October 31, 2017

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 […]
October 3, 2017

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 […]
May 28, 2017

Everyone is entitled to his opinion, but false statements—not so much

A key question in determining if a statement is defamatory is whether it can be proven to be true or false. If you can prove the […]
March 8, 2017

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 […]
November 2, 2016

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 […]
October 3, 2016

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 […]
August 25, 2016

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 […]
August 18, 2016

Trial by Jury, a Hallowed American Right, Is Vanishing

The New York Times recently carried an article about how jury trials are vanishing. While the focus of the article is on criminal trials, fewer civil […]
August 10, 2016

Voting law in North Carolina struck down

The New York Times editorial board didn’t spare any words in its criticism of North Carolina’s attempt to control access to the voting booth. Here’s the […]