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
On November 5, 2021, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) issued the Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination (CMS Mandate), which...more
Ohio-
Insurance coverage for data breach-
Emoi Servs., LLC v. Owners Ins. Co., 2d Dist. Montgomery No. 29128, 2021-Ohio-3942 In this appeal, the Second Appellate District reversed and remanded the trial court’s...more
11/30/2021
/ Appellate Courts ,
Comity ,
Cyber Attacks ,
Data Breach ,
Easements ,
Endorsements ,
Foreclosure ,
Foreclosure Sales ,
Insurance Industry ,
Promissory Notes ,
Ransomware ,
Res Judicata ,
Right of Redemption
Ohio-
Restrictive Covenants-
New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more
11/9/2021
/ Affirmative Use Deed Restrictions ,
Article III ,
Bonuses ,
Debt Collection ,
Debt Collectors ,
Disclosure ,
Expert Witness ,
Fair Labor Standards Act (FLSA) ,
FDCPA ,
Foreclosure ,
Homeowners ,
Homeowners Association (HOA) ,
Property Owners ,
Property Tax ,
Punitive Damages ,
Restrictive Covenants ,
Salary/Wage History ,
State Treasurers ,
Third-Party
Ohio-
Statute of Frauds-
TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
10/25/2021
/ Appellate Courts ,
Arbitration Agreements ,
Coronavirus/COVID-19 ,
Creditors ,
Declaratory Relief ,
Enforcement ,
Federal Arbitration Act ,
Final Judgment ,
Foreclosure ,
Jurisdiction ,
Loan Modifications ,
OH Supreme Court ,
Oral Contracts ,
Priority Rules ,
Settlement Agreements ,
Statute of Frauds ,
Tax Certificates
Is your business ready to weather another Covid-19 storm?-
On October 12, 2021, the Occupational Safety and Health Administration (OSHA) submitted its draft of the proposed enforcement standards to the White House’s Office...more
10/14/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Executive Orders ,
Governor Abbott ,
Joe Biden ,
OMB ,
OSHA ,
Popular ,
Religious Beliefs ,
Vaccinations ,
Virus Testing
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
10/8/2021
/ Abandonment ,
Appraisal ,
As-Is Clauses ,
Breach of Contract ,
Breach of Warranty ,
Consumer Reports ,
Extended Warranties ,
Fair Credit Reporting Act (FCRA) ,
Fraudulent Investment ,
Investment ,
Motor Vehicles ,
Oral Contracts ,
Ponzi Scheme ,
Property Tax ,
Property Valuation ,
Statute of Limitations ,
Tobacco Litigation
HIPAA privacy rules do not prevent employers and businesses from asking employees and visitors about their COVID-19 vaccination status, the government recently reiterated.
In guidance issued on September 30, 2021, the U.S....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
9/23/2021
/ Arbitration ,
Cancellation of Debt (COD) ,
Coronavirus/COVID-19 ,
Debt Collection ,
Denial of Rehearing ,
Fair Credit Reporting Act (FCRA) ,
FL Supreme Court ,
Foreclosure ,
Injunctions ,
Motion to Compel ,
Offer of Judgment ,
Residential Property Owners ,
Robocalling ,
TCPA ,
Technology ,
Zoom®
As part of the broad Executive Order on Promoting Competition in the American Economy issued Friday, July 9, 2021, President Biden is requesting that the Federal Trade Commission (FTC) ban or limit non-compete agreements. The...more
On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarified how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act...more
In the time of Coronavirus, with many municipalities implementing restrictions on business and individual activity, employers may be anxious to return to normal operations, with staff onsite, as soon as possible. With...more
1/27/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Exemptions ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Webinars ,
Workplace Safety
In the time of Coronavirus with many municipalities implementing restrictions on business and individual activity, employers are anxious to return to normal operations with staff onsite as soon as possible. With vaccines...more
1/13/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Title VII ,
Vaccinations ,
Workplace Safety
On January 7, 2021, the U.S. Department of Labor (DOL) issued a final rule that clarifies how employers should determine who is an independent contractor and who is an employee for purposes of the Fair Labor Standards Act...more
On December 22, 2020, the Department of Labor (DOL) announced its final rule modifying federal regulations regarding compensation for tipped employees.
This new rule follows 2018 federal legislation which amended the Fair...more