Last week, the Ninth Circuit deepened the divide among the Circuits regarding ascertainability in class certification. In Briseno v. ConAgra Foods, Inc., 2017 U.S. App. Lexis 20 (9th Cir. Jan. 3, 2017), the Ninth Circuit rejected the Third Circuit’s line of authority (see Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013) and Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)) which requires plaintiffs’ counsel to show ascertainability by demonstrating an administratively feasible and reliable method to determine class membership at the class certification stage.
Ohio Foreclosure Reform Brings Standardization and Modernization to County Foreclosure Processes and Paves the Way for the Expedited Foreclosure of Vacant and Abandoned Residential Properties
On September 28, 2016, Ohio foreclosure reform takes effect following the enactment of House Bill 390 (HB 390). The changes created by HB 390 will impact the foreclosure of both residential and commercial properties. While Ohio foreclosure reform will undoubtedly cause county courts across the state to make revisions to their local foreclosure procedures and rules, the new law provides long overdue uniformity for foreclosing judgment creditors. Furthermore, the modernization of Ohio’s sheriff foreclosure sales, including the implementation of online sales, finally ushers the Ohio foreclosure process into the 21st century. Additionally, the new law expedites the foreclosure of vacant and abandoned residential properties—a positive step in favor of community revitalization efforts to fight against community blight and prevent the existence of “zombie homes.”
Ohio’s Department of Commerce is ramping up efforts to begin the state’s medical marijuana program. Standards and licensing procedures for cultivators, laboratories, dispensaries and others will be set up over the next year, and the program must be fully up and running by the summer of 2018. But at the same time, the federal Drug Enforcement Agency (“DEA”) is doubling down on the marijuana ban, keeping the drug listed alongside heroin as a top-level controlled substance.
Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.
An exploding craft beer industry has led to an uptick in lawsuits about beer names and labels. Craft beer lovers do not always appreciate the lawsuits. But what do the federal courts think about them?
2, 4, 6, 8! Who Does Big Fashion Appreciate? The Sixth Circuit Protects Clothing Design In A Thrilling Overtime Victory.
The Sixth Circuit shook up copyright law – and had some fun with it – in the recent decision Varsity Brands, Inc. v. Star Athletica, with reasoning that hinged on an unusual proposition: “[a] plain white cheerleading top and plain white skirt still cover the body and permit the wearer to cheer, jump, kick, and flip.” (No. 14-5237, 2015 U.S. App. LEXIS 14522, *51 (6th Cir. Aug. 19, 2015).) The decision, which found a protectable copyright in stripes, chevrons and patterns on uniforms, stood conventional wisdom on its head, flipped the usual script of copyright analysis, and gave new cheer to fashion designers, who are typically shut out from copyright protection.
Seventh Circuit Sides with Plaintiffs and Reinstates Consumer Data Breach Class Action Previously Dismissed for Lack of Standing
Last week the Seventh Circuit reinstated the Neiman Marcus data breach class action, holding that plaintiffs had satisfied Article III’s standing requirements based on at least some of the injuries they alleged. In doing so, the Seventh Circuit became the first federal court of appeals to rule on a challenge to the standing of purported data breach victims in light of the Supreme Court’s decision in Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), and diverged from the growing majority of federal district courts that have held similar allegations are insufficient to confer standing.
The Supreme Court recently concluded its October 2014 Term; we have provided a summary of the most recent decisions.
In our increasingly technological society, parties are encountering a greater demand for electronically stored information (“ESI”) in litigation. This demand has led to the adoption of a concept called proportionality. Proportionality evaluates the costs and benefits of e-discovery, to determine if discovery production is warranted.
Albeit seemingly self-evident, Keller v. Miri, 781 F.3d 799 (6th Cir. 2015), serves as a renewed caveat that title isn’t everything: merely designating workers as independent contractors is not sufficient to avoid Fair Labor Standards Act obligations. In this recent Sixth Circuit decision, the Court reversed the district court, finding sufficient and genuine issues of material fact that entitled a jury to decide whether a satellite dish installer qualified for overtime and minimum wage protections under the FLSA.
This blog is devoted to complex litigation related issues — recent decisions, relevant commentary, key discovery rulings of general import, substantive law developments, and suggestions on litigation strategies. We will discuss how to minimize exposure to complex litigation and how to manage cases if you have already been sued.
We're monitoring and reporting on developments in complex litigation to help you stay informed in this important and dynamic area of the law.
- House Bill 390
- Ohio Foreclosure Reform
- Drug Enforcement Agency
- Medical Marijuana
- Trademark Litigation
- Cybersecurity Regulation
- Craft Brewing
- Intellectual Property
- Copyright Law
- Seventh Circuit
- Health Care Act
- Healthcare Reform
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Religion Discrimination
- Supreme Court
- Environmental Law
- Fair Housing Act
- Federal Rules of Civil Procedure
- Electronically Stored Information
- Sedona Conference
- Workplace Accommodations
- Americans with Disabilities Act
- Data Breach
- Cybersecurity and Privacy Law
- Cyber Insurance
- Receivership Statute
- Business Process Improvement
- Sixth Circuit
- Employment Litigation
- National Labor Relations Board
- National Labor Relations Act
- Labor Law
- Labor & Employment Law
- Employer Rules
- Employer Policies
- Employer Handbook
- Predictive Coding
- TAR ( Technology Assisted Review)
- E-Discovery Project Plan
- Rule 26
- Rule 34
- Employment Law
- Lower Costs
- Quality Representation
- Rule 45
- Securities Law
- Electronic Data Discovery
- 2006 FRCP E-Discovery Amendments
- Land Use & Zoning
- Non-breaching fiduciary
- Statute of Limitations
- Social Media
- E-Discovery Case Law
- Real Estate Impact Fee
- Construction Litigation
- Federal Rule 23.1
- Federal Rule
- Bet-the-Company Litigation
- Stock Drop
- Class Action Litigation
- Another Shot at Ascertainability in Class Certification
- Ohio Foreclosure Reform Brings Standardization and Modernization to County Foreclosure Processes and Paves the Way for the Expedited Foreclosure of Vacant and Abandoned Residential Properties
- Medical Marijuana Creates Unanswered Trademark Litigation Issues
- CyberSecurity News: Spokeo, Galaria and Braitberg
- Trademarks And Craft Brewing: What Do Federal Courts Think Of Craft Beer Lovers?
- 2, 4, 6, 8! Who Does Big Fashion Appreciate? The Sixth Circuit Protects Clothing Design In A Thrilling Overtime Victory.
- Seventh Circuit Sides with Plaintiffs and Reinstates Consumer Data Breach Class Action Previously Dismissed for Lack of Standing
- Summary of Recent United States Supreme Court Decisions
- Proportionality in E-Discovery: Tools for Efficiency and Cost Reduction
- Title Isn’t Everything: Sixth Circuit Taps Jury to Decide Keller’s FLSA Fate