying it's unconstitutional under a new amendment to the state constitution guaranteeing a right to an abortion.

  • December 14, 2023

    Sens. Blast SEC For Likely Delay On Human Capital Proposal

    Two top Democrats in the U.S. Senate on Thursday pushed the U.S. Securities and Exchange Commission to move "as quickly as possible" to put forward a proposal on so-called human capital, saying that current rules are too limited and vague.

  • December 14, 2023

    Shkreli's Lifetime Pharma Ban Goes Too Far, 2nd Circ. Told

    An attorney for former pharmaceutical executive and convicted securities fraudster Martin Shkreli asked a Second Circuit panel to lift a lifetime industry ban on his client, saying it steps on Shkreli's First Amendment rights and bars him from other, unrelated sectors.

  • December 14, 2023

    Home Depot Brings $50M Data Breach Loss To 6th Circ.

    Home Depot urged the Sixth Circuit to reverse a lower court's ruling that its insurers don't owe over $50 million in coverage for defense and settlement costs for a 2014 data breach, maintaining that the court incorrectly applied the policies' electronic data exclusion to bar coverage.

Expert Analysis

  • Opinion

    States Must Fight Predatory Real Estate Listing Agreements

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    As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • What 6th Circ. Ruling May Portend For PFAS Coverage Cases

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    The Sixth Circuit's recent decision in Admiral Insurance v. Fire-Dex, rejecting the insurer's attempt to avoid coverage, shows that federal courts may decline to resolve novel PFAS state-law issues, and that insurers may have less confidence than originally intimated in the applicability of the pollution exclusion to PFAS claims, say attorneys at Hunton.

  • How To Avoid A Zombie Office Building Apocalypse

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    With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Ohio Tax Talk: Building On Federal Affordable Housing Credit

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    Ohio's soon-to-be-implemented low-income housing tax credit could significantly affect the state's affordable housing landscape and influence tax-credit deal financing for these projects, though Senate changes may have dampened the new credit's immense potential, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 6th Circ. FLSA Class Opt-In Ruling Levels Field For Employers

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    By rejecting the established approach for determining whether other employees are similarly situated to the original plaintiffs in a Fair Labor Standards Act suit, the Sixth Circuit in Clark v. A&L Homecare reshaped the balance of power in favor of employer-defendants in FLSA collective actions, say Melissa Kelly and Gregory Abrams at Tucker Ellis.

  • High Court Cert Denial Puts New Spotlight On Plea Bargains

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    The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

  • Diacetyl Jury Verdicts Fuel Continued Flavoring Litigation

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    As litigation concerning widely used flavoring ingredients, especially diacetyl, has grown — targeting manufacturers of products ranging from microwave popcorn to e-cigarettes — and recent trials have resulted in plaintiff verdicts, it is important for companies to review all flavors used in their products, and the regulations that apply, says Jennifer Steinmetz at Tucker Ellis.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Ohio's Adoption Of EPA Rules Will Aid Hazardous Waste Cos.

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    Ohio's recent adoption of a new hazardous waste rules package aligned with federal standards will significantly improve operations for waste handling and transportation businesses operating in the state by simplifying the permitting process, say attorneys at Vorys.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

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