Plus Feature: Ohio Supreme Court Holds That Crimes Are Torts

Author: Jeremy Gilman (former Partner at Benesch Law)

Crimes are crimes.  And torts are torts.  And now, in Ohio, crimes are also torts.

Let me explain.  In Ohio, as elsewhere, crimes are subject to criminal prosecution and rules of criminal procedure.  The government prosecutes crimes and asks courts to impose criminal penalties.  Continue reading “Plus Feature: Ohio Supreme Court Holds That Crimes Are Torts”

Don’t Wish Too Hard: Ohio Federal Court Tosses Class Claims in Consumer Case for Failure to Allege Actual Damages

Author: Jeremy Gilman (former Partner at Benesch Law)

Wish.com is a website that sells, you guessed it, goods.  Lots of them.  Clothing, watches, smartphone cases, fishing lures, jewelry, handbags, Pokémon cards, electronics, shoes.  Most are inexpensive and made in China, from where they are shipped directly from merchant to consumer.  Tens of millions of different items from thousands of merchants.  One of its senior executives referred to wish.com as “the leading mobile commerce platform in North America and Europe” whose “mission is to give everyone access to the most affordable, convenient, and effective shopping mall in the world.”  Wish.com take a 15% cut on each sale.  ContextLogic, Inc., a privately-held company in San Francisco, developed wish.com. Continue reading “Don’t Wish Too Hard: Ohio Federal Court Tosses Class Claims in Consumer Case for Failure to Allege Actual Damages”

Ninth Circuit Puts the Brakes on Chrysler Class Action

On October 24, 2016, the Ninth Circuit Court of Appeals reversed a district court’s certification of a class against Chrysler Group (“Chrysler”) under the California Consumers Legal Remedies Act.  Because the plaintiff could not establish that damages could be measured on a classwide basis, and because the plaintiff failed to satisfy the typicality and adequacy requirements of Rule 23, the Ninth Circuit reversed certification and remanded for further proceedings.   Continue reading “Ninth Circuit Puts the Brakes on Chrysler Class Action”