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April 24, 2024
Biden's Latest Judge Picks Include Blocked US Atty Nom
President Joe Biden announced seven judicial nominee picks on Wednesday, including one for the Northern District of Illinois, which covers Chicago, whom he previously nominated to be U.S. attorney for the district, but has been held up by a Republican senator.
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April 24, 2024
Ohio Law Formally Excuses Nursing Moms From Jury Duty
Prospective jurors who are nursing infants can avoid jury duty in Ohio, according to a bill Ohio Gov. Mike DeWine signed into law this week.
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April 23, 2024
Doctor Renews $20M Claim His Hospital Made Up 25 Murders
An Ohio physician accused of 25 counts of murder and found guilty of none just renewed his $20 million malicious-prosecution suit against Trinity Health Corp., the parent company of his former employer, claiming that the company misled prosecutors to get him indicted as a distraction from the internal issues of the hospital where he worked.
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April 23, 2024
Justices Probe NLRB's Burden In Starbucks' Injunction Appeal
The U.S. Supreme Court appears likely to hold that the courts' traditional factors apply when the National Labor Relations Board pursues injunctions, though it's unclear from Tuesday's argument how closely it will direct courts to examine a key factor: the strength of the board's case.
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April 23, 2024
Nonprofit Hit With $960K Verdict In Ohio Child Death Case
An Ohio jury on Tuesday decided Catholic Charities Corp. must pay $960,000 to a woman who accused it of reckless negligence for failing to supervise an employee who allegedly lied about checking in on her 5-year-old nephew for months before he was found in a shallow grave.
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April 23, 2024
Expert Doc's License Probation Upends $6.5M Med Mal Verdict
An Ohio state appeals panel has vacated a $6.5 million verdict in a medical malpractice trial by a son alleging a doctor and hospital are responsible for his mother contracting deadly pneumonia, saying the trial court should have allowed the defense to cross-examine the plaintiff's expert on a prior probation of his medical license.
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April 23, 2024
Cleveland-Cliffs Execs Say US Steel-Nippon Deal Is 'Dead'
Cleveland-Cliffs Inc. executives said Tuesday that U.S. Steel is "denying reality" as it continues to pursue its $14.9 billion sale to Japan's Nippon Steel, suggesting that the deal is effectively "dead" following President Joe Biden's opposition to it and that the Ohio-based steel manufacturer remains the only viable buyer.
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April 23, 2024
6th Circ. Backs Dykema's Win In Ex-Secretary's Age Bias Suit
The Sixth Circuit won't reinstate a former Dykema legal secretary's age discrimination case, saying Tuesday she failed to show that her supervisor — whom she accused of giving her adult diapers for her 50th birthday and frequently asking her if she planned to retire — had anything to do with her firing.
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April 22, 2024
Ohio AG Slams Halt Of Transgender Care, Youth Sports Limits
Ohio Attorney General Dave Yost argued Monday in an emergency motion with the Ohio Supreme Court that the lower-court judge overstepped his authority when halting a bill, in its entirety, that would limit transgender care and participation in youth sports in the state.
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April 22, 2024
6th Circ. Backs Ohio City's Win In COVID Layoff Age Bias Suit
The Sixth Circuit affirmed the dismissal of an Ohio public service commissioner's bias suit alleging he was swept up in a round of layoffs because of his older age, ruling Monday that the city showed COVID-19-related budget concerns drove its decision-making, not prejudice.
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April 22, 2024
Opioid Marketer Completes $1.5M Damages Settlement With Del.
Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.
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April 22, 2024
Ohio College Settles Athlete's Down-Syndrome Bias Suit
Ohio's Hocking College has settled a discrimination lawsuit filed by the mother of the first college football player with Down syndrome to score during a game, following accusations his former supervisor at the student recreation center threatened him with a knife.
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April 22, 2024
Hyundai, Kia Drivers Want $13M Fees In Car Theft Defect Deal
A consumer class of Hyundai and Kia drivers who claimed that the companies knowingly sold them cars with defects that made them easy to steal asked a California federal judge for final approval of their $145 million deal, with $13.4 million in fees, after an objector said the deal wasn't enough.
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April 22, 2024
Clothing Retailer Express Inc. Hits Ch. 11 With Sale Offer
Fashion retailer Express Inc. filed for Chapter 11 protection Monday in Delaware to help tame roughly $1.2 billion in debt, saying it has an offer from a group of buyers for the majority of its assets, including its retail store locations.
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April 19, 2024
Colo. Won't 'Defer' To Feds In Kroger-Albertsons Merger Suit
Colorado's attorney general has defended his decision to file a case seeking to block a $24.6 billion merger between the supermarket chains Kroger and Albertsons, telling a state court judge that nothing requires him to "defer to federal enforcers."
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April 19, 2024
Tattoo Artist Loses IP Trial Against NBA 2K Video Game Cos.
An Ohio federal jury on Friday found in favor of the makers of the video game series NBA 2K, which were accused by a tattoo artist of infringing copyrights he has on tattoos that he inked on LeBron James and other basketball players.
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April 19, 2024
Pa. AG Charges Shell With Hiding Pipeline Pollution Spills
Pennsylvania Attorney General Michelle Henry announced Friday that she has charged a Shell subsidiary in state court, saying the company did not tell the state's Department of Environmental Protection about pollution problems it encountered while building a 45-mile pipeline in the Keystone State.
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April 19, 2024
Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban
In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.
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April 18, 2024
6th Circ. Axes Ex-Perrigo Worker's Drug Test Firing Suit
The Sixth Circuit refused to reinstate a bias suit from a worker who said drugmaker L. Perrigo Co. unlawfully fired him after lip balm caused him to test positive for marijuana, saying he didn't show that age or disability discrimination motivated the decision to let him go.
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April 18, 2024
25 States Urge DC Circ. To Block EPA Auto Emissions Rules
Twenty-five Republican-led states on Thursday called for the D.C. Circuit to vacate the U.S. Environmental Protection Agency's rule requiring reductions in greenhouse gas emissions from cars, trucks and vans through 2032.
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April 18, 2024
Ohio Ex-Atty Gets Prison For Bilking Real Estate Clients
A former real estate attorney has been sentenced to four to six years of prison on charges he used his title company to steal from clients, the Ohio attorney general's office said Thursday.
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April 18, 2024
NCAA Reforms Division I Transfer Rule, Upgrades NIL Policy
The NCAA Division I Council voted unanimously to allow certain transferring student-athletes to be immediately eligible to play on the teams of their new schools, following a multistate antitrust lawsuit challenging current restrictions.
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April 18, 2024
Deals Rumor Mill: Tapestry-Capri, StubHub IPO, Salesforce
The FTC is preparing to sue to block Tapestry's $8.5 billion takeover of designer brands' owner Capri, StubHub is eyeing a summer IPO at an estimated $16.5 billion valuation, and Salesforce is making a play to acquire data-management software firm Informatica. Here, Law360 breaks down these and other notable deal rumors from the past week.
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April 18, 2024
Red Roof Franchise Co. Settles IP Fight With Motel Operator
Red Roof Inn's Ohio-based location franchising company and the Toledo motel operator it accused of still using the hospitality chain's branding almost two years after its franchise agreement was terminated have agreed to settle the intellectual property dispute between them, according to a new joint notice.
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April 17, 2024
Missouri Moves To Block Biden's Student Loan Relief Plan
A Missouri-led state alliance wants a federal court to block further student loan relief planned by the Biden administration, claiming the president's lending forgiveness scheme will cost them hundreds of millions of dollars and is doomed to fail under U.S. Supreme Court precedent.
Expert Analysis
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Pending 6th Circ. Ruling Has Broad Class Action Implications
If the Sixth Circuit decides in FirstEnergy Corp. Securities Litigation to treat alleged half-truths as omissions for the purposes of class certification, public companies would be exposed to near-automatic class certification in nearly every securities case and would face steeper evidentiary hurdles at the merits stages, say attorneys at Willkie.
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Ohio Rulings Are Cautionary Tales For Attorneys In Crisis
Two recent decisions from Ohio state courts provide a sobering reminder that a counsel’s personal emergencies will not always suffice to alter court deadlines or excuse procedural missteps, and that prompt communication and documentation are crucial in the Buckeye State and beyond, says L. Bradfield Hughes at Porter Wright.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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FLSA Collective Actions: Are Courts Still Dancing The 2-Step?
In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.