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Sixth Circuit Clarifies When Testimony Waives Fifth Amendment Protections
December 5th, 2022
Contributor: Brandon Mordue
Testifying in one setting raises the specter of waiving one's right against self-incrimination in another proceeding.
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Categories: White-Collar Defense
Defendants' Discovery Requests Toll the Speedy-Trial Clock
November 30th, 2022
Contributor: Brandon Mordue
In light of an Ohio Supreme Court decision, criminal defendants risk losing some of their speedy-trial rights if they request discovery.
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Categories: White-Collar Defense
Ohio Supreme Court Clarifies Speedy-Trial Clock
September 26th, 2022
Contributor: Brandon Mordue
The Ohio Supreme Court clarified how a defendant's right to a speedy trial works when the state later adds additional charges.
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Categories: White-Collar Defense
Ohio Supreme Court Rules Insurer Has No Duty to Defend Opioid-Epidemic Suits
September 12th, 2022
The Ohio Supreme Court added to a growing split among courts on the question of whether standard language in a commercial insurance policy requires insurers to defend their insureds against opioid lawsuits brought by governmental entities.
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Categories: Commercial Litigation
Requesting Books and Records from an Ohio Corporation
August 30th, 2022
Contributor: Brandon Mordue
A recent Sixth Circuit decision provides practice pointers for those seeking books and records from an Ohio corporation.
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Categories: Commercial Litigation
Enormous Conspiracies and Hearsay
August 4th, 2022
Contributor: Brandon Mordue
The Sixth Circuit agreed with the government that the co-conspirator hearsay exception could cover a conspiracy of thousands.
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Categories: White-Collar Defense
Proving Criminal Intent Through Circumstantial Evidence
July 27th, 2022
Contributor: Brandon Mordue
A Sixth Circuit decision provides a roadmap of key issues on which prosecutors focus in proving criminal intent for healthcare fraud cases.
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Categories: White-Collar Defense
Violation of Speedy Trial Right Results in Dismissal of Indictment
July 21st, 2022
Contributor: Brandon Mordue
The Rentas decision is a good example of a violation of the right to a speedy trial, but the case also shows how difficult it is to prevail on constitutional arguments.
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Categories: White-Collar Defense
Federal Remand Decision Shows Potential Catch-22 for Defendants in CAFA Removals
July 18th, 2022
Contributor: Brandon Mordue
Defendants removing to federal court under CAFA face a tricky situation in meeting the amount-in-controversy requirement when defending against fail-safe class definitions.
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Categories: Commercial Litigation
When Is There an Uncompensated Benefit but no Unjust Enrichment?
July 12th, 2022
Contributor: Brandon Mordue
A recent decision shows that not every unpaid-for benefit constitutes unjust enrichment.
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Categories: Commercial Litigation