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Oct 11, 2021 | Ohio Court Reaffirms Employer’s Right to Raise Voluntary Abandonment

In two separate rulings, Ohio courts reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. House Bill 81 (H.B. 81), signed into law by Governor DeWine in J...

Oct 11, 2021 | Ohio CDL Manuals Do Not Alter the Standard of Care for Truck Drivers

A recent opinion by an Ohio Federal Court rejects an argument frequently made by the plaintiffs’ bar in truck accident cases – that commercial truck drivers should be held to a higher standard of care because they are “professional drivers.” To make...

Oct 5, 2021 | Can I Challenge the Authority of a Condemning Party in Ohio?

I regularly present on eminent domain, and one of the most common questions that came up this past year during live or remote presentations had to do with necessity determinations made by a condemning authority.  Basically, people today want to kn...

Sep 29, 2021 | Kentucky Federal Court Allows Hospital to Proceed with Vaccination Policy for Employees

In what is likely to be just the first of many court challenges to private employer COVID-19 vaccination requirements, a United States District Court judge in Kentucky refused to stop a hospital from requiring its employees to receive the COVID-19 va...

Sep 24, 2021 | What Do I Need to Know About Eminent Domain Compensation?

When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation.  This process is ultimately what a lot of U.S. eminent domain pr...

Sep 14, 2021 | What Are the 3 Types of ‘Takings’ for Eminent Domain Cases in the US?

About to enter eminent domain proceedings? Chances are your case falls into one of the three main ‘taking’ categories defined by your state’s constitution.  3 Basic ‘Takings’ Categories for Eminent Domain Cases in the US If you don’t already kn...

Sep 10, 2021 | President Biden Orders OSHA to Issue Rule Requiring Large Employers to Mandate That Employees Get Vaccinated For COVID-19 Or Undergo Weekly Testing

On September 9, 2021, President Biden directed OSHA to issue a rule requiring private sector employers with 100 or more employees to mandate that employees either get an approved COVID-19 vaccination or produce a negative test on a weekly basis. In a...

Sep 9, 2021 | School Bus Stop-Arm Camera Laws: Safety Takes a Front Seat as Ohio Kids Head Back to Class

by Patrick B. Healy Children are returning to in-person learning and legislatures across the nation are working to keep them safe while they travel between home and school. Following a tragic October 2018 accident where a motorist struck and kille...

Sep 8, 2021 | School Bus Stop-Arm Camera Laws: Safety Takes a Front Seat as Kids Head Back to Class

Children are returning to in-person learning and legislatures across Indiana, Kentucky, and Ohio are working to keep them safe while they travel between home and school. Following a tragic October 2018 accident where a motorist struck and killed thre...

Sep 7, 2021 | What You Should Know About Proposed Estate Tax Law Changes

While there has been a lot of confusion about various estate tax law changes that are currently being proposed in Washington, below is a helpful summary of the tax proposals currently being considered and the implications it could have on you. Sen...

Sep 7, 2021 | UPDATE: Illinois Governor Extends Mandatory Vaccination Deadlines for Health Care Workers

On September 3, 2021, Governor Pritzker revised his Order related to mandatory COVID-19 vaccination of health care workers (see Illinois Governor’s Order Mandates COVID-19 Vaccine for Health Care Workers, published August 30, 2021) to extend complian...

Sep 1, 2021 | Health Care Practice Check-Up: Are You Violating Stark Without Knowing It?

Anyone involved in the health care industry has heard of the Stark Law (Stark). Most people understand it to prohibit referrals of certain “designated health services” between persons or entities that have a compensation or investment/ownership relat...

Aug 30, 2021 | Illinois Governor’s Order Mandates COVID-19 Vaccine for Health Care Workers

On August 26, 2021, Governor Pritzker signed Executive Order No. 87 (Order) that, among other provisions, mandates that Illinois health care workers be vaccinated against COVID-19. To what health care workers does this Order apply? “Health care...

Aug 27, 2021 | Public Use vs. Necessity | The Two Pillars of Eminent Domain

When we talk about eminent domain (ED) proceedings in the United States, it is important to split ED protocols into two main pillars; public use and necessity. While these two terms often go hand in hand – i.e. ED takings must be necessary and for pu...

Aug 23, 2021 | Illinois Legislature Enacts Law Regulating Restrictive Covenants

On August 13, 2021, Governor Pritzker signed a new law regulating restrictive covenants in employment agreements involving Illinois employees, to be effective January 1, 2022. The impacted restrictive covenants are (i) covenants not-to-compete (e.g.,...

Aug 20, 2021 | What Are My Constitutional Rights for Eminent Domain Appeals in Ohio?

In the last five years, several new cases have come before Ohio’s Supreme Court related to eminent domain (ED) law, as well as the rulings, rights, and amendments surrounding Ohio’s ED process. It can be a complex issue to follow, so to ground mys...

Aug 19, 2021 | OSHA Revises its COVID-19 Guidance to Incorporate the CDC’s Latest Recommendations

On August 13, 2021, OSHA released updated guidance on mitigating and preventing the spread of COVID-19 in the workplace. The revised guidance incorporates the CDC’s recommendation that vaccinated employees wear masks indoors in areas with substantial...

Aug 13, 2021 | O Say Can You See? Federal Courts Say Military Members Entitled to Paid Leave

This week, the federal appellate court in Pennsylvania ruled that workers who take leave to serve in the military must be paid for that time if their employers offer other forms of comparable short-term paid leave. The Third Circuit Court of Appeals...

Aug 12, 2021 | Can I Appeal My Eminent Domain Case in Ohio?

Have you heard? Thanks to a recent decision made by the Ohio Supreme Court (OSC), some of the most common threshold challenges and issues that come up when we pursue cases of eminent domain (ED) are getting the much-needed attention they deserve!...

Aug 10, 2021 | Does Joint & Several Liability Apply to Punitive Damages?

The application of joint and several liability to economic and non-economic damage awards is well established, but its application to punitive damages is less clear. In Ohio, a defendant who is found more than 50% responsible for a plaintiff’s injuri...

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