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337 results found

Article

Bahret & Associates LLC | USA | 13 Mar 2020

Reversible Error to Sidestep Fee-Shifting Provision of Settlement Agreement

In a dispute over an alleged breach of a settlement agreement, a court cannot sidestep a feeshifting provision in the agreement by saying that both…
Article

Troutman Pepper | USA | 15 Apr 2019

Federal Court Clarifies Banks' Obligations Under Appendix Q

The U.S. District Court for the Southern District of Ohio recently issued a landmark decision regarding the reasonableness of a bank's reliance on…
Article

Ulmer & Berne LLP | USA | 7 Nov 2018

Ohio Supreme Court Clarifies the Definition of “Participating in or Aiding” Securities Fraud

In a recent landmark decision, the Ohio Supreme Court declared that R.C. 1707.43 does not impose joint and several liability on a custodian of a…
Article

Taft Stettinius & Hollister LLP | USA | 2 Oct 2018

The Limits of No Damages for Delay Clauses in Ohio

In 1998, the Ohio legislature enacted Revised Code 4113.62 declaring the very common “no damages for delay clause” void as against public policy…
Article

Vorys Sater Seymour and Pease LLP | USA | 1 Oct 2018

Ohio Supreme Court Continues to Address Community Bill of Rights Cases

On September 21, 2018, the Ohio Supreme Court held in State ex rel. Twitchell et al. v. Saferin et al., that the Lucas County Board of Elections (BOE)…
Article

Faegre Drinker Biddle & Reath LLP | USA | 13 Jun 2018

Testimonial Evidence Sufficient to Defeat Class Certification: Court Denies Class Cert on Basis of Defendant’s Testimony Regarding Its Compliant Practices

The Southern District of Ohio recently denied class certification because the defendant’s unrebutted testimony—which established that its procedures…
Article

McGuireWoods LLP | USA | 30 May 2018

Federal Court Applies Privilege Axioms That Many Clients Misunderstand

Some clients who have not been adequately advised by their lawyers think that writing "privileged" on a document makes it so, or that copying a lawyer…
Article

Troutman Pepper | USA | 25 Apr 2018

Ohio Court Throws Out FCRA Case Based on Initial Grade

A Plaintiff’s putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., has been…
Article

Vedder Price PC | USA | 16 Apr 2018

U.S. District Court Grants Defendants’ Motion for Summary Judgment in Section 36(b) Excessive Fee Suit

On March 9, 2018, the U.S. District Court for the Southern District of Ohio (the Court) granted the defendants’ motion for summary judgment in a suit…
Article

Bracewell LLP | USA | 9 Apr 2018

Court Provides Further Clarity Regarding Scope of FERC’s Enforcement Authority

On March 30, 2018, the U.S. District Court for the Southern District of Ohio issued an opinion granting in part and denying in part motions to dismiss…
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