Within hours of the U.S. Supreme Court’s decision overturning Roe v. Wade, Ohio’s Heartbeat Bill, originally passed in 2019, became effective when the U.S. District Court, Southern District of Ohio, lifted its long pending injunction against the Ohio law ...
You have the right to remain silent and to an attorney, and what you say can be used against you in a court of law. From Sergeant Joe Friday on “Dragnet” to Lennie Briscoe on “Law & Order,” millions of television viewers have been Mirandized by these all-too-familiar warnings such that they have become as much a part of police work as handcuffs and a badge ...
I. Introduction Rising interest rates and a general economic downturn in 2022 has impacted the value of digital assets, including the relatively well-established likes of Bitcoin and Ether. In addition to market headwind, momentum around federal digital assets regulation is growing, culminating in the proposed “Responsible Financial Innovation Act” (the “RFIA”) ...
In a 5-4 decision, the United States Supreme Court held that states and their agencies cannot invoke sovereign immunity as a defense to claims of discrimination brought under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”)[1] in Torres v. Texas Department of Public Safety.[2] With this new ruling, public employers should continue to be mindful of the protections that USERRA provides active-duty and veteran employees ...
On June 27, 2022, the United States Supreme Court issued its decision in Kennedy v. Bremerton School District, a case where the Court took another look at school employees’ First Amendment rights to religious expression while employed. The Court held that a school district infringed on a coach’s First Amendment rights when it disciplined him for engaging in private prayer on the field after football games. Joseph Kennedy was a football coach for the Bremerton (WA) School District ...
The Kentucky Supreme Court’s recent decision in Estate of Worrall v. J.P Morgan Bank, N.A. demonstrates the dangers to a trustee seeking a release from liability when distributing trust assets upon termination without following the statutory requirements. In Estate of Worrall, a corporate trustee sought to liquidate the trust assets of a terminating trust and conditioned the subsequent distribution of the assets on the beneficiary signing a release and indemnification agreement ...
One of the most basic questions under the False Claims Act—what facts a relator must plead to state a claim—is also one of the most difficult to answer. The Supreme Court is considering multiple certiorari petitions seeking to resolve a circuit split in the application of Rule 9(b)’s heightened pleading standard to the FCA ...
On June 15, 2022, the Supreme Court of the United States released its long-awaited decision in American Hospital Association v. Becerra in which it unanimously held that the United States Department of Health and Human Services (HHS) overstepped its statutory authority by cutting 340B-related reimbursement to hospitals ...
On June 27, 2022, the United States Supreme Court ruled that doctors who act in subjective good faith in prescribing controlled substances to their patients cannot be convicted under the Controlled Substance Act (“CSA”). The Court’s decision will have broad implications for physicians and patients alike ...
As of June 21, 2022, importers of goods from China and other countries that contain China origin inputs of components or raw materials are subject to the enforcement provisions of the Uyghur Forced Labor Prevention Act (UFLPA). As a result, importers should now perform significant due diligence on all tiers of the supply chain of their imports and update their compliance policies and internal controls to address the risks of forced labor in their supply chains ...
Regulation brings uniformity and security, which may feel anathema to the fundamental premise of distributed ledger technology (specifically blockchain and the nascent crypto industry blockchain technology allows) – a world that needs neither trust nor centralized authority. Nevertheless, two U.S. senators are pushing to reconcile these seemingly contrary positions and priorities ...
Dinsmore partner Michael Dailey was published in Bank Director with his article "Recent Developments to Combat Redlining." Read an excerpt below. Regulators have worked on a variety of anti-redlining proposals in recent months, including a joint initiative by the Department of Justice, the Consumer Financial Protection Bureau, and the Office of the Comptroller of the Currency. Initial reactions to the initiative expected it to focus on the redlining seen in the Trustmark Corp ...
Wednesday’s ruling by the U.S. Supreme Court in Viking River is expected to chill California’s cottage industry of representative wage-and-hour cases, which have long driven huge damages against employers. The decision offers California employers a significant opportunity to require employees to pursue these types of claims individually ...
In a class action lawsuit filed Monday in the United States District Court for the Northern District of California, Binance.US (Binance), a major cryptocurrency exchange, has been accused of misleading investors surrounding the Terra blockchain ecosystem. This is the first major court filing in the United States relating to Terra, whose UST and LUNC tokens crashed in May, wiping out around $40 billion in investor funds ...
Many companies have a keen interest in recycling and upcycling old products for resale, both for environmental and promotional purposes. But when those products contain third-party intellectual property, there can be trademark and copyright concerns. Dinsmore intellectual property partner Karen Gaunt wrote about this topic for Best Lawyers' Women in Law issue, out this month. Gaunt herself has been named a Best Lawyer multiple times since 2013. An excerpt of the article is below ...
Arbitration provisions are becoming more common in construction contracts, but a recent court decision reveals that enforcing these provisions requires more than just placing them in a contract. Contractors, especially those seeking to arbitrate claims involving multiple property owners or an entire homeowner or condominium association, must sufficiently establish that enough of the property owners agreed to arbitrate their claims. Mattamy Florida LLC .v ...
Florida’s construction lien laws require a contractor to serve a contractor’s final payment affidavit “at least five days” before filing a lawsuit to enforce the lien. A general contractor recently had its lien rights reinstated when a court clarified how the number of days between the service of the affidavit and the filing of the lawsuit should be calculated and reversed a dismissal of the contractor’s lawsuit ...
Much recent attention has been on Florida’s Governor Ron DeSantis’ signing of extensive property insurance law changes in Florida. But on May 26, the governor also signed Senate Bill 4. While SB 4 primarily deals with condominium inspections and safety, the bill also changes part of the state law that enacts and governs Florida’s Building Code and changes the amount of a roof that must be brought up to current codes in the event of damage and repair ...
New Florida Statute Changes Building Code Requirements for Roof Repairs In May, Florida’s legislature met for a special session to address issues with property insurance claims and rates within the state ...
Oklahoma joins Florida in passing its own version of the Telephone Consumer Protection Act (TCPA) called the “Telephone Solicitation Act of 2022.” The legislation is set to take effect on Nov. 1, 2022. The Telephone Solicitation Act (TSA) applies to telemarketing calls using an “automated system for the selection or dialing of telephone numbers or the playing of a recorded message when a connection is completed to a number called ...
Distributed ledger technology (DLT) has revolutionized transaction of data, assets, and value, including the proliferation of cryptocurrencies and other digital assets. In order to leverage this emerging and revolutionary technology, state governments across the United States are looking to clarify how DLT use cases, specifically blockchains and their various sub-use cases, are treated under state law. With the adoption of HB 177.05, Ohio has joined the fray ...
After months spent collaborating on a loan application and waiting for HUD’s underwriters to judge its merits, the lender and borrower are thrilled to receive the HUD firm commitment, a major milestone on the path to closing. The parties lock the interest rate, draft loan documents, fine-tune title and survey, and assemble the pre-closing submission to HUD ...
On May 24, 2022, U.S. Citizenship and Immigration Services (USCIS) announced an expansion of premium processing service to two additional categories of Form I-140 immigrant petitions. This is part of a broader push by USCIS to reduce backlogs, increase efficiency, and speed up decisions on certain previously filed Form I-140 immigrant petitions ...
Governor Mike DeWine signed Ohio House Bill 81 on June 16, 2021, codifying a significant change regarding eligibility for temporary total disability benefits (TTD) under Ohio Revised Code §4123.56(F). By enacting R.C. §4123.56(F), the legislature intended to leave behind decades of case law concerning the doctrine of voluntary abandonment ...
Two recent Supreme Court decisions concerning the First Amendment affect when the government can regulate speech. Dinsmore's Justin Burns and Brady Wilson wrote about the cases for Law360 Expert Analysis. An excerpt is below and the full PDF is above. Recent headlines from the U.S. Supreme Court focus on leaks, but City of Austin v. Reagan National Advertisements of Austin and Shurtleff v. City of Boston, two recent First Amendment decisions, are also worth noting ...
