Insights

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Jan 14, 2021 | Paycheck Protection Program Second Draw Opens for Small Healthcare Service Providers

Signed into law on December 27, 2020, The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act creates a second opportunity for businesses that have utilized the full amount of their First Draw Paycheck Protection Program (“PPP”) loa...

Jan 14, 2021 | Paycheck Protection Program Second Draw Opens for Small Businesses, Hotels, & Restaurants

Signed into law on December 27, 2020, The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act creates a second opportunity for businesses that have utilized the full amount of their First Draw Paycheck Protection Program (“PPP”) loa...

Jan 12, 2021 | Are Violations of the FMCSRs Admissible to Show Negligence in a Trucking Case? Not According to the Sixth Circuit

In trucking cases, plaintiff’s lawyers like to use the Federal Motor Carrier Safety Regulations (“FMCSRs”) against trucking companies and their drivers. Sometimes the FMCSRs are used to argue that truck drivers are “professional drivers” and should b...

Jan 8, 2021 | Big Changes as Employers Prepare to Hire Foreign Workers

For employers seeking to hire foreign workers in the near future, the recent changes to the H-1B program and the presidential Administration will certainly present a lot of questions. On January 7, 2021, the U.S. Citizenship and Immigration Services...

Jan 8, 2021 | Long-Standing Discrimination Protections Are Proposed to Change in Final Days of Trump Administration

In the final days of the Trump Administration, the Department of Justice (DOJ), through the federal rule-making process, is aiming to scale back certain protections for protected classes that currently exist under Title VII of the Civil Rights Act of...

Jan 7, 2021 | SERB’s Picketing Restrictions Ruled Unconstitutional

On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both the United States and Ohi...

Jan 6, 2021 | The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”)

As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow roll out of the COVID-19 vac...

Jan 5, 2021 | The Ohio Supreme Court Holds Driving On but Not Over the Highway Fog Line Is Not a Violation of Ohio Law

In a decision interpreting an Ohio traffic statute concerning highway driving, the Ohio Supreme Court recently held that the single solid white longitudinal line on the right-hand edge of a roadway – the fog line – merely discourages or prohibits a d...

Jan 4, 2021 | The New Year Brings a More Relaxed, Pro-Business Summary-Judgment Standard

In the waning hours of 2020, the Florida Supreme Court changed Florida’s summary-judgment standard by adopting the much more relaxed federal standard. Although the change does not take effect until May 2021–and even then Florida judges may initially...

Dec 31, 2020 | Congress Passes COVID-Related Tax Relief

On December 27, 2020, the President signed the Consolidated Appropriations Act, 2021 (“Act”). Within the Act’s 5,593 pages are two separate Acts that provide credits and other tax relief to taxpayers affected by the coronavirus: the “COVID-related Ta...

Dec 30, 2020 | Payroll Protection Act Provisions of the Recently Signed COVID-Related Tax Relief Legislation

On Sunday, December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021 (“Act”). Within the Act there are a number of provisions that affect current and future Payroll Protection Program (“PPP”) loan provisions that we h...

Dec 23, 2020 | SolarWinds Breach – Is My City, County, School District at Risk?

On December 13, 2020 the U.S. Department of Homeland Security announced that a compromise of U.S. government systems was associated with the malicious exploit of the IT service management tool SolarWinds Orion. The announcement was made public in DHS...

Dec 23, 2020 | New COVID-19 Relief Bill Does Not Require Employers to Provide Paid Leave in the New Year

On the evening of December 21, Congress passed a $900 billion COVID-19 relief bill, which is awaiting the signature of President Trump. As the new legislation does not extend the emergency paid sick leave and extended paid caregiver leave requirement...

Dec 22, 2020 | Can an Ohio Jury Award $0 for Pain and Suffering Even When It Finds That Plaintiff Was Injured? It Depends.

Non-economic damages for pain and suffering are a source of constant consternation for Ohio courts because of their intangible properties and unquantifiable characteristics, which is why the subject is normally left for juries to determine. But like...

Dec 18, 2020 | EEOC Releases Guidance About COVID-19 Vaccine

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) released guidance relative to the COVID-19 vaccine and an employer’s obligations with respect to the vaccine under the Americans with Disabilities Act (ADA), Title VII, and the...

Dec 17, 2020 | Ohio Supreme Court Adopts “Reasonable Diligence” Standard for Surface Owners Seeking to Abandon Severed Mineral Interests Under the Dormant Mineral Act

On December 17, 2020, in yet another significant case involving severed mineral interests, the Supreme Court of Ohio issued its opinion in Gerrity v. Chervenak, 2020-Ohio-6705.  In a unanimous decision to affirm, the Court held that surface owners wh...

Dec 15, 2020 | The Supreme Court of Ohio Disqualifies a Trial Court Judge for Failure to Implement COVID-19 Safety Measures

“During this public-health emergency, a judge’s priority must be the health and safety of court employees, trial participants, jurors, and members of the public entering the courthouse”  - Supreme Court of Ohio An Ohio attorney recently sought to...

Dec 11, 2020 | Ohio Unveils New Data Website as Part of a Transparency Initiative

Lt. Gov. Jon Husted rolled out DataOhio, fulfilling Gov. Mike DeWine’s campaign pledge to provide open, secure access to data to the public, media and policy makers. The technology platform, found at data.ohio.gov, will display datasets, facilitate r...

Dec 10, 2020 | Ohio Supreme Court Clarifies a Plaintiff’s Burden in Negligent Hiring, Retention, and Supervision Cases

In addition to statutory claims that employees may bring against their employers, there are a group of common law claims that are also available. It is not unusual, in a harassment or discrimination case, to also see claims for negligent hiring, supe...

Dec 2, 2020 | Ohio Supreme Court Rules That the Marketable Title Act Is Applicable to Severed Mineral Interests

In a closely-watched case that carried potentially drastic consequences, on December 2, 2020, the Supreme Court of Ohio issued its decision in West v. Bode, 2020-Ohio-5473.  In a close 4-3 decision, the Court held that there is no “irreconcilable con...

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