Marking a significant development for the cannabis industry both in the state of Florida and throughout the U.S., an initiative will appear on the November 5, 2024, ballot in Florida, which could amend its constitution to...more
Governor Ron DeSantis made headlines in 2022 when he signed into law several bills intended to curb a “woke agenda” from “taking over our schools and workplaces.” One of these bills, Stop the Wrongs to Our Kids and Employers...more
On January 8, 2024, the Kentucky Cabinet for Health and Family Services (Cabinet) published its long-anticipated first proposed set of medical marijuana regulations. These proposed regulations set forth the operating...more
Hanneman Family Funeral Home & Crematorium v. Orians, Slip. Op. 2023-Ohio-3687.
In this discretionary appeal, the Ohio Supreme Court clarified what constitutes a trade secret under Ohio’s Uniform Trade Secrets Act and...more
10/20/2023
/ Americans with Disabilities Act (ADA) ,
Avoidance ,
CSPA ,
Foreclosure ,
Former Employee ,
Health Insurance ,
HUD ,
OH Supreme Court ,
Title I ,
Tort Claims Act ,
Trade Secrets ,
Unfair or Deceptive Trade Practices
The cannabis industry, just like any other industry, requires insurance coverage. Insurance is often required for plant-touching businesses such as growers, processors, and dispensaries and is well-advised for ancillary...more
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
6/22/2023
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Civil Rights Act ,
Controlled Substances Act ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Marijuana ,
Popular ,
Prescription Drugs ,
THC ,
Title VII
States Regulating Marijuana Use Off-Site and At Work-
While states continue to regulate employers’ right to refuse to hire, discipline, or terminate employees based on their on- and off-duty marijuana use, some legal tools...more
Recently an individual employed by Trulieve Inc., who was responsible for grinding and handling cannabis at Trulieve’s cultivation site in Massachusetts, died due to asthma-related complications following exposure to...more
With an increasing number of states passing laws protecting employees who utilize marijuana, employers throughout the country are presently tasked with redesigning their marijuana-related policies and practices to avoid the...more
1/30/2023
/ Americans with Disabilities Act (ADA) ,
Ban the Box ,
Civil Rights Act ,
Convictions ,
Corporate Counsel ,
Drug Testing ,
Employment Discrimination ,
Employment Policies ,
Marijuana ,
OSHA ,
Policies and Procedures ,
Title VII ,
Wage and Hour
On January 5, 2023, the Federal Trade Commission (FTC) followed up on President Biden’s July 9, 2021 Executive Order requesting a broad ban on employer non-compete agreements. The proposed rule, based on the proposition that...more
We often look to the federal judiciary as the gold standard of American jurisprudence. State courts frequently find federal opinions persuasive. Confirmation hearings for federal judges are televised. Indeed, the federal...more
11/10/2022
/ Agricultural Sector ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Controlled Substances Act ,
Employment Discrimination ,
Fair Labor Standards Act (FLSA) ,
Federal Judiciary ,
Judges ,
Marijuana ,
Medical Marijuana ,
State Courts ,
Title I ,
Title II ,
Title III ,
Title VII
How are these developments with cryptocurrencies and decentralized finance going to impact areas that range from insurance to employment to litigation?
In this episode of the More with McGlinchey podcast, attorneys Aaron...more
On October 6, 2022, President Biden took his first steps to overhaul federal policy on marijuana. In doing so, he pardoned individuals with federal offenses for simple marijuana possession and initiated review as to how the...more
On its face it appears to be counterintuitive: United States federal courts recognizing and enforcing workplace rights for employees working in an illegal industry. After all, we would not expect a judge to lend a sympathetic...more
8/19/2022
/ Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Cannabis-Related Businesses (CRBs) ,
Civil Rights Act ,
Discrimination ,
Employee Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Illegal Drugs ,
Race Discrimination ,
Sexual Harassment ,
Title VII
Ohio-
In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note was rendered moot because the debtor’s debt was...more
7/27/2022
/ Commercial Contracts ,
Conversion ,
Debt ,
FACTA ,
Mootness ,
Motion to Dismiss ,
Personal Property ,
Promissory Notes ,
Standing ,
Trade Secrets ,
Wrongful Acts
Fair Debt Collection Practices Act-
In this appeal, the Court of Appeals for the Sixth Circuit reversed and remanded the District Court for the Northern District of Ohio’s decision, finding the debt collector violated the...more
7/11/2022
/ Apex Doctrine ,
Breach of Contract ,
Communications Decency Act ,
Condition Precedent ,
Coronavirus/COVID-19 ,
Corporate Officers ,
Debt Collection ,
Debt Collectors ,
Defamation ,
Depositions ,
Disclosure ,
False Statements ,
FDCPA ,
Financial Reporting ,
Financial Services Industry ,
Foreclosure ,
Post Judgment Discovery ,
Premature Claims ,
Statute of Limitations ,
Summary Judgment ,
Waivers
Ohio-
Excess Sale Proceeds Royal Oaks Landmark, LLC v. Royal Oak Cal, LLC, 12th Dist. Clermont No. CA2021-06-025, 2022-Ohio-1144-
In this appeal, the Twelfth Appellate District affirmed the trial court’s decision,...more
4/25/2022
/ Admissibility ,
Arbitration ,
Breach of Contract ,
Cause of Action Accrual ,
Contract Interpretation ,
Debtors ,
Depositions ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FL Supreme Court ,
Foreclosure ,
Hearsay ,
Job Duties ,
Lienholders ,
Mortgages ,
Over-Time ,
Purchase Agreement ,
Statute of Limitations
Major airlines and airports are dropping their mask requirements following a federal court ruling that struck down the federal government’s mask mandates for public transportation.
How Did We Get Here?
The Centers for...more
Ohio-
Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952-
In this appeal, the Tenth Appellate District affirmed the trial court’s decision, agreeing that...more
4/7/2022
/ Arbitration ,
Attorney's Fees ,
CAFA ,
Deeds ,
Discovery ,
Fair Labor Standards Act (FLSA) ,
Florida ,
Grantors ,
Interpleaders ,
Leases ,
Liens ,
OH Supreme Court ,
Oil & Gas ,
Remand ,
Restaurant Industry ,
Service Charges ,
Sua Sponte ,
Tips ,
Trade Names ,
Unfair or Deceptive Trade Practices
Ohio-
Statute of Frauds-
Kopsky v. MURrubber Technologies, Inc., 9th Dist. Summit Nos. 29867, 29984, 2022-Ohio-511-
In this appeal, the Ninth Appellate District affirmed the trial court’s decision, agreeing that the...more
3/15/2022
/ Arbitration Agreements ,
Attorney's Fees ,
Breach of Contract ,
Business Judgment Rule ,
Class Certification ,
Contract Terms ,
Expert Witness ,
Liens ,
Merger by Deed ,
OH Supreme Court ,
Settlement Proposals ,
Statute of Frauds
McGlinchey’s Commercial Law Bulletin is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand our Commercial Law Bulletin from its...more
2/28/2022
/ Adequacy Requirement ,
Breach of Duty ,
Class Certification ,
Debtors ,
Default Judgment ,
Duty of Care ,
Fiduciary Duty ,
Foreclosure ,
Personal Jurisdiction ,
Personal Liability ,
Predominance Requirement ,
Property Owners ,
Publication Requirement ,
Settlement Agreements ,
Statute of Limitations
Ohio-
Tortious Interference Gerace v. Biotheranostics, Inc., 8th Dist. Cuyahoga No. 110440, 2022-Ohio-302-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that an employer...more
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
1/31/2022
/ Alter Ego ,
Bad Faith ,
Corporate Veil ,
Default Judgment ,
Employer Liability Issues ,
Joint Ownership ,
Non-Compete Agreements ,
OH Supreme Court ,
Personal Property ,
Pre-Employment Agreements ,
Restrictive Covenants ,
Sovereign Immunity ,
Vicarious Liability
The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more
1/11/2022
/ Attorney's Fees ,
Breach of Contract ,
Commercial Property Owners ,
Competition ,
Contract Interpretation ,
Contract Terms ,
CSPA ,
Debt ,
Deposit Accounts ,
Exclusive Use ,
Extended Warranties ,
Forum Selection ,
Fund Transfers ,
Landlords ,
Nursing Homes ,
Promissory Estoppel ,
Rules of Civil Procedure ,
Subcontractors ,
Summary Judgment ,
Tenants ,
Third-Party ,
Unjust Enrichment
Ohio-
RESPA Actual Damages-
Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more
12/14/2021
/ Appellate Courts ,
Attorney's Fees ,
Business Interruption ,
Contract Claims ,
Coronavirus/COVID-19 ,
Exclusions ,
FL Supreme Court ,
Implied Contract ,
Insurance Claims ,
Mortgage Loan Officer ,
Personal Jurisdiction ,
Policy Exclusions ,
Property Damage ,
Qualified Written Requests ,
RESPA