Ohio-
Enforceability of Arbitration Agreement-
Bryan Costin v. Midwest Vision Partners LLC., 8th Dist. Cuyahoga No. 112651, 2024-Ohio-463.
The Eighth District Court of Appeals recently affirmed the trial court’s ruling...more
2/19/2024
/ Arbitration Agreements ,
Breach of Contract ,
Commercial Litigation ,
Consumer Protection Laws ,
CSPA ,
Damages ,
Debt ,
Employment Contract ,
Enforceability ,
Foreclosure ,
Motion to Compel ,
Oral Contracts ,
Pre-Employment Agreements ,
Promissory Notes ,
Statute of Frauds ,
Statute of Limitations ,
Tortious Interference ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
Fraudulent Transfer-
Leonard Holdings, Inc. v. Rohaley, 11th District Lake County, 2023-Ohio-4096-
In this appeal, the Eleventh Appellate District affirmed the trial court’s decision to grant the defendant’s motion for...more
12/5/2023
/ Attorney's Fees ,
Burden of Proof ,
Class Action ,
Creditors ,
Debtors ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Foreclosure ,
Forum Selection ,
Fraudulent Transfers ,
Motion for Summary Judgment ,
Unclean Hands ,
Unjust Enrichment
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
Ohio-
Conversion-
Bradford v. A Star Properties, LLC, 9th Dist. Summit No. 2023-Ohio-3451- In this appeal, the Ninth Appellate District affirmed the trial court’s decision to grant defendants judgment on a claim for...more
9/29/2023
/ Arbitration ,
Causation ,
Commercial Litigation ,
Contract Price ,
Contract Terms ,
Conversion ,
Documentation ,
Fair Market Value ,
FDUTPA ,
Florida ,
Foreclosure ,
Indemnification ,
Liens ,
Notice Requirements ,
OH Supreme Court ,
Property Owners ,
Third-Party ,
Unjust Enrichment ,
Written Agreements
Marchbanks v. Ice House Ventures, LLC, Slip. Op. No. 2023-Ohio-1866.
In this discretionary appeal, the Ohio Supreme Court reversed the appellate court’s ruling, finding that an enforceable settlement agreement existed,...more
6/23/2023
/ Attorney's Fees ,
Bad Faith ,
Breach of Contract ,
Defamation ,
False Statements ,
Final Judgment ,
Foreclosure ,
Mortgages ,
Offer of Judgment ,
OH Supreme Court ,
Punitive Damages ,
Settlement Agreements ,
Statute of Limitations
Ohio-
Statute of Limitations Under FDCPA-
Bouye v. Bruce, 6th Cir. Nos. 21-6195/22-5016 (Mar. 1, 2023).
In this appeal, the Sixth Circuit reversed in part the district court’s decision, finding that a claim brought...more
3/15/2023
/ Arbitration ,
Debt Collection ,
Derivative Suit ,
FDCPA ,
Federal Arbitration Act ,
Foreclosure ,
Forum Selection ,
Good Faith ,
Guaranty Claims ,
Investigations ,
Sheriffs Sale ,
Statute of Limitations ,
Waivers
Ohio-
Non-Signatory Compelling Arbitration Duff v. Christopher, 11th Dist. Lake, No. 2023-Ohio-349.
In this appeal, the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision compelling...more
Ohio-
Liquidated Damages-
Pacetti’s Apothecary v. Rebound Bracing & Pain Sol. Inc., 2d Dist. Greene, No. 2023-Ohio-93.
In this appeal, the Second Appellate District affirmed the trial court’s decision finding that a late...more
1/23/2023
/ Breach of Contract ,
Commercial Litigation ,
Contract Terms ,
FACTA ,
FDUTPA ,
Foreclosure ,
Injury-in-Fact ,
Liquidated Damages ,
Misrepresentation ,
Performance Standards ,
Prevailing Party ,
Promissory Notes ,
Successor Liability ,
Unfair or Deceptive Trade Practices
In this discretionary appeal, the Ohio Supreme Court outlined when and in what circumstances an equitable lien may arise.
The Bullet Point:
A lien is “‘a hold or claim which one person has upon the property of another as...more
Ohio-
Public Records Law-
The State Ex Rel. Ames, Appellant, v. Baker, Dublikar, Beck, Wiley & Mathews et al., Slip Op. 2022-Ohio-3990.
In this mandamus action to the Ohio Supreme Court, the Court found that Ohio’s...more
Claim to excess funds in foreclosure-
In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower? Here,...more
8/22/2022
/ Debtors ,
Foreclosure ,
Forum Non Conveniens ,
Higher-Priced Mortgage Loans ,
Injunctions ,
Interest Rates ,
Jury Duty ,
Lienholders ,
Mortgages ,
Ownership Rules ,
Personal Property ,
Rules of Civil Procedure ,
Standing
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
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
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
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®
Alert October 23, 2020 Due to the economic impacts of COVID-19, many states have issued moratoriums on foreclosures and evictions. Some of those moratoriums have expired. However, even if a lender is now able to obtain a...more
10/23/2020
/ Administrative Orders ,
Borrowers ,
California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Delinquent Borrowers ,
Emergency Orders ,
Eviction ,
Executive Orders ,
Florida ,
Foreclosure ,
Hardship Extensions ,
Lenders ,
Moratorium ,
Mortgage Lenders ,
New York ,
Residential Property Owners ,
State and Local Government ,
Texas
Florida’s Governor Desantis has extended Executive Order Number 20-180 to 12:01 a.m. on October 1, 2020. The Executive Order, titled “Limited Extension of Mortgage Foreclosure and Eviction Relief” provides, in relevant...more
9/5/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Florida ,
Forbearance Agreements ,
Foreclosure ,
Governor DeSantis ,
Landlords ,
Lenders ,
Moratorium ,
Mortgage Lenders ,
State and Local Government ,
Tenants ,
Texas ,
Time Extensions
Two federal enterprises who purchase and securitize mortgages, Fannie Mae and Freddie Mac, along with three federal agencies who make, guarantee, and insure mortgage loans, the Department of Housing and Urban Development...more
8/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Veterans Affairs ,
Executive Orders ,
Fannie Mae ,
Federal Housing Administration (FHA) ,
FHA Loans ,
Foreclosure ,
Freddie Mac ,
HUD ,
Loan Servicer ,
Loan Servicing ,
Moratorium ,
Mortgages ,
Relief Measures ,
State and Local Government ,
Time Extensions ,
USDA ,
Vacant Properties