Social media and the law: Three things to know
201807.25
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Social media and the law: Three things to know

The world of social media is continually evolving. Whether or not you are active on sites like Facebook, Twitter or Instagram, you can’t escape the influence – and presence – of social media. But there are limits to these digital platforms. Here are some things everyone needs to know about using social media from the …

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…

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…

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…

201608.25
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Actions speak louder than words

While the words that comprise a contract spell out its terms, sometimes the parties’ actions can override the words. This was the result in a case recently decided by the Court of Appeals for Cuyahoga County in 367 Green Road Co., Ltd, v. Specialized Component Sales Co., Inc. in a breach of lease case. In…