In a significant federal jurisdiction ruling, the U.S. Court of Appeals for the Sixth Circuit clarified the jurisdictional standards applicable to "mixed actions"—lawsuits that combine requests for both coercive relief (like monetary damages) and noncoercive relief...
Content By Jeff R. Vaisa
Ohio Courts Reinforce Arbitration Provisions Despite Conflict, Missing Signatures and Litigation
Ohio courts are reaffirming a consistent and increasingly important theme: if your contract contains an arbitration clause, expect to be held to it. Three recent appellate decisions—Denham v. Encino Energy, LLC, Carter-Jones Lumber Co. v. Colabianchi Construction,...
Balancing Compliance and Property Rights in the Cleveland Housing Court
Overview In the recent appellate case Cleveland v. City Redevelopment, L.L.C., 2024-Ohio-5213, the Eighth District Court of Appeals addressed the boundaries of community-control sanctions imposed by the Cleveland Municipal Housing Court. The case underscores critical...
Subsurface Trespass Risks: Insights from an Ohio Appellate Court Ruling
The Ohio Seventh District Court of Appeals recently delivered its opinion in Triad Hunter, LLC v. Eagle Natrium, LLC, affirming significant jury awards for Triad Hunter, a natural gas producer, in a dispute over brine cavern intrusion from a neighboring salt mining...
Ohio Court Upholds Acceleration and Non-Mitigation Clauses in Commercial Lease Dispute
A recent Ohio Court of Appeals decision highlighted the importance of strong lease terms in commercial leases. The Commercial Lease Dispute The case, Scott Holding Co., Inc. v. Turbo Restaurants US, LLC, involved a commercial lease dispute concerning an Arby’s...
Cleveland Launches “Residents First” Program: What Residential Landlords Should Expect
In KJK’s prior alert, “Residents First” Proposal Introduced to Cleveland City Council, we discussed the City of Cleveland’s (the “City”) proposed legislation affecting Cleveland’s residential landlords. Since then, legislation passed in 2024, and the City will be...
Sixth Circuit Overturns Arbitration Clause in ERISA Lawsuit Against Kellogg
The Sixth Circuit Court of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966. Case Overview: ERISA Claims Against Kellogg Company In the...
Court Ruling in Ohio Highlights Evolving Non-Compete and Non-Solicit Landscape
As the Federal Trade Commission’s Non-Compete Rule is appealed through the federal courts, a ruling from a court in Cleveland, Ohio, exemplifies how certain courts have recently approached non-compete and non-solicitation agreements. In short, Ohio’s metropolitan...
Protecting Your Company’s Confidential Information: Takeaways from Meta’s Lawsuit Against Its Former Employee
Meta Platforms Inc., the parent company of Facebook, Instagram, and other products, recently filed a lawsuit in a California state court against a former vice president for allegedly taking confidential information from Meta to his new employer, an artificial...
Ohio Liquor Permit Primer
Key Takeaways: Ohio issues three tiers of liquor permits to accommodate different businesses and establishments. A person/business can have only one permit per tier at a time for either manufacturing, wholesale distribution, or retail businesses. While the types of...