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May 31, 2022 | New Ohio Law Prohibits Restrictions Against Students Wearing Religious Apparel While Competing

Boards of education and their administrators should take note that new Section 3313.5317 of the Ohio Revised Code, enacted through Senate Bill 181, took effect on May 30, 2022. This new law prohibits a board of education, governing body of a non-publ...

May 27, 2022 | Governor DeSantis Signs Senate Bill Establishing Building Safety Act for Condominium and Cooperative Associations

Introduction Yesterday, the Governor signed into law Senate Bill 4-D, passed during special legislative session and which is effective upon becoming law. This Bill is a response to the Surfside collapse last year and modifies Florida Statutes Chap...

May 12, 2022 | U.S. Supreme Court Decides Important Regulatory Taking Case In Favor of Property Owners

Property owners won a significant victory in the recent case of Pakdel v. San Francisco, in which the U.S. Supreme Court rejected a restrictive view of the “finality requirement,” which generally requires a government decision to be final before the...

May 11, 2022 | Juneteenth – A Legal Holiday in Ohio for Non-Teaching School District Employees?

Paid holidays for non-teaching school employees are changing again. Effective June 10, 2022, Juneteenth, which is celebrated on June 19, will now be a paid holiday for non-teaching school employees who work 11 or 12 months. A non-teaching employee wh...

May 10, 2022 | 504 Regulations Will Be Amended: Get Your Comments In

The U.S. Department of Education made a recent announcement that it intends to strengthen and protect rights for students with disabilities by amending the regulations implementing Section 504 of the Rehabilitation Act of 1973 (“Section 504”), the Fe...

May 6, 2022 | Court of Appeals Rules That Oil and Gas Company Has Ongoing Obligation to Restore Property Despite General Release of Damages in Surface Use Agreement

On April 11, 2022, the Fourth District Court of Appeals issued a significant decision in Zimmerview Dairy Farms, LLC v. Protégé Energy III LLC establishing that a general release of damages signed in connection with a pad site surface use agreement d...

May 4, 2022 | Primary Election Recap

The Highlights: Trump-backed J.D. Vance emerged victorious in a crowded Republican primary field for U.S. Senate. Vance will face U.S. Rep. Tim Ryan in November. Former Dayton Mayor Nan Whaley won the Democratic primary for governor, while in...

May 2, 2022 | Will Ohio Be Next in Allowing High School Athletes to Profit From NIL?

Over the next two weeks, May 1 – May 16, 2022, 817 Ohio High School Athletic Association (“OHSAA”) school principals will vote in a referendum on Issue 12B, a proposed bylaw that would allow high school athletes to profit off their name, image and li...

May 2, 2022 | Legislation Passed by House of Representatives Would Expand Retirement Benefits

The House of Representatives recently passed The Securing a Strong Retirement Act of 2022 (H.R. 2954), also known as the “Secure Act 2.0,” which would expand and encourage retirement savings by an overwhelming vote of 414-5. The Senate is expected to...

Apr 22, 2022 | Limitations on School District Participation in Tax Valuation Disputes Will Be Law

The Governor of Ohio signed amended House Bill 126 into law on April 21, 2022, greatly restricting the ability of Ohio’s public school districts to challenge property tax valuations. Once the law goes into effect on July 19, 2022, school districts...

Apr 21, 2022 | Court Rejects Use of Eminent Domain for Recreational Trail

There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project.  While previous efforts to stop the bikeway focused...

Apr 14, 2022 | U.S. Supreme Court Expands Definition of What Constitutes a Physical Taking

In a boon to property owners, the U.S. Supreme Court recently expanded the definition of what constitutes a physical taking (one that takes possession of property away from its owner) by including what many practitioners would have classified as a po...

Apr 1, 2022 | What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment.  In Fonzi v. Brown, Slip Opinio...

Mar 31, 2022 | The X Box: EEOC Announces Addition of Nonbinary Gender Option to Discrimination Charge

In recognition of Transgender Day of Visibility, today, the EEOC announced that it would be providing members of the LGBTQI+ community the option to select a nonbinary “X” gender marker when completing the voluntary self-identification questions that...

Mar 29, 2022 | “Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on Noneconomic Damages

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical deformity; (2) lost the use of a...

Mar 7, 2022 | One Less Way for Ohio Landowners to Challenge Royalty Severances

On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed executed prior to 1925 is not li...

Mar 3, 2022 | U.S. Supreme Court Holds That Private Company Can Exercise Federal Condemnation Authority Over State-Owned Land

The U.S. Supreme Court shocked many observers with its recent decision in PennEast Pipeline Co. v. New Jersey by holding that sovereign immunity does not insulate State-owned land from being condemned by a private company in a federal lawsuit.   In...

Feb 16, 2022 | Broadband Access Ohio Formed to Promote High-Speed Internet Across Ohio

A new association established to promote communities' role in broadband access officially launched this morning. Broadband Access Ohio will advocate for access to high-speed, secure internet across the state.   Communities across the state have st...

Feb 15, 2022 | Minor Settlements in Ohio

In an ever-changing legal environment, one thing has always remained true – minor settlements in Ohio require Probate approval, no matter how small. The process may seem daunting, but ultimately there are only three primary steps: (1) preparing and s...

Feb 11, 2022 | The Return of Virtual Open Meetings

The virtual public meeting option available last year because of the COVID-19 pandemic will return with the recent passage of Sub HB 51.  The Ohio Open Meetings Act requires public bodies, including Boards of Education, municipalities and other publi...

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