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Ohio
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February 28, 2024
4 Firms Plan To Co-Lead Suboxone Dental Decay MDL
Attorneys from Peiffer Wolf Carr Kane Conway & Wise LLP and three other law firms have asked an Ohio federal judge to appoint them co-lead counsel for the new multidistrict litigation over opioid addiction treatment Suboxone allegedly causing dental decay, with 14 other firms seeking appointment to plaintiff leadership committees.
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February 28, 2024
Plastic-Maker Says Insurers Must Cover Worker Death Suit
Ohio-based manufacturer Encore Plastics took Travelers Property Casualty Co. of America and American Guarantee & Liability Insurance Co. to federal court, claiming both companies are violating their policies by refusing to defend or indemnify it in an underlying suit over one of its workers' death in an industrial accident.
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February 27, 2024
Mich. AG Backs Abortion Challenge, But Urges Narrow Block
The Michigan attorney general on Tuesday backed a challenge from a group of reproductive healthcare clinics to abortion policies they argue violate the state's constitution, but told a state court that the injunction they requested could have collateral damage and advised a narrow block of the provisions.
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February 27, 2024
Ohio, Google Trade Barbs Over 'Common Carrier' Designation
Google and the state of Ohio have taken aim at each other's dueling motions for summary judgment in a case seeking to have the tech titan's search engine declared a common carrier under state law for the purposes of antitrust regulation.
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February 27, 2024
FTC Puts Labor Focus In Merger Basket For 1st Time
Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.
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February 27, 2024
Hospital Groups Allege Opioid Crisis Damaged Their Finances
More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.
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February 27, 2024
Ex-Ohio Speaker Urges 6th Circ. To Ax His 20-Year Sentence
Former Ohio House Speaker Larry Householder told the Sixth Circuit that it must vacate his 20-year prison sentence for allegedly taking $60 million in bribes from FirstEnergy Corp., in part, because the presiding judge had a potential bias against him for opposing the judge's campaign to join the state's highest court.
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February 26, 2024
Ohio Jury Shuts Down Door Co.'s Patent Defense
Federal jurors in Ohio found that the details in some drawings of "door skins" covered by a trio of design patents were somewhat inconsistent, but they were unpersuaded by a major door manufacturer to invalidate those patents just yet.
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February 26, 2024
'Rebel Alliance' Seeks Court Rescue In Opioid Discovery Clash
A discovery dispute that includes references to the Rebel Alliance in the movie "Star Wars" and accusations of circumventing court rules — in a galaxy closer to Ohio — is headed before a federal judge handling multidistrict litigation over the opioid epidemic.
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February 26, 2024
6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info
A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.
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February 26, 2024
Glass Co. Strikes $5M Deal To End 401(k) Management Suit
A glass container manufacturer will pay $5 million to resolve a proposed class action alleging it loaded its employee retirement plan with costly and underperforming investment options managed by a formerly affiliated company, according to a filing in Ohio federal court.
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February 26, 2024
Ohio Casino Regulator Bans Prop Bets On College Sports
The Ohio Casino Control Commission banned "prop bets," in which gamblers wager on specific players' performance in a given sporting event like total yards run, from being placed on collegiate athletes following a regulatory proposal from the National Collegiate Athletic Association that Gov. Mike DeWine supported.
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February 26, 2024
Railcar Cos. Want Out Of Pa. Schools' Derailment Suit
A trio of railcar companies told a federal court that a group of Pennsylvania school districts can't rope them into litigation over the Norfolk Southern derailment in East Palestine, Ohio, arguing in briefs Friday that the schools didn't sufficiently link them to the harm allegedly suffered from the derailment and chemical spill.
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February 26, 2024
Marshall & Melhorn Seeks Pause To Settle Data Breach Row
Ohio firm Marshall & Melhorn LLC and a proposed class of over 27,000 of its clients affected by a 2021 ransomware attack urged an Ohio federal judge on Friday to institute a pause in the suit so they can reach a settlement with an outside mediator.
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February 23, 2024
Ohio Chamber Backs Google In 'Common Carrier' Case
Ohio's Chamber of Commerce is lining up behind tech behemoth Google in its battle to convince an Ohio court that it is not a common carrier while the state is trying to convince the court that Google is, so it may be banned from preferring its own products in its search results.
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February 23, 2024
Christian Clinic Says Trans Surgery Suit Bolsters Mich. Fears
A Michigan clinic fighting to show it can challenge a state civil rights law it claims would force it to care for transgender patients told the Sixth Circuit that a suit targeting a Colorado children's hospital that stopped providing surgeries for transgender patients underscores how it could come under fire as well.
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February 23, 2024
6th Circ. Backs DOL's Black Lung Benefits Award For Miner
The Sixth Circuit stood by an administrative law judge's ruling that a former coal miner is entitled to black lung benefits even if his long history of smoking might have also contributed to his pneumoconiosis, denying a petition for review from the man's former employer.
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February 22, 2024
Ex-BP Exec's Husband Cops To $1.7M Insider Trading
The husband of a former manager at British oil and gas company BP PLC on Thursday pled guilty to securities fraud in Texas federal court and agreed to forfeit the $1.7 million he made with the help of insider trading, the U.S. Department of Justice said Thursday.
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February 22, 2024
No Partnership In Hot Dog Eatery Deal, NC Court Rules
A restaurateur has beaten a lawsuit that alleged he jilted an associate in a deal to buy hot dog eateries, with North Carolina's business court reasoning the two never had a legally binding partnership.
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February 22, 2024
Wash. AG Can't Go It Alone Against Kroger Merger, Cos. Say
Kroger and Albertsons have urged a judge to toss Washington state's "go-it-alone" bid to block their $24.6 billion merger deal, arguing the anti-competitive concerns raised by the state's attorney general are not a nationwide antitrust issue.
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February 22, 2024
Chamber, Biz Groups Fight Class Cert. In GM Defect Suit
Automotive and product manufacturer associations on Wednesday sided with General Motors in seeking to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying allowing classes to include uninjured drivers would create billions of dollars in unnecessary litigation.
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February 22, 2024
FirstEnergy Faces Renewed Consumer Probes Amid Scandal
The Public Utilities Commission of Ohio has decided to lift its stay on four separate consumer protection investigations into three FirstEnergy Corp. subsidiaries, stemming from corruption surrounding a law paving the way for a $1.3 billion nuclear energy bailout.
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February 22, 2024
B. Riley Stands By Franchise Group Deal After Internal Review
B. Riley Financial reaffirmed its commitment to the $2.6 billion take-private deal for Franchise Group Inc. despite the misconduct of former Franchise Group CEO Brian Kahn, saying on Thursday that its audit committee determined through a nine-week internal review that B. Riley had no knowledge of or involvement in the misconduct.
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February 21, 2024
39 AGs Call For Federal Pharmacy Benefit Manager Reform
The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."
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February 21, 2024
Tribes, Mich., Feds Refute Great Lakes Fishing Challenge
Several Native American tribes, the state of Michigan and the federal government have urged the Sixth Circuit to reject a sport fishing group's attempt to sink a tribal fishing pact for parts of lakes Huron, Michigan and Superior, arguing it strikes an appropriate balance between respecting tribal fishing rights and protecting the Great Lakes fisheries.
Expert Analysis
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.