201802.07
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Arbitration agreements—tough to overcome

John Gonzales and Jack D’Aurora recently produced a podcast on arbitration that is available on this website. One of the issues they covered is the difficulty in overcoming a properly drafted arbitration agreement. A recent appellate court decision emphasizes the point in a case concerning a car purchase. Dissatisfied with the car he purchased, the…

201712.29
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Arbitration—allegations of misrepresentation

Our firm represented a retired dentist who had sold his practice to a younger dentist. About a year after the transaction closed, the buyer alleged that our client had misrepresented the practice’s finances and patient base. Because the purchase agreement included an arbitration clause, the case was presented to an arbiter, and a decision was…

201710.31
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The First Amendment—and sexual relations?

The Ohio Supreme Court recently rendered a decision that concerns First Amendment rights in an unusual setting—sexual relations. The case concerned a statute that prohibits someone who knows he has the HIV virus from engaging in sex without first disclosing that fact to the other person. It’s a felony to violate the statute. Orlando Battista…

201710.03
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Financial industry files suit over CFPB rule

Last July, the Consumer Financial Protection Bureau (CFPB) finalized a rule that will allow consumers to join together in class-action lawsuits against banks, credit card companies and other lenders. This is a hot button issue for the financial industry, which promotes arbitration as a less expensive means to resolve disputes. Attorneys who represent consumers would…

201703.08
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It gets costly if you don’t play nice

Do you remember your mother telling you to “play nice?” The importance of playing nice applies to litigation, as well. If you don’t play nice, it can get costly, as the plaintiff in a breach of contract case learned. The plaintiff had filed suit against a beautician school, claiming the school had failed to provide…

201612.14
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Commercial lease–solar panels

We recently represented a landowner in central Ohio in negotiating and preparing a commercial lease where the tenant is a solar power company from California. The lease covers 330 acres over a 20-year term. The tenant will be installing solar panels that will generate electricity to be sold to electric power companies. Our client will…

201612.13
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Shortcuts in foreclosures create problems

Foreclosure actions can sometimes be complicated, but generally they’re straightforward cases where the bank should prevail—unless the bank’s counsel takes shortcuts. Here’s an example. After initiating a foreclosure action, a lender filed a motion for summary judgment, a means of obtaining judgement without the need of trial. The strategy should have worked but didn’t. Why…

201611.02
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Contract terms can trump fairness

Can you be misled by someone with whom you’re in contract and not have a claim for the damages you suffer as a result? It’s not common, but it can happen. In 2010, a Franklin County vendor, National Contracting, entered into a contract with Lowe’s to install flooring as an independent contractor. The contract could…

201610.03
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Arbitration clause can be waived

Arbitration clauses in contracts are becoming increasingly popular, and they often place consumers at a disadvantage,  a subject we covered  in “The ‘fine print’ and arbitration clauses.” Like most contract provisions, however, an arbitration clause can be waived, as a Columbus vendor recently learned in Minkin v. Ohio State Home Services, 2016-Ohio-5804. A homeowner filed…