In a recent blog post, I discussed how Ohio’s federal courts reached opposite conclusions on whether COVID-19 can cause a direct, physical loss under a business’ insurance policy. In Neuro-Communication Servs, Inc. v. Cincinnati Ins. Co., Judge Benita Y. Pearson certified this unresolved question to Ohio’s highest court. No. 4:20-cv-01275, p. 2 (N.D. Ohio Jan. 19, 2021).…
On April 9, 2021, Jeff Ireland, Jason Palmer, and Melissa Watt prevailed on an appeal as the Second District Court of Appeals affirmed an overall judgment of nearly $3.5 million.  Harris v. Sunsong Holdings, Inc., 2021-Ohio-1213 (2d Dist.).  Faruki’s client, Sunsong Holdings, Inc. was sued to enforce a purchase agreement and for breach of contract, conversion, tortious interference with contract, breach of fiduciary duty, and fraudulent inducement, all stemming from a 2015 acquisition of a Dayton…
Supreme Court opinions on civil procedure really only garner attention and excitement from a select group of lawyers and academics, but the opinion in Ford Motor Co. v. Montana Eighth Judicial District could signal the beginning of a shift in specific jurisdiction that will have far reaching consequences.  In this case, Ford sought to inject a proximate cause consideration into the minimum contacts test that determines whether a court has specific jurisdiction over a claim.…
On March 16, 2021, Governor DeWine signed into Ohio law Senate Bill 13, the full title of which is “To amend sections 2305.03, 2305.06, 2305.07, and 2505.11 and to enact section 2305.117 of the Revised Code to shorten the period of limitations for actions upon a contract; to make changes to the borrowing statute pertaining to applicable periods of limitations; and to establish a statute of repose for a legal malpractice action.”  As its…
In Uzuegbunam v. Preczewski, No. 19-968, 2021 U.S. LEXIS 1372 (Mar. 8, 2021), the Supreme Court turned its attention to the curious concept of nominal damages.  The Court held that a request for nominal damages was enough to preclude a First Amendment civil rights case from being dismissed on the grounds of mootness and lack of standing.  The case sheds light on how a demand for nominal damages, deprecated by the dissent in Uzuegbunam as…
During the early stages of the pandemic, shelter-in-place orders wreaked havoc on the food and beverage industry because people could no longer “dine out.”  Restaurants that relied heavily on dine-in customers struggled to transition into a takeout-only business model and lost significant revenue.  The hospitality industry similarly suffered when personal and professional travel came to an abrupt halt.  These restaurants and hotels were effectively shut down by the shelter-in-place orders throughout the country, and many…
The United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a complaint brought by a group of Covington Catholic High School students relating to the 2019 events at the Lincoln Memorial. Faruki attorney Jason Palmer successfully argued to a three-judge panel that a federal court sitting in Kentucky lacked personal jurisdiction over a non-resident private citizen who did nothing more than tweet about current events.…
As more vaccines are being administered in the United States, major app developers are currently brainstorming a digital “Vaccine Passport” which is an app that would display a QR code linking to the user’s COVID-19 vaccination record.  While this sounds promising in theory, there are a few legal implications regarding a digital Vaccine Passport that businesses should consider before making Vaccine Passports a requirement for customer entry.…
In the final days of 2020, a district court within the Sixth Circuit became the first in the circuit to rely upon the disputed “co-conspirator exception” to the Supreme Court’s “direct-purchaser rule” for civil RICO lawsuits.  The development is significant for future civil RICO plaintiffs: the exception will enable more businesses involved in complex supply or distribution chains to bring civil RICO suits where the direct purchaser rule had previously been a major hurdle.…