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...
Litigation & Arbitration
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...
A Rise in ‘Nuclear’ Jury Verdicts: Up 300% Despite Tort Reform
Judges and juries are doing what they can to punish bad actors across industries, in spite of legislative efforts to limit the same. Ohio’s Efforts to Limit Nuclear Verdicts In 2005, the Ohio General Assembly enacted tort reform by codifying R.C. 2315.18 (B)(2). That...
SCOTUS Reverses Ruling Limiting the Government’s Communication with Social Media Companies
MURTHY v. MISSOURI This past week, the United States Supreme Court held that two states – Missouri and Louisiana – and several private individuals did not have standing to obtain an injunction against the United States government to prevent the government from...
A $13.85 Million NIL Deal Gone Wrong: Jaden Rashada Sues University of Florida
On May 21st, Jaden Rashada, a former top college football prospect, filed a lawsuit against prominent figures associated with the University of Florida (UF) football program, including UF coach Billy Napier, because of a failed name, image, and likeness (NIL) deal....