Sixth Circuit Holds That Ascertainability Not a Requirement in Rule 23(B)(2) Class Actions

On October 17, 2016, in a case of first impression, the Sixth Circuit held that ascertainability is not a requirement in Federal Rule of Civil Procedure 23(b)(2) class actions. The Sixth Circuit joined three other Circuits and…more
| Civil Procedure, Civil Remedies

Nationwide Moves for Reconsideration Following Sixth Circuit’s revival of Data Breach Class Action

On September 26, 2016, Nationwide Mutual Insurance Co. (“Nationwide”) petitioned the Sixth Circuit Court of Appeals to reconsider its September 12, 2016 ruling that revived a class action arising out of Nationwide’s 2012 data…more
| Civil Procedure, Constitutional Law, Privacy, Insurance

New Win for Old Spice

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. They…more
| Civil Procedure, Civil Remedies, Personal Injury, Products Liability

Coming Up This Term from SCOTUS

One class action-related case, so far: Microsoft v. Baker, case no. 15-457, on certiorari from the Ninth Circuit. The issue: “Whether a federal court of appeals has jurisdiction under both Article III and 28 U.S.C. § 1291 to…more
| Civil Procedure, Constitutional Law, Science, Computers, & Technology

3D Printing Quarterly Report: Q3 - 2016

Study offers plan to make Northeast Ohio region the Silicon Valley of 3D printing - A report from the Youngstown Business Incubator and America Makes in Youngstown and Team NEO and Magnet in Cleveland offers a plan to…more
| Construction Law, Health, Science, Computers, & Technology, Transportation, Government Contracting

Hot Pocket: Samsung Galaxy Note 7 Recall Highlights Risk of Lithium Batteries During Air Transportation

Air transportation of lithium ion batteries recently garnered significant attention due to events following reports of the Samsung Galaxy Note 7’s batteries overheating, catching fire, and even exploding. See Samsung Recalls…more
| Products Liability, Science, Computers, & Technology, Transportation

Setting The Table - October 2016: The Buck Starts Here - What Shippers and Brokers Must Do to Comply with FSMA’s Sanitary Transportation Rule

In Spring 2016, the FDA released its long-awaited Final Rule on Sanitary Transportation of Human and Animal Food (the “Rule”). The regulation, which constitutes one of seven final rules implementing the Food Safety and…more
| Agriculture, Consumer Protection, Transportation

President Obama’s Latest Executive Order: Required Paid Sick Leave for Federal Contractors and Subcontractors

By President Obama’s September 7, 2016 Executive Order, federal contractors and subcontractors will now be required to provide paid sick leave to their employees beginning on January 1, 2017. The Department of Labor (DOL)…more
| Government Contracting, Labor & Employment Law

The Hazy Rollout of Ohio’s Medical Marijuana Control Program (MMCP)

When Ohio House Bill 523 (HB 523) became effective on September 8, 2016, Ohio joined the company of 25 other states, the District of Columbia, and several U.S. territories that have legalized cannabis for medicinal purposes…more
| Commercial Law & Contracts, Elections & Politics

3D Printing: What it Means To Manufacturers Who Want To Sell Replacement Parts in a Digital Ecosystem

Among the next generation of 3D printing patents that will soon expire are key patents for metal-based printing processes. The patents’ expiration will almost certainly result in significant price reductions for 3D printers in…more
| Intellectual Property, International Law & Trade, Science, Computers, & Technology

InterConnect Flash No. 56 - IC Classification Claims Preempted by Federal Truth-In-Leasing Regulations

We first reported on the Remington v. J.B. Hunt, Inc. case last year in Flash No. 46. Based on the First Circuit Court of Appeals’ decision in Massachusetts Delivery Ass’n v. Coakley, 769 F.3d 11 (1st Cir. 2014) (“MDA”),…more
| Conflict of Laws, Labor & Employment Law, Transportation

InterConnect - Fall 2016

In May 2016, the Department of Labor released its long-awaited Final Rule on changes to the Fair Labor Standards Act (FLSA). The Final Rule—which will take effect in three months—will impact transportation employers nationwide,…more
| Commercial Law & Contracts, Conflict of Laws, Labor & Employment Law, Maritime Law, Transportation

Holiday Help for Hanjin Headaches: A Few Practical Pointers

As most readers are aware, Hanjin Shipping Co. Ltd. (“Hanjin”) commenced insolvency proceedings in South Korea on August 31, 2016. Shippers, motor carriers, transportation intermediaries, and others are scrambling to react to…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, International Law & Trade, Transportation

Perspectives - August/September 2016

We’ve all heard about India’s rape crisis, but not everyone knows that it’s the result of the larger problem of gender inequality. According to UNICEF, India is the worst place to be born a girl. The birth of a baby girl is…more
| Business Organizations, Nonprofit Law, Taxation

Now You See Them, Now You Don’t: Longstanding Terms of the NMFC’s Uniform Bill of Lading Vanish

On July 14, 2016, the National Motor Freight Traffic Association (“NMFTA”) published a supplement that changed the terms and conditions of the Uniform Straight Bill of Lading (“USBL”) published in the National Motor Freight…more
| Transportation
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