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April 29, 2024
Ohio Call Center Worker Says Energy Co. Stiffed OT Wages
Dominion Energy Ohio required its call center workers to do between 10 and 40 minutes of pre-shift work without paying them for it, according to a new proposed collective action filed in Ohio federal court.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Wash. Judge Doubts He Can Block Kroger Merger
A Washington state judge expressed "serious doubts" Friday he could block the $24.6 billion Kroger and Albertsons merger but declined to dismiss the state attorney general's lawsuit seeking to derail the deal, saying that the state still had more narrowly tailored remedies to address its anti-competition concerns.
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April 26, 2024
Judge Made Right Call To Save DHS Parole Program, Feds Say
The Biden administration has assured a Texas federal judge that he made the right call tossing a lawsuit that Republican-led states launched challenging a parole program for Cubans, Haitians, Nicaraguans and Venezuelans, saying evidence showed that the program didn't financially harm the states.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
Pa. Regulators To Probe FirstEnergy's $503M Rate Hike Bid
The Pennsylvania Public Utility Commission is opening an investigation into a FirstEnergy unit's proposed annual rate increase that would boost its revenue by over $503 million and raise consumer power bills in four districts by between 9.2% and 11.8%, according to a new order from the regulator.
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April 25, 2024
Joann Fabric Wins Confirmation Of Prepackaged Ch. 11 Plan
Joann Inc., parent company of retailer Joann Fabric and Crafts, received a Delaware judge's approval of its prepackaged Chapter 11 plan Thursday that will lighten its debt load by $505 million.
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April 25, 2024
WWE Shareholders Combine Chancery TKO Merger Suits
Delaware's Court of Chancery will decide this summer whether teams led by Block & Leviton, Bernstein Litowitz or Robbins Geller will represent World Wrestling Entertainment Inc. stockholders in a consolidated class suit against founder Vincent McMahon and others over the company's $21 billion merger with the Endeavor Group.
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April 25, 2024
Ohio Deer Repellent Co. Hit With Trade Secrets Suit In NJ
A New Jersey deer repellent company claims that an Ohio company, which was formerly a licensee, is stealing trade secrets by continuing to use its proprietary techniques and procedures after the licensing agreement lapsed.
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April 25, 2024
Panel Backs Gas Station's Win In Drunken Driving Death Suit
An Ohio state appeals court has upheld the dismissal of a lawsuit over the deaths of two young men in a drunken driving crash, saying the alcohol seller can't be liable under Ohio's Dram Shop Act because the purchaser wasn't the driver.
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April 24, 2024
Condo Group Says Insurer Is Blowing Off Wind, Hail Damage
Greater New York Mutual Insurance Co. has moved to federal court an Ohio non-profit condominium community's state court lawsuit accusing it of lowballing the group's wind and hail damage costs and then refusing to engage in their agreed-upon appraisal process.
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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.
Expert Analysis
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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FLRA Ruling May Show Need For Congressional Clarification
With its recent decision in The Ohio Adjutant General's Department v. Federal Labor Relations Authority, the U.S. Supreme Court took a somewhat behavioral approach in determining that the guard acted as a federal agency in hiring dual-status technicians — suggesting the need for ultimate clarification from Congress, says Marick Masters at Wayne State University.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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Cos. Shouldn't Alter Noncompete, Severance Agreements Yet
Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Beware Patchwork Of State NIL Laws For Student-Athletes
With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.
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When Are Cos. Liable For Building Customers' Designs?
The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.