By Zachariah DeMeola, Guest Editor, BakerHostetler. Link to original post: http://bit.ly/1pOpf9K One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate against the potential misuse of stolen data, such as utilizing credit... Continue Reading →
As Different as Violins and Violas: Why Public Records Requests Are Not the Same as Discovery
Authors: Jack Greiner and Zoraida Vale, Graydon Head & Ritchey We heard a joke the other day that went something like this. Q: “What’s the best way to keep your violin from being stolen?” A: “Put it in a viola case.” Did we mention we heard the joke on NPR? Somewhere, some classical music buffs... Continue Reading →
Patent Privateering: Patents As Weapons
Author: Thibault Schrepel, LL.M., Antitrust Analyst In the late 16th century, Queen Elizabeth I of England commissioned Francis Drake to sail for America. The Queen asked him to plunder Spanish vessels on his way there. Francis Drake became a pirate commissioned by the crown. This type of “legal” pirate was called a “privateer.” They allowed... Continue Reading →
Reevaluating Planned Parenthood v. Abbott
Author: Colin P. Pool* The Fifth Circuit’s March 2014 decision in Planned Parenthood v. Abbott[1] garnered attention[2] due to the controversial legislation that it upheld as constitutional: Texas H.B. 2, which in part required abortion providers to have admitting privileges at a hospital located within thirty miles of their clinic.[3] Critics have argued that this... Continue Reading →
A Tail Is Not a Leg: Statutory Interpretation Games at the Ohio Supreme Court
Author: Colin P. Pool* It is often said that Abraham Lincoln, “faced with some thorny issue that could be settled by a twist of language,” would ask his questioner how many legs a dog would have if you called its tail a leg. “Five,” the questioner responds. “No,” Lincoln answers. “Calling a dog’s tail a... Continue Reading →
Nassar’s Silver Lining
Author: Sandra F. Sperino, Professor of Law, University of Cincinnati College of Law In late June of 2013, the Supreme Court decided University of Texas Southwestern Medical Center v. Nassar.[1] The Court held that plaintiffs proceeding on a Title VII retaliation claim must establish their protected activity was the “but for” cause of an employment... Continue Reading →
Why Not Protect Our Elderly, Our Pensioners, and Our State Treasury? The Case for an Ohio False Claims Act
Author: Erin M. Campbell, Esq. Nursing home residents left to wallow in urine- and feces-soaked beds; a resident suffering from an open bedsore the size of a cantaloupe when persistent and purposeful under staffing leaves residents unturned and in unchanged diapers; residents suffering from repeat scabies infections; residents suffering very high rates of falls and... Continue Reading →