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April 04, 2024
Fifth Third Hit With Fee Suit Over Bounced Check Deposits
Cincinnati-based Fifth Third Bank NA got hit with a proposed class action alleging it charges consumers unlawful fees when they try to deposit a check that bounces, with three customers arguing they got unfairly punished for someone else giving them a bad check without their knowledge.
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April 04, 2024
Wash. AG Defends Authority To Block Kroger-Albertsons Deal
The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.
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April 04, 2024
MV Realty Abusing Ch. 11 Process, Bankruptcy Court Told
State prosecutors, federal agencies and consumer advocates have told a Florida bankruptcy judge that MV Realty is using the Chapter 11 process to avoid enforcement and enshrine a set of predatory agreements designed to extract millions in junk fees from homeowners over the next 40 years.
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April 03, 2024
6th Circ. Won't Revive RV Driver's Ford Chassis Warranty Suit
A Sixth Circuit panel has found that a lower court was correct to rule in favor of Ford Motor Co. in a potential class action claiming it is responsible for fixing alignment issues in recreational vehicles built with the car company's chassis.
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April 03, 2024
Hospital Workers' Vax Free Speech Suit Falls Flat At 6th Circ.
The Sixth Circuit backed the dismissal of two workers' claims that a children's hospital violated their constitutional rights when it rejected their religious objections to a COVID-19 vaccine mandate, saying Wednesday they failed to show the hospital was a government actor.
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April 03, 2024
Amazon Book Scammer Can't Trim Prison Time
The Sixth Circuit affirmed a 16-year prison sentence Tuesday for a man who scammed Amazon by renting textbooks from the e-commerce giant and then selling them at a profit, ultimately costing Amazon approximately $3.2 million.
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April 03, 2024
5 Hotel Cos. Defeat Trafficking Claims, 2 Others Settle
An Ohio federal judge gave five hospitality companies early wins against a sex trafficking survivor's liability claims and dismissed two others following undisclosed settlement agreements, bringing an end to the survivor's suit alleging the companies should have seen warning signs and prevented what happened to her.
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April 02, 2024
Transportation Department Finalizes New Train Crew Size Rule
The U.S. Department of Transportation's Federal Railroad Administration on Tuesday finalized a rule requiring freight trains to be operated with at least two people, forging ahead with a mandate long supported by rail workers' unions and safety advocates, but one that major rail carriers have decried as unnecessary and costly.
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April 02, 2024
Ohio Regulator Urges Justices To Review FERC Deadlock Rule
The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.
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April 02, 2024
Another Judge Says Feds Overstepped With GHG Rule
A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.
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April 01, 2024
6th Circ. Judge Warns Of 'Trap' In Medical Malpractice Laws
The Sixth Circuit has backed an Ohio federal judge's decision to toss a couple's claim against a doctor they say failed to provide proper prenatal care that could have prevented their child's brain damage, with one judge writing separately that the relevant laws can easily "trap unwary litigants" with their requirements.
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April 01, 2024
FDIC Dings 2 More Banks Over 3rd-Party Relationships
The Federal Deposit Insurance Corp. has ordered an Ohio community bank and a New York digital "hybrid" bank to strengthen their oversight of business partners, the latest in the agency's recent spate of enforcement actions over banks' management of their third-party relationships with financial technology firms and other outside companies.
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April 01, 2024
Lack Of Full Transcript Dooms Med Mal Verdict Appeal
An Ohio state appeals panel has affirmed a verdict clearing a doctors' group from a woman's malpractice suit, saying without a full transcript of the trial, it can't conclude that the court was wrong to block her from presenting certain pieces of evidence.
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April 01, 2024
Ex-Teacher, District Seek Wins In Pronoun Policy Bias Suit
A former teacher and the Ohio school district she accused of forcing her to resign after she refused to use the preferred names and pronouns of her transgender students each filed briefs urging a Buckeye State federal judge to grant them early wins.
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March 29, 2024
Ohio Abortion Providers File Suit Over 24-Hour Wait Period
A group of Ohio organizations filed a lawsuit Friday on behalf of abortion providers in the state, arguing certain longstanding abortion regulations violate amendments made to the state's constitution in November that protect access to abortion care.
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March 29, 2024
Ohio School Beats Race Bias Suit Over Pandemic Layoffs
The University of Akron defeated a lawsuit alleging it targeted two finance professors for layoffs during the pandemic because one is Black and one is Asian, with an Ohio federal judge ruling Friday that the academics relied on faulty statistical analysis to back up their claims.
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March 29, 2024
Liberty Units Lose $13.3M Motel Murder Coverage Bid
CNA and Chubb units have no duty to reimburse two Liberty Mutual units for a $13.3 million judgment stemming from a motel murder, an Ohio federal court ruled, saying no bad faith claim was asserted against the Liberty Mutual units triggering their errors and omissions policies.
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March 29, 2024
Sweeping Class Certified In Nationwide Pension Plan Suit
More than 50,000 participants in a Nationwide pension plan can proceed as a class with claims that the company unlawfully transferred assets from the plan to a company subsidiary, as an Ohio federal judge ruled that questions about Nationwide's conduct outweigh differences among participants.
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March 29, 2024
US Steel-Nippon Merger Gets Thumbs Up From ISS, Glass Lewis
U.S. Steel said Friday that proxy advisory firms Glass Lewis & Co. and Institutional Shareholder Services have recommended that U.S. Steel shareholders vote in favor of its planned $14.9 billion sale to Nippon Steel Corp.
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March 29, 2024
8 States Seek $122M After Robocaller Allegedly Ignored Ban
Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 28, 2024
Red Roof Inns Must Face Ohio Sex Trafficking Suits
Red Roof Inns Inc. can't escape nine lawsuits over its purported role in sex trafficking, an Ohio federal judge ruled Thursday, saying the anonymous victims met pleading standards to allege the hotel chain knowingly made money through their victimization.
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March 28, 2024
Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs
Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.
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March 28, 2024
Former Prison Contractor Must Pay $112K, 6th Circ. Says
The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision ordering a former Federal Bureau of Prisons contractor and a Michigan halfway house to pay around $112,000 to two fired workers, supporting the agency's conclusion that the entities are liable for back pay.
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March 28, 2024
Ohio Justices Split On Attorney's Sanction For Hiding His Past
The Ohio Supreme Court has given a Cleveland attorney a six-month stayed suspension for omitting information in his application for a physician assistant license about multiple name changes and prior proceedings against him for having child pornography on his computer, which he had created via photo editing to demonstrate a point while serving as a defense expert.
Expert Analysis
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Federal Policies Keeping Autonomous Vehicles In Slow Lane
In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.
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The Case For Culture Assessments In Sports Programs
As hazing allegations against collegiate sports teams and subsequent lawsuits become more prevalent, culture assessments can be implemented as a critical tool to mitigate risks including hazing, lack of gender equity and racism in athletic programs, say attorneys at Squire Patton.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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How Attys Can Weather The Next Disaster Litigation Crisis
On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Corporate Compliance Lessons From FirstEnergy Scandal
Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.