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Don Burton
Melinda Burton
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Latest from Faruki Blog

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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…
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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.…
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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.…
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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.…
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As I explained in my blog “Be Careful About the Ohio Saving Statute — It Does Not Save All”, in 2019, in Portee v. Cleveland Clinic Foundation, 155 Ohio St.3d 1, 2018-Ohio-3263, 118 N.E.3d 214, the Ohio Supreme Court decided the issue of whether the Ohio saving statute, R.C. 2305.19 saved a medical malpractice action that was filed in federal court in Indiana but dismissed for lack of personal jurisdiction and then was refiled…
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The Ninth Circuit recently examined a mashup that infuses themes and characters from the popular television series Star Trek into Dr. Seuss works, namely “Oh, the Places You’ll Go!”  The defendants advocated for a novel interpretation of the fair-use doctrine – asserting that fair use is not an affirmative defense, and if it is, a finding that the work is transformative shifts the burden to the plaintiff to demonstrate the fourth fair-use factor: potential market…
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The first person in the United States received the COVID-19 vaccine on December 14, 2020. Many front-line workers and members of the at-risk population will be receiving the COVID-19 vaccine during the coming months. Soon (but not soon enough), we will live in a country where most of the population is vaccinated and we will back to pre-pandemic life. The question on employers’ and employees’ minds alike is whether employers can require their employees to…
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With the first inoculations for COVID-19 occurring this week for first responders, the light at the end of the COVID-19 tunnel is finally beginning to appear.  Much uncertainty surrounds the vaccine rollout related to whom is eligible and when people can receive their inoculations.  One thing we know for certain is that COVID-19 will be coming with us well into the new year and possibly beyond.  What will not be coming with us however is…