The Defensive Line Blog

Nip it in the Bud: CSPA Cure Offers May Steer More Than Just CSPA Claims Toward Early Resolution

Posted on May 16th, 2017 by David J. Hearty

R.C. 1345.092 is a relatively new provision of Ohio’s Consumer Sales Practices Act (CSPA).  Enacted in 2012, the statute allows a supplier to possibly limit its liability when receiving unfavorable verdicts for CSPA claims.  Under R.C. 1345.092, a supplier may issue a “cure offer” to resolve any CSPA claims.  The supplier may only issue this…

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U.S. Supreme Court To Issue Opinion Concerning Qualified Immunity and the Provocation Rule

Posted on May 11th, 2017 by Derek P. Hartman

Recently, the issue of whether law enforcement officials are entitled to qualified immunity for a warrantless search was addressed in arguments made to the United States Supreme Court.  On March 22, 2017, the Supreme Court heard oral arguments in the case of County of Los Angeles v. Mendez.  The Mendez case involves two sheriff’s deputies…

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Matthew O’Connell Featured in Crains Cleveland Business Magazine

Posted on April 24th, 2017 by Matthew C. O’Connell

Managing Shareholder Matt O’Connell was featured in the most recent edition of Crain’s Cleveland Business which covered our firm’s recent experience transitioning firm management following the recent death of longtime managing shareholder Larry Sutter. The article highlighted the growing need for law firms to plan for succession in management.  Careful planning and foresight—including many decisions…

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Defense Verdict in Summit County

Posted on April 3rd, 2017 by Daniel L. Bray

After 20 minutes of deliberations, a jury in Summit County returned its unanimous verdict in favor of a large auto manufacturer in a worker’s compensation case on March 31, 2017.  The family of a retired deceased welder alleged his lung cancer was caused by exposure to asbestos while working for 13 years at a local…

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In Tennessee, Property Damage Cannot Underpin a Claim for Negligent Infliction of Emotional Distress

Posted on March 30th, 2017 by Christopher J. Schroeck

Addressing an issue of first impression in Tennessee, the Tennessee Court of Appeals clarified that property damage, standing alone, cannot form the basis of a suit for negligent infliction of emotional distress. In the suit, the plaintiff, a business owner, sued the defendant’s estate.  The decedent defendant was in a severe car accident, which caused…

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Sutter O’Connell Successfully Defends Large Mining Accident Suit in the Sixth Circuit

Posted on March 29th, 2017 by Christopher J. Schroeck

Paying attention to procedural issues resulted in a win for a Sutter O’Connell client in the U.S. Sixth Circuit Court of Appeals this week.  A zinc mine accident in eastern Tennessee resulted in a miner losing both arms. He sued numerous entities on multiple theories of liability to recover for those injuries.  Several defendants settled…

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