In a decision last month, Judge Walter Rice in U.S. District Court in Dayton denied the plaintiffs' motion to remand a putative consumer class action to state court, despite plaintiffs' attempts to argue that they had deliberately amended the complaint to avoid the federal amount-in-controversy requirement for purposes of diversity jurisdiction.
The principles briefed include the effect of a recent U.S. Supreme Court case holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, so long as at least one named plaintiff satisfies that requirement; the effect of the allegations of plaintiffs' original complaint, in which they admitted the level of compensatory damages that their claims were worth; and the effect of trebling provisions under the Ohio Consumer Sales Practices Act and the Ohio Deceptive Trade Practices Act, with respect to these arguments. FI&C has an extensive class action practice; Charlie Faruki and Tim Pepper are involved in this case.

Charlie Faruki was invited to membership in ABOTA, the American Board of Trial Advocates.
ABOTA is a by-invitation-only professional organization of preeminent trial lawyers from both sides of the courtroom, who believe in the right to trial by jury. It is open only to lawyers with the requisite jury trial experience. Its purposes include the elevation of the standards of integrity, honor and civility in the legal profession; education and training of trial lawyers; the study of matters of interest to trial lawyers; and the cooperation with other legal organizations and associations to promote the efficient administration of justice and constant improvement of the law. Charlie is also a Fellow of the American College of Trial Lawyers, and this month completes a two-year term as the College's State Chair for Ohio.

Ron Raether and John Fischer were presenters in September at a day-long seminar sponsored by the National Business Institute titled "Digital Technology and the Law."
Ron's portion of the presentation relied on his technology-related experience, focusing on case law and statutory schemes often encountered when doing business via the world wide web or in handling consumer protected personal information. John focused his presentation on how technology and the world wide web have affected traditional brick and mortar issues, such as covenants not to compete, work for hire provisions and international out-sourcing. Ron will be speaking to lawyers recently admitted to the bar on "Basics of Civil Litigation (Pre-Trial): Defendant's Perspective" on December 16, 2005 in Columbus at the Ohio State Bar Association's annual New Lawyers Training seminar. The written materials for the September presentations can be found at http://www.ficlaw.com/raether-fischer_digitechlaw.htm

Ron Raether was named a Rising Star by Law & Politics Magazine and by Cincinnati Magazine.
Only 2.5 percent of Ohio lawyers received this honor. Ron was selected based on ballots submitted by this year's Ohio Super Lawyers, who nominated up-and-coming attorneys under the age of 40 or who had been in practice less than 10 years.

FI&C welcomed four new associates last month.
Katie Miltner is a graduate of Indiana University School of Law, Adam Sadlowski is a graduate of Case Western Reserve University School of Law, Rebecca Owen is a graduate of The Ohio State University College of Law, and Rob Gurry is a graduate of the University of Dayton School of Law. FI&C welcomes Katie, Adam, Rebecca, and Rob.

The first session of this year's Carl D. Kessler Inn of Court, included Charlie Faruki with a panel of judges.
The panel spoke on ethics and professionalism, in a program revolving around the Code of Pretrial Conduct, and the Code of Trial Conduct, promulgated by the American College of Trial Lawyers. Charlie is completing his second of two years as State Chair for Ohio, for the College.

Rob Gurry was recently appointed by the West Carrollton City Council to sit on the City's five-member Board of Zoning Appeals to hear and decide citizens' requests for variances to the zoning code.
He recently authored a comment, entitled "The Jury Is Out: The Urgent Need for a New Approach in Deciding When Religion-Based Peremptory Strikes Violate the First and Fourteenth Amendments," which is being published this fall in the Regent University Law Review. Rob and his wife Enida were recently featured in two of the University of Dayton School of Law's prospective student marketing brochures discussing how the Law School provides a supportive environment to married and non-traditional students. Rob also discussed the value of gaining professional experience through an externship, which he completed in 2004 with Chief Magistrate Judge Michael R. Merz, U.S. District Court, Southern District of Ohio.