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Does Shady Grove Allow for Recovering Statutory Damages Under CSPA?

Patrick Brickman June 11, 2018

The Ohio Consumer Sales Practices Act (CSPA) was intended to deter deceptive practices by sellers in consumer transactions. To that end, it permits individuals to recover statutory damages of $200. R.C. 1345.09(B). Of course, a consumer would have a difficult time finding an attorney to pursue a $200 claim. So, a statutory damages claim under the CSPA would seem ideal

Fight Fakes and Defend Your Client’s Profit!

Barb Luther May 3, 2018

For many years, owners of famous trademarks have batted down sellers of fake merchandise like the whack-a-mole game. New fakes have continued to pop up! Online selling platforms used to take no action without court proof of counterfeit, preferring to support “free trade.” Later they required take-down notices for every infringer, which became tedious and expensive. Famous marks, including such

The Internet Business: IP 101

Z. Peter Sawicki and James L. Young April 6, 2018

Almost every business has an internet presence. A brick-and-mortar store not only sells goods and services at a physical retail location, but also takes orders via its internet website (or on third-party websites). As we have written many times in the past, “branding” goods and services is important. Other IP also comes into play to aid a business owner in

The Ups and Downs of American Whiskey Laws

Ryan Levy March 9, 2018

American whiskey-makers have been on a wild ride. From proliferation, to regulation, to prohibition, to decriminalization and then back to proliferation, U.S. spirits have been regulated in varying manners. Since the country’s founding, American whiskey distilleries have faced legal difficulties. Today, with the resurgence of American whiskey, certain legal challenges are increasing. Following the Revolutionary War, the newly formed Congress

After the Divorce: When One Parent Tries to Turn the Children Against the Other?

Francis King March 8, 2018

A subject I often encounter in my family law practice is the matter of post-divorce parental alienation. When one parent substantially interferes with or undermines the other parent’s relationship with their children, a claim of alienation can arise. Such alienation can result when a parent succeeds in manipulating a child’s emotions so as to turn him or her against, or

Deja Vu: Subprime Mortgage Lending Returns to Ohio

Marc Dann March 3, 2018

I was in the process of writing about a completely different topic this month – something to do with data breaches or some goofy thing the Ohio legislature is about to do or had just done – when Bill Behrens, one of the really smart lawyers in my office forwarded me an email from a guy named Raymond Eshaghian, president

Extortion Racket: Professional Objectors to Class Action Settlements

Jim Timmerberg March 3, 2018

Ohio’s Civil Rule 23(E) is designed to protect the interests of absent class members in the context of a class action settlement by providing them with both notice of the settlement and the opportunity to object to the trial court’s final approval of that settlement. This article addresses the issue of whether absent class members who object to final approval,

Conflict, Culture and Communication

Anthony Patete February 7, 2018

Conflict can be defined as the perceived or actual incompatibilities of needs, interests and goals of two or more parties. Therefore, to have a conflict, it must involve two or more people or organizations and normally arises out of a relationship or perceived relationship. The incompatibility of needs, interests and/or goals must be identified if a resolution is to be

What Impact Can #MeToo Have on Sexual Harassment Litigation?

Michael A. Kornbluth February 7, 2018

The recent surge of high-profile sexual harassment allegations, litigation and the #MeToo movement prompts the question, what impact the trend will have on sexual harassment lawsuits, what type of reforms the movement spur, and whether a backlash is coming? Possible Reforms The statute of limitations should be expanded for Title VII, the federal statute providing a cause of action for

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