News & Publications

Supreme Court Holds Off-Premises Signs Require Less Than Strict Scrutiny Under First Amendment

The U.S. Supreme Court issued an opinion on April 21 addressing the regulation of "off-premises" signs, holding that such regulations are not subject to strict scrutiny under the First Amendment. City of Austin v. Reagan National Advertising of Austin, No. 20-1029 (Apr. 21, 2022) (opinion here) contends with a municipal regulation in Austin, Texas, distinguishing between on-premises and off-premises signs. "On-premises" signs advertise goods, services, ideas, etc., offered at the same physical location of the sign.  "Off-premises" [...]

In Split Decision, Tenth Circuit Affirms Dismissal In Overdraft Charge Dispute

In a split decision, the United States Court of Appeals for the Tenth Circuit recently affirmed a lower court's dismissal in a suit in which a customer of a bank challenged the bank's overdraft charge practices and claimed they constituted usurious loans.  See Walker v. BOKF, Nat'l Ass'n, 2022 U.S. App. LEXIS 9708 (10th Cir. Apr. 8, 2022).  The plaintiff in the action holds a checking account with BOKF, National Association (the "Bank").  Plaintiff overdrew his checking [...]

Does CAFA Permit Appellate Review Of Sua Sponte Remand Orders?

Ohio Substantially compliant acknowledgment clause WWSD, LLC v. Woods, 10th Dist. Franklin No. 20AP-403, 2022-Ohio-952 In this appeal, the Tenth Appellate District affirmed the trial court's decision, agreeing that although the acknowledgment clause erroneously stated the previous sheriff's name, the clause substantially complied with Ohio's statutory requirements and the sheriff's deed was valid. The Bullet Point:  At issue in this dispute was the sufficiency of a sheriff's deed that conveyed title in real property to the [...]