Faruki Blog

Constitutional Standing and Statutory Injury:  The Sixth Circuit Weighs in on the "Concrete Injury" Requirement under Spokeo

The "well-worn yet enduring standards" of Article III standing – constitutionally required to bring a case in federal court -- are (1) the plaintiff.. Read More

Still Standing: The Supreme Court Dismisses an Affordable Care Act Challenge on Standing Grounds

On June 17, 2021, the Supreme Court, in California, et al. v. Texas, et al., ruled on the third attempt to dismantle the Affordable Care Act ("ACA")... Read More

Preliminary Injunctions in Recent Ohio Non-Compete Cases

Non-compete agreements are a powerful tool for businesses to protect their interests when employment relationships end. Although their treatment.. Read More

UPDATE:  The Supreme Court of Ohio to Weigh in on COVID-19 Business Insurance Litigation

In a recent blog post, I discussed how Ohio's federal courts reached opposite conclusions on whether COVID-19 can cause a direct, physical loss under.. Read More

Changes to Specific Jurisdiction: Court Makes a Minor Tweak, But Signals that Broader Change is a Matter of Time

Supreme Court opinions on civil procedure really only garner attention and excitement from a select group of lawyers and academics, but the opinion.. Read More

Be Alert to These Changes Coming to Ohio Law: A New Statute of Repose for Legal Malpractice Claims and Shorter Limitations Periods for Certain Contract Claims

On March 16, 2021, Governor DeWine signed into Ohio law Senate Bill 13, the full title of which is "To amend sections 2305.03, 2305.06, 2305.07, and.. Read More

Conflicting Ohio Decisions in COVID-19 Business Insurance

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.. Read More

District Court in Sixth Circuit Recognizes Novel Co-Conspirator Exception to the Direct Purchaser Rule for RICO Suits

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.. Read More

Ohio's Savings Statute (Again) Does not Save All.  Ohio's Medical Claims Statute of Repose is True Statute of Repose and the Savings Statute Does not Apply or Alter It

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.. Read More

A Meeting of the Minds (or lack thereof) in Modern Contract Formation in the First Appellate District of Ohio (Authored by Clayton J. Prickett | Bar Results Pending | Faruki PLL)

Contract negotiations for a downtown Cincinnati building – abutting the southbound I-71 entrance ramp – became the perfect vehicle for the First.. Read More
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