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
Discovery Rule under UTSA New Technology Products v. Scotts Miracle-Gro., 3d Dist. Union No. 2022-Ohio-3780.
In this appeal, the Third Appellate District affirmed the trial court’s decision to grant summary judgment to...more
11/1/2022
/ Collateral ,
Coronavirus/COVID-19 ,
CSPA ,
Default ,
Misappropriation ,
Offer of Judgment ,
OH Supreme Court ,
Restrictive Covenants ,
Revocable Trusts ,
Trade Secrets ,
Unjust Enrichment ,
UTSA
Ohio-
Implied Warranty Banks v. Shark Auto Sales LLC, 11th Dist. Trumbull, No. 2022-Ohio-3489-
In this appeal, the Eleventh Appellate District reversed the trial court’s judgment in favor of the plaintiff on her vehicle...more
10/11/2022
/ Automotive Industry ,
Breach of Contract ,
Creditors ,
Debtors ,
Deeds ,
Executory Contracts ,
FCCPA ,
Perfected Security Interest ,
Policies and Procedures ,
Public Policy ,
Revocation ,
Void Contracts ,
Warranties
Ohio-
Assignee of Contract-
Auto Loan, Inc. v. Sisler, 11th Dist. Portage No. 2022-Ohio-3282.
In this appeal, the Eleventh Appellate District reversed the trial court’s decision finding that the plaintiff was not an...more
9/23/2022
/ Appellate Courts ,
Assignees ,
Contract Modification ,
Equitable Lien ,
Good Faith ,
Jurisdiction ,
Mortgages ,
Promissory Notes ,
Retail Installment Sales Contracts ,
Statute of Frauds ,
Subrogation ,
Trade Secrets ,
Uniform Commercial Code (UCC)
Unambiguous Contract Language-
Lake Breeze Condo. Homeowner’s Ass’n v. Eastlake Ohio Developers, LLC, 11th Dist. Lake No. 2022-Ohio-3002.
In this case the Eleventh Appellate District affirmed in part and reversed in...more
9/8/2022
/ Bankruptcy Code ,
Beneficiaries ,
Breach of Contract ,
Conversion ,
Debtors ,
Declaratory Judgments ,
Easements ,
FL Supreme Court ,
Homeowners Association (HOA) ,
Safe Harbors ,
Sherman Act ,
Written Agreements
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
You are likely aware that the Fair Credit Reporting Act (FCRA) 15 USC 1681 et. seq. requires furnishers of information to report the information accurately. Recently, several payment rating/account status cases have been...more
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-
Uniform Trade Secrets Act Sal’s Heating & Cooling, Inc. v. Bers Acquisition Co., 8th Dist. Cuyahoga No. 110685, 2022-Ohio-1756-
In this appeal, the Eighth Appellate District affirmed the trial court’s decision,...more
6/13/2022
/ Adobe ,
AT&T ,
Attorney's Fees ,
Breach of Contract ,
Class Action ,
Credit Unions ,
De Facto Injury ,
Declaratory Relief ,
E-Signatures ,
Fiduciary Duty ,
Financial Institutions ,
Investment ,
Landlords ,
Leases ,
Misappropriation ,
OH Supreme Court ,
Overdraft Fees ,
Portfolio Companies ,
Rebuttable Presumptions ,
Res Judicata ,
Trade Secrets ,
Unfair or Deceptive Trade Practices ,
Uniform Trade Secrets Acts
Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488-
In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more
5/18/2022
/ Acceptance ,
Appellate Courts ,
Attorney's Fees ,
Auction ,
CSPA ,
Double Recovery ,
FCCPA ,
Foreclosure Sales ,
Fraudulent Transfers ,
Goods or Services ,
Homeowners Association (HOA) ,
Injunctions ,
Intervention Notices ,
Jury Trial ,
Loans ,
Mortgages ,
Reinstatement ,
Settlement ,
Statute of Limitations ,
Voluntary Dismissals
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
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
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
On October 28, 2021, the Eleventh Circuit vacated its April 21, 2021 opinion (Hunstein I) that had sent shockwaves through the debt collection industry and substituted a new Opinion (Hunstein II) in its place...more
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
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
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®