Faruki Blog

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

Case Dismissed:  Plaintiffs Voluntarily Dismiss Lawsuit Against Reese Witherspoon and Draper James

As I reported in my blog "Oh [Bend and] Snap! Reese Witherspoon and her Company Draper James Are Sued for an Alleged Illegal Lottery/Sweepstakes and.. Read More

The Precedential Value of Ohio Court Opinions Under the Ohio Supreme Court's Reporting Rules

The Georgia Court of Appeals recently decided to put an end to one of its old and unusual rules regarding the precedential value of certain of its.. Read More

COVID Shields: Governor Signs a New Law to Protect Health Care Providers and Businesses from Lawsuits Relating to COVID-19 Infections

On September 14, 2020, Ohio Governor Mike DeWine signed House Bill 606 (H.B. 606), aimed at protecting health care providers, businesses and other.. Read More

Federal Court Enforces Florida Anti-SLAPP Statute Against Defamation Claims Filed "Without Merit"

Dozens of states have passed Anti-SLAPP (Anti-"Strategic Lawsuit Against Public Participation") laws to discourage meritless defamation claims (or.. Read More

A Different Kind of COVID Protection: The Ohio Legislature Steps in to Protect Businesses from Lawsuits Relating to COVID-19 Infections

On May 28, 2020, the Ohio House of Representative passed House Bill 606 (H.B. 606), aimed at protecting businesses and health care providers from.. Read More

Sixth Circuit Decision Illustrates How Debtors are Often Unable to Discharge Judgment Debts for Business Tort Claims in Bankruptcy

Due to the economic repercussions of COVID-19, businesses are increasingly viewing bankruptcy as an option in light of their vanishing profits and.. Read More

A Plaintiff's Voluntary Dismissal Could Revive a Defendant's Previously Waived Defenses

It is well-established that the failure to assert many defenses, such as lack of personal jurisdiction, in an answer or motion to dismiss risks.. Read More