Ohio

  • November 27, 2024

    Split Ohio High Court Revives Death Suit Against Pa. Doctor

    An Ohio law that pauses the statute of limitations for lawsuits against parties who leave the state does not violate the dormant commerce clause of the U.S. Constitution because it neither facially discriminates against out-of-state entities nor has some economic protectionist purpose, the state Supreme Court ruled Wednesday.

  • November 27, 2024

    PBM Says Opioid Ruling Ignored High Court's Privilege Stance

    A special master's ruling that internal audit records from Express Scripts Inc. are not protected by attorney-client privilege should be overturned because it contradicts nearly 40 years of U.S. Supreme Court precedent, the pharmacy benefit manager told an Ohio federal court overseeing multidistrict opioid litigation.

  • November 27, 2024

    Kroger Inks $21M Deal With 47K Workers Over Pay Delay

    Approximately 47,000 Kroger employees told an Ohio federal judge Tuesday they've reached a $21 million class action settlement with the grocery giant over claims it either failed to pay them or made inaccurate deductions from their wages after switching to a new timekeeping system that experienced a glitch in 2022.

  • November 27, 2024

    Up Next At The High Court: Transgender Care, Holocaust Art

    The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.

  • November 26, 2024

    Ex-Cleveland Politician Charged With Defrauding Nonprofits

    A former Cleveland city councilor has been charged with conspiring to scam multiple nonprofits out of hundreds of thousands of dollars that he and his romantic partner ended up pocketing through real estate transactions he arranged under the guise of revitalizing the district he represented, Ohio federal prosecutors announced Monday.

  • November 26, 2024

    Macy's Says High Court Ruling Guts DOL's Tobacco Fee Case

    Macy's urged an Ohio federal judge to ax a U.S. Department of Labor claim that the company discriminated against tobacco users by charging them an extra fee through its health insurance plan, arguing that the U.S. Supreme Court's recent Loper Bright ruling disqualifies the agency's regulations at issue.

  • November 26, 2024

    Workers Say Kroger-Albertsons No-Poach Deal Hurt Wages

    A Colorado grocery store employee has filed a putative class action accusing Kroger Co. and Albertsons Cos. Inc. of scheming to suppress workers' wages, alleging in a state court complaint that the grocers entered into an illegal "no-poach" agreement during a 2022 strike.

  • November 26, 2024

    Ohio Vaping Chain Worker Drops Proposed OT Class Action

    An Ohio vape shop worker has dropped her proposed class and collective action accusing her employer of making his employees work 60 to 100 hours per week but then not paying them overtime for their extra labor as required by the Fair Labor Standards Act.

  • November 26, 2024

    EPA Overstepped With Methane Control Rule, DC Circ. Told

    The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.

  • November 26, 2024

    Texas Atty Sanctioned For Citing Bogus Cases After Using AI

    A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.

  • November 26, 2024

    Progressive's $61M 'Total Loss' Deal Gets Approved

    Two Progressive subsidiaries will pay up to $61 million to resolve allegations that car insurance policyholders in Michigan should have been compensated for sales tax and title and registration fees as part of Progressive's payment of claims for totaled vehicles.

  • November 25, 2024

    'Shameful': Dems Rip Credit Bureaus Over Scrapped Hearing

    Democratic senators on Monday lit into the Big Three credit bureaus for allegedly backing out of preelection commitments to testify last week before the Senate Banking Committee, calling the move "shortsighted and shameful."

  • November 25, 2024

    SEC Secured Historic $8.2B Enforcement Haul In 2024

    The U.S. Securities and Exchange Commission obtained $8.2 billion in civil penalties and disgorgement via successful enforcement actions in 2024, the highest amount in the history of the agency despite a significant decline in total enforcement actions, the SEC has announced. 

  • November 25, 2024

    Conn. Athlete Training Firm Ends Feud With Ohio Ex-Worker

    A Connecticut company that orchestrates military-style team-building events for corporations and university athletic teams on Monday settled a short-lived employment lawsuit with an Ohio man it had accused of attempting to poach or meddle with its collegiate accounts in at least seven states.

  • November 25, 2024

    GATX Rips Norfolk Southern's Bid To Shift Derailment Liability

    GATX Corp. and its subsidiary General American Marks Co. have told an Ohio federal court that Norfolk Southern cannot offload liability for the February 2023 East Palestine derailment and toxic chemical spill, saying there's zero evidence GATX improperly maintained or inspected a tank car involved in the accident.

  • November 25, 2024

    TMX Moves For Emergency Block On $52M Pa. Fine Hearing

    An affiliate of TMX Finance asked a Texas federal court to pause Pennsylvania regulators' efforts to enforce the state's anti-usury laws against it, claiming it faced a "Hobson's choice" of responding to an enforcement proceeding whose legality was being questioned, or waiving its arguments and facing a $52.7 million fine.

  • November 25, 2024

    Justices Won't Review Mich. Gun Range Ban

    The U.S. Supreme Court on Monday rejected a proposed gun range's challenge to a Michigan town's zoning denial, denying its petition over Second Amendment protections for firearm training.

  • November 22, 2024

    Real Estate Recap: AI, NY Rent Control, NEPA

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.

  • November 22, 2024

    DACA Recipient Accuses KeyBank Unit Of Immigration Bias

    A KeyBank-owned student loan refinancing and consultation unit was hit with a proposed class action by a Deferred Action for Childhood Arrivals recipient claiming the company uses immigration status as a basis to reject potential customers. 

  • November 22, 2024

    Nissan Automatic Brake Classes Dismantled By 6th Circ.

    A Sixth Circuit panel vacated class certification Friday for Nissan drivers who say their cars' automatic braking system activates unnecessarily, finding the trial judge failed to grapple with software upgrades that may have fixed the alleged flaw for some of the class vehicles.

  • November 22, 2024

    Senior Dem Asks Schumer For Votes On Circuit Court Picks

    Sen. Mazie Hirono, D-Hawaii, a senior member of the Senate Judiciary Committee, on Friday pushed back against a deal Democrats and Republicans cut earlier this week that obligates Democrats to forgo votes on four appellate picks.

  • November 22, 2024

    Insurer Owes $4.5M For Water Damage, Wash. HOA Says

    A Washington state homeowners association told a federal court that its insurer owes over $4.5 million in coverage to repair hidden water damage at its condominium community, arguing that no exclusions, conditions or limitations bar coverage under its policy.

  • November 22, 2024

    3 Takeaways From 6th Circ. ERISA Disability Benefits Revival

    A recent Sixth Circuit ruling that handed a worker a new shot at long-term disability benefits gives a boost to plaintiffs battling caps on coverage for mental health conditions, attorneys say. Here, Law360 looks at three takeaways from the appeals court's decision.

  • November 22, 2024

    Pa. Rate Deal Halves FirstEnergy's $502M Customer Hike Bid

    FirstEnergy will be able to increase its base electrical rates in Pennsylvania to bring in an additional $225 million in annual revenue starting in 2025 — less than half of the rate hike the company initially proposed, according to a settlement approved by the state's Public Utility Commission.

  • November 21, 2024

    FirstEnergy Investors Slam Ex-Execs' Info 'Bogeyman' Story

    FirstEnergy shareholders have accused two former executives of the energy company of exploiting confidentiality rules by seeking to shield documents relevant to their suit over a stock plummet that followed a massive bribery scheme, telling an Ohio federal judge he should reject the executives' "informational bogeyman" story.

Expert Analysis

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 6th Circ. Ruling Prevents Disability Insurer Overreach

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    The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • How Property Insurance Coverage Shrank After The Pandemic

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    Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.

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