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Jones Day Columbus, OH Document Search Results (11) Show: results per page Sort by:  | Supreme Court Rules that Automated Phone Call Lawsuits May Be Brought in Federal or State Courts
J. Todd Kennard, Kevin D. Lyles, Mauricio F. Paez, Brandy Hutton Ranjan; Jones Day;
Legal Alert/Article May 29, 2012, previously published on May 2012 The United States Supreme Court recently held that a person who receives an automated debt-collection call on his cellular phone in violation of the federal Telephone Consumer Protection Act ("TCPA") can choose to file a lawsuit in state or federal court.[1] The unanimous ruling resolved...
|  | The Aftermath of Awuah: Are Courts Encroaching on a Franchisor's Traditional Protections From a Franchisee's Employment Decisions?
Michael J. Gray, Jeffrey J. Jones, J. Todd Kennard, E. Michael Rossman, Andrew J. Sherman; Jones Day;
Legal Alert/Article May 25, 2012, previously published on May 2012 There is growing concern over whether courts will deem franchisees "employees" or "joint employers," as opposed to contractors or wholly separate enterprises, as further decisions are handed down in the wake of the highly publicized Awuah case and courts grapple with today's...
| | Federal Jury Returns Verdicts in Rare Price-Fixing Trial of Global Liquid-Crystal Displays Conspiracy
Bernard E. Amory, John M. Majoras, Hiromitsu Miyakawa, Ryan C. Thomas, Peter J. Wang; Jones Day;
Legal Alert/Article April 12, 2012, previously published on April 2012 Companies and individuals that are accused of price-fixing rarely go to trial. Indeed, in the last 10 years, no corporate defendant (and only a handful of individuals) has elected to litigate an international criminal cartel case in a U.S. court. The vast majority of cases are resolved through...
| | Appellate Court Rules that "Evolving and Continuous" Breaches of "Franchise Agreement" Allow Termination Even Though Manufacturer Had Prior Knowledge of Problems
Jeffrey J. Jones, J. Todd Kennard; Jones Day;
Legal Alert/Article February 1, 2012, previously published on January 2012 The Supreme Court of Alabama recently ruled that a manufacturer was not precluded from terminating a "franchise" agreement under a state dealer statute even though the manufacturer had knowledge of the problems at issue more than 180 days before the proposed termination (the length of...
| | Is Chapter 9 the Next Chapter in the Municipal Saga?
Mark G. Douglas, Joseph M. Witalec; Jones Day;
Legal Alert/Article December 9, 2011, previously published on November/December 2011 Fallout from the Great Recession continues to figure prominently in world headlines, as governments around the globe struggle to implement or extend programs designed to jump-start stalled economies and attempt to gauge the health of financial institutions deemed "too big to fail" or...
| | Smack-Down of a Straitjacket
Laird Nelson, Charles M. Oellermann; Jones Day;
Legal Alert/Article October 26, 2011, previously published on September/October 2011 Postconfirmation liquidation and litigation trusts have become an important mechanism in a chapter 11 bankruptcy estate's arsenal, allowing for the resolution of claims and interests without needlessly delaying confirmation in the interim. The specter of postconfirmation litigation may seem...
| | Federal Court Enjoins Sale of Dealership Pending Manufacturer's Exercise of Right of First Refusal
Jeffrey J. Jones, J. Todd Kennard; Jones Day;
Legal Alert/Article August 1, 2011, previously published on July 2011 A federal district court preliminarily enjoined a dealer's attempt to sell the dealership to third parties, finding that the manufacturer would "suffer immediate and irreparable injury" if the injunction motion had not been granted. Mercedes-Benz USA, LLC v. Star Automobile Co., et al.,...
| | Federal District Court Denies Class Certification on Risk Utility Claims
Jeffrey J. Jones, J. Todd Kennard; Jones Day;
Legal Alert/Article July 25, 2011, previously published on July 2011 A United States District Court has again denied plaintiffs’ efforts to certify a class related to alleged design flaws in automotive seats. Lloyd v. General Motors Corp., et al., --- F. Supp.2d ---, 2011 WL 2433091 (D. Md. June 16, 2011). The Lloyd decision is significant because it...
| | German Court Holds Indirect Purchasers Have Standing, Defendants May Invoke Passing-On Defense
Thomas Jestaedt, John M. Majoras, Johannes G. Zöttl; Jones Day;
Legal Alert/Article July 15, 2011, previously published on July 2011 The German Federal Civil Court (BGH) has held that both direct and indirect purchasers may sue for antitrust damages, but defendants may raise the passing-on defense. Through the passing-on defense, defendants try to demonstrate that plaintiffs suffered no financial harm, as they passed on the...
| | Supreme Court Limits Personal Jurisdiction Over Out-of-State Defendants
Meir Feder, Eric E. Murphy; Jones Day;
Legal Alert/Article July 11, 2011, previously published on July 2011 On June 27, 2011, the Supreme Court issued a pair of important decisions limiting state courts' personal jurisdiction over out-of-state defendants, Goodyear Dunlop Tires Operations, S.A. v. Brown, No. 10-76 (U.S. June 27, 2011), and J. McIntyre Machinery, Ltd. v. Nicastro, No. 09-1343 (U.S. June...
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