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...
Litigation & Arbitration
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...
Changes to Ohio’s Home Construction Law: Benefits and Burdens for Remodelers and Consumers
Ohio made a significant change to its law governing home construction services, introducing an amendment that impacts both contractors and homeowners. House Bill 50 (H.B. 50), signed by Governor Mike DeWine in June 2024, added several key terms to the Home...
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of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966.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...
The Cleveland Browns’ Battle Over Ohio’s Modell Law and Future Stadium Plans
On October 24, 2024, the Cleveland Browns filed a preemptive lawsuit in the United States District Court, Northern District of Ohio, seeking a declaratory judgment to strike down Ohio’s "Modell Law" as unconstitutional. Such a declaration may permit the Browns to move...
TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?
On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting Americans from Foreign Adversary Controlled...
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...
What Happens When the Court That Ordered Arbitration Lacked Jurisdiction In the First Place?
Once is legally interesting, twice is a trend, and three times is a message. In the last seven years, at least three federal appeals courts (two very recently) have held, following an arbitration ordered by a district court, that the lower court had no jurisdiction...