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Rule 67 Not a Mechanism for Picking Off Named Plaintiffs in a Rule 23 Class Action

Jonathan Stender May 3, 2019

Class action defendants try to evade class-wide liability using Rule 67, which governs deposits into court. Defendants’ argue that, under Rule 67, they can pick off named plaintiffs in class action matters by simply depositing with the court funds equal to the value of the named plaintiff’s claim. Federal courts have rejected these attempts to use Rule 67 as a

H.B. 228 & Self-Defense: Easier to Shoot or Proper to Defend?

Madelyn J. Grant May 2, 2019

Just days before the new year, the Ohio House of Representatives and the Ohio Senate voted to override Governor John Kasich’s veto and effectively passed Ohio’s newest self-defense legislation. Ohio is merely the latest (and almost the last) state to follow the national trend in passing legislation of this kind. H.B. 228, initially billed as a “stand your ground” law,

Use It or Lose It! Consistency in the Use of a Trademark

Crystal Broughan May 2, 2019

It is not enough for a business owner to just register their trademark. The business owner must use it – or lose it. To maintain trademark rights, the trademark must be continuously used in commerce. The mark must appear prominently and consistently on labels or packages of goods and on all marketing materials for services. Trademarks are used to distinguish

Labor Trafficking: The Lawyer’s Citizen And Practitioner Lenses

Crystal Freed May 2, 2019

Labor trafficking is just as pernicious as sex trafficking. Fueled by greed and a large lack of awareness, labor traffickers operate with impunity. It concerns those in the counter-trafficking space, and it ought to be of concern to you. Our clients depend on us to ensure they are not unwitting participants. OUR CIVIC RESPONSE Take a moment to take this

Patenting Nature

Z. Peter Sawicki and James L. Young May 1, 2019

Is a natural thing eligible for patent protection? Can you go about patenting nature – a plant, a gene or a bacterium? The patent statute only lists four things that are patentable: “Whoever invents or discovers any new and useful [1] process, [2] machine, [3] manufacture, or [4] composition of matter … may obtain a patent therefor ….” 35 U.S.C.

When Friendship Goes Wrong: Holding Fraternities & Sororities Accountable for Hazing

Brandon E. Vaughn May 1, 2019

Most college campuses across America charter fraternities and sororities. These organizations tout they represent brotherhood and sisterhood and philanthropic ideals. Unfortunately, there can be a very ugly and dangerous side to them: the initiation rituals associated with membership. These rituals often cause those seeking membership (called “pledges”) to subject themselves to embarrassment, harassment, and ridicule, and such rituals place a

Insure the Love! Why Marital Insurance is Better than a Good Divorce

Teddi Ann Barry April 15, 2019

Marital Insurance? Who sells that? How much are the premiums? How much coverage do you need? Of course, I cannot insure that you stay married, or that you have a long and prosperous life together. You can in fact, make sure that you have an exit strategy with full disclosure and thoughtful conversations about what happens if the marriage ends.

Letters of Intent in Commercial Real Estate: Proceed With Caution

Mitchel Chargo March 29, 2019

Many commercial real estate transactions begin with preliminary letters of intent. The primary function of the letter of intent is to outline the essential or basic terms upon which a buyer and seller or lessor and lessee would be willing to consummate the transaction. Yet, by its title, the letter of intent is normally not intended to be the final

Criminal Justice Reform – The First Step Act

Danny Clancy March 11, 2019

Engage in any political discussion these days, and the same conclusion seems inevitable: we are living in a country divided. Our congressional leaders in both the house and senate, and their disdain for each other, is on full display each and every day. Attempting to distinguish real news from fake news is a particularly daunting task. Well, here’s some real

Defective Pain Pumps: Medtronic Fails to Protect Patients

Kay Van Wey March 11, 2019

I really feel for chronic pain patients. Over the course of my 32 years in practice, I have seen so many fine folks who are in pain 24/7/365. The lives of chronic pain patients center around what they can do to get relief. They often look to anything that can help reduce or relieve their pain. Medical technology has entered

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