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Posted by: Azya Thornton on Jun 9, 2025

CLAY, Circuit Judge. Defendant City of Cleveland appeals the district court’s class certification order of the “Water Lien Class” pursuant to Rules 23(b)(2) and 23(b)(3) of the Federal Rules of Civil Procedure. The Class consists of at least 943 individuals in Cuyahoga County, Ohio, all African American, who were assessed a water lien by the City. For the reasons set forth below, we AFFIRM.

Posted by: Azya Thornton on Jun 9, 2025

RITZ, Circuit Judge. Brian Lyngaas, a dentist, sued dental insurance provider United Concordia Companies, Inc. (UCCI) for sending unsolicited faxed advertisements in violation of the Telephone Consumer Protection Act (TCPA). The district court granted summary judgment for UCCI. We reverse.

Posted by: Azya Thornton on Jun 9, 2025

KAREN NELSON MOORE, Circuit Judge. Fifteen Ohio and Florida restaurants and bars challenge the Small Business Administration’s operation of a COVID-19 relief program. Whatever the merits of that challenge, it is now too late to grant any effectual relief. As the district court correctly held, this case is moot. We AFFIRM.

Posted by: Stacey Shrader Joslin on Jun 9, 2025

The Tennessee Supreme Court on June 9 issued an order granting permission for the Board of Professional Responsibility to file a response to Brian Kirk Kelsey’s filing seeking immediate reinstatement. It also allowed Kelsey to file a response to the board’s response if he chooses to do so. The court suspended Kelsey from the practice of law in 2022 after he pleaded guilty to an illegal campaign finance scheme. President Donald Trump pardoned Kelsey in March.

Posted by: Azya Thornton on Jun 9, 2025

JULIA SMITH GIBBONS, Circuit Judge. This case centers on whether Plaintiff- Appellee Jessica Hines is bound by an arbitration provision included in contracts she signed on three different occasions between October 2020 and June 2023. In September 2023, Hines sued Defendant-Appellant National Entertainment Group, LLC (“NEG”), an adult entertainment club in Columbus, Ohio, for failing to properly compensate its employees under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq.; the Ohio Minimum Fair Wage Standards Act, Ohio Rev. Code § 4111.01 et seq.; the Ohio Semi-Monthly Payment Act, Ohio Rev. Code § 4113.15; Ohio Rev. Code § 2307.60; and common law unjust enrichment. NEG moved to dismiss Hines’s suit or, in the alternative, to stay the proceedings pending completion of arbitration that the parties contractually agreed to in their Lease Agreement Waiver (the “Lease Waiver”). Although Hines does not dispute that she signed three separate agreements to arbitrate, she argues that the agreements are unenforceable because they are both procedurally and substantively unconscionable. Agreeing with Hines, the district court denied NEG’s motion to dismiss and declined to enforce the parties’ agreement to arbitrate. We vacate the district court’s denial of NEG’s motion to stay pending the completion of arbitration and remand for further proceedings consistent with this opinion.

Posted by: Azya Thornton on Jun 9, 2025

A Davidson County jury convicted the Defendant, Trameisha L. Farris, of first degree felony murder, and the trial court imposed a sentence of life imprisonment. On appeal, the Defendant challenges the legal sufficiency of the evidence supporting her conviction. More specifically, she argues that (1) the evidence is legally insufficient to prove that a robbery occurred; and (2) even assuming that a robbery occurred, the State failed to prove that she participated in that crime. Upon our review, we respectfully disagree with the Defendant and affirm the judgment of the trial court.

Posted by: Stacey Shrader Joslin on Jun 9, 2025

The Tennessee Supreme Court on June 3 directed Davidson County attorney Carrie Archie Russell to complete outstanding requirements with the Tennessee Commission on Continuing Legal Education (CLE) after she filed a petition for reinstatement. The court ruled that if the outstanding obligations are not satisfied by July 17, it will dismiss the petition for reinstatement.

Posted by: Azya Thornton on Jun 9, 2025

The plaintiff homeowners’ association filed this lawsuit against certain defendant homeowners who owned homes within its subdivision, seeking to enjoin the homeowners from using their residences as short-term rentals. After discovery, both parties filed motions for summary judgment that focused on interpretation of the association’s restrictive covenants with respect to short-term rental properties. Following a hearing on the competing motions for summary judgment, the trial court granted summary judgment in favor of the defendant homeowners and concomitantly denied the association’s motion. The trial court concluded that the language of the restrictive covenants was ambiguous as to short-term rentals and therefore unenforceable to enjoin the homeowners from using their residences as short-term rental properties. The association has appealed. Discerning no reversible error, we affirm.

Posted by: Stacey Shrader Joslin on Jun 9, 2025

The Rutherford County Library Board has reversed its decision to ban books on transgender topics, according to the Daily News Journal. The change comes after board members were counseled they likely would lose any First Amendment-based legal challenges. Board member Cody York, who had presented the ban as a way of protecting children, said he will make it a priority to craft new policies on the issue when he assumes the board chair position next month. In 2023, the board voted to remove four young adult books. The Rutherford County Board of Education also has taken action against certain books in 2024 and 2025.

Posted by: Azya Thornton on Jun 9, 2025

June 2, 2025 - June 6, 2025.


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