» Practices

Sixth Circuit Clarifies When Testimony Waives Fifth Amendment Protections

Testifying in one setting raises the specter of waiving one's right against self-incrimination in another proceeding. Read More
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Defendants' Discovery Requests Toll the Speedy-Trial Clock

In light of an Ohio Supreme Court decision, criminal defendants risk losing some of their speedy-trial rights if they request discovery. Read More
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Ohio Supreme Court Clarifies Speedy-Trial Clock

The Ohio Supreme Court clarified how a defendant's right to a speedy trial works when the state later adds additional charges. Read More
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Ohio Supreme Court Rules Insurer Has No Duty to Defend Opioid-Epidemic Suits

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. Read More
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Requesting Books and Records from an Ohio Corporation

A recent Sixth Circuit decision provides practice pointers for those seeking books and records from an Ohio corporation. Read More
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Enormous Conspiracies and Hearsay

The Sixth Circuit agreed with the government that the co-conspirator hearsay exception could cover a conspiracy of thousands. Read More
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Proving Criminal Intent Through Circumstantial Evidence

A Sixth Circuit decision provides a roadmap of key issues on which prosecutors focus in proving criminal intent for healthcare fraud cases. Read More
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Violation of Speedy Trial Right Results in Dismissal of Indictment

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. Read More
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Federal Remand Decision Shows Potential Catch-22 for Defendants in CAFA Removals

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. Read More
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When Is There an Uncompensated Benefit but no Unjust Enrichment?

A recent decision shows that not every unpaid-for benefit constitutes unjust enrichment. Read More
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