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...
Litigation & Arbitration
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of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966.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...
Find Your Own Beach: Corona Brand Owner Sues Distributor Over Imitated Brews
The beer industry may be booming, but it’s also under attack from a growing menace: imitation brands. Counterfeit products and "knock-off" brands don’t just threaten the revenue of legitimate brands – they can seriously damage. Consumers who unknowingly buy these...
Ohio Supreme Court’s Decision on Same-Juror Rule: What It Means for Negligence Lawsuits
On September 5, 2024, the Supreme Court of Ohio issued a ruling addressing the application of the same-juror rule in negligence cases in Hild v. Samaritan Health Partners, deciding whether the defendant-hospital was negligent in its care of the plaintiff. The...
Liability for Bones in Boneless Wings? Not According to the Ohio Supreme Court
Eight years ago, a customer ordered "boneless wings" at a restaurant. He experienced discomfort and later developed a bacterial infection in his thoracic cavity, leading to serious and ongoing medical issues. Doctors discovered a tear in his esophagus caused by a 5...