Benesch

Expect a Mess When Food and Class Actions Collide: Part 1

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Conflict of Laws

Supreme Court Upholds Decision to Vacate NLRB Order Due to Improper Appointment of NLRB General Counsel

On March 21, 2017, the Supreme Court upheld an August 2015 opinion by the D.C. Circuit under the Federal Vacancies Reform Act holding that former acting National Labor Relations Board General Counsel Lafe Solomon improperly…more
| Civil Procedure, Elections & Politics, Labor & Employment Law

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017. Of the “ayes,” 227 were Republican and three were Democrats;…more
| Civil Procedure, Elections & Politics

The House Has Passed H.R.725: The Innocent Party Protection Act

On March 9, 2017, at 7:19 p.m., by a vote of 224 to 194, with eleven members not voting, the House of Representatives passed The Innocent Party Protection Act. All 227 “ayes” were Republicans, and of the nays (or “noes,” as the…more
| Civil Procedure, Elections & Politics

The House Has Passed H.R.985: The Fairness in Class Action Litigation Act of 2017

On March 9, 2017, at 6:53 p.m., by a vote of 220 to 201, with seven abstentions, the House of Representatives passed The Fairness in Class Action Litigation Act of 2017. All 220 “ayes” were Republicans and of the “nays,” 187…more
| Civil Procedure, Elections & Politics

A Heartfelt Class Action

Few class actions tug at the heart, but Blevins v. Aksut does. Elizabeth Blevins and 180 others brought a class action in Alabama state court against Seydi V. Aksut, M.D., alleging that “after an examination, Doctor Aksut…more
| Civil Procedure, Health, Professional Malpractice

Cat Breeders, Fancy Feast, and Gravity: Seventh Circuit Vacates Certification of Classes of Dissatisfied Buyers

On March 6, 2017, the Seventh Circuit Court of Appeals vacated a district court’s certification of eight separate classes against Allergan and other defendants under an Illinois and Missouri statute. Eike v. Allergan, Inc., No…more
| Civil Procedure, Science, Computers, & Technology

NAFTA Watch - March 2017

This publication is designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump Administration, Congress and/or federal…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade

On Second Thought, DOL Proposes 60-Day Delay to Fiduciary Rule Applicability Date

On March 1, 2017, the Department of Labor’s (DOL) issued a proposed rule to extend the Fiduciary Rule applicability date by 60 days. The current applicability dates for the Fiduciary Duty Rule and prohibited transaction…more
| Finance & Banking, Labor & Employment Law

Ohio GOP Bill Would Give Counties, Cities Option on Paying Prevailing Wages

Ohio’s counties and cities would have the ability to decide whether they want to pay state-mandated prevailing wages on taxpayer-funded projects, or allow contractors to bid on projects without such requirements, under a bill…more
| Construction Law, Elections & Politics, Government Contracting, Labor & Employment Law

To Delay or Not to Delay (the Fiduciary Duty Rule), That is the Question

This morning, the Office of Management and Budget (OMB) concluded its review of a proposed regulation entitled “Delay of Applicability Date” that would effectively delay the implementation of the Fiduciary Duty Rule (Rule)…more
| Elections & Politics, Finance & Banking, Labor & Employment Law

QSEHRA Notice Requirement Deadline Suspended

In an effort to provide small employers with additional time to furnish the required QSEHRA initial written notice, Treasury and IRS have suspended the deadline until further guidance has been issued that will include a revised…more
| Business Organizations, Labor & Employment Law, Taxation

A Tale of Attorneys’ Fees

The backdrop is simple: Mistras Group operates a business that evaluates the structural integrity of energy, industrial and public infrastructure. Two plaintiffs brought a class and collective action against Mistras in the…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Lessons from November and December of 2016 That Will Help You Get Off to a Great Start in 2017

From the time that I was in elementary school through my years in law school, my grandfather always stressed the importance of getting off to a good start each new academic year. The importance of a good start is just as…more
| Commercial Law & Contracts, Construction Law

Class Certification Upheld in Ohio “Noxious Odors” Lawsuit

Plaintiffs, seven in all, resided in Garfield Heights, Ohio. They sued various defendants, including the City of Garfield Heights, alleging “that noxious odors in their neighborhood affected the use and enjoyment of their…more
| Civil Procedure
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Cleveland, OH 44114-2309, United States

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