Insights

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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...

Nov 20, 2020 | HB 404 Addresses Virtual Meetings, Virtual Learning, and Excess CARES Funding

Update: Governor Mike DeWine signed HB 404 into law on November 23, 2020 In March, the General Assembly made temporary changes to Ohio’s Open Meetings Act, which governs the practices of public bodies.1  House Bill 197 allowed such bodies (includi...

Nov 11, 2020 | 2021 Outlook on Business and Employment-Based Immigration

In the year 2020, the Trump Administration announced many changes to employment-based immigration. With many of these changes currently being litigated, and in light of the presumptive results of the recent presidential election, it is unclear what c...

Nov 5, 2020 | Governor Extends Florida State of Emergency for Additional 60 Days

Governor Ron DeSantis issued Executive Order 20-276 on November 3, 2020, which extends the state of emergency in Florida for another 60 days through January 2, 2021. DeSantis initially issued Executive Order 20-52 on March 9, 2020 for the entire stat...

Nov 4, 2020 | GOP Expands Statehouse Dominance in 2020 Election

Election Day is now behind us. Though voters had been repeatedly cautioned to be patient, Ohioans need not wonder who will control the Ohio Statehouse come January. Republicans saw resounding victories, picking up seats in both the Ohio Senate and th...

Nov 2, 2020 | Governor DeWine Requests BWC Send $5 Billion Dividend to Ohio Employers

On October 28, 2020 Governor Mike DeWine issued a press release which requested the Ohio Bureau of Workers' Compensation (BWC) send up to $5 billion in dividends to Ohio employers to ease the continued financial impact from the COVID-19 pandemic....

Oct 27, 2020 | Ohio Controlling Board Approves $420 Million in COVID-19 Relief Funding

On October 26, 2020, Ohio Governor Mike DeWine announced the Ohio Controlling Board has approved a Coronavirus Aid, Relief, and Economic Security (CARES) Act package of nearly $420 million. The relief package, which is intended to aid those financial...

Oct 26, 2020 | Litigation Impacts that Ohio HB 606 Will Have on Helping Ohio Businesses Defend against COVID-Related Transmission

As detailed in a recent Roetzel Public Law alert, the Ohio legislature passed House Bill 606 (“H.B. 606”) to grant civil immunity to Ohio businesses regarding civil lawsuits for “injury, death or loss” related to the “transmission or contraction: of...

Oct 23, 2020 | New Liability Protection for Purchasers of Contaminated Properties in Ohio

On September 14, 2020, Ohio incorporated the federal “Bona Fide Prospective Purchaser” (“BFPP”) defense to hazardous substance liability into state law through the enactment of House Bill 168. The BFPP defense allows purchasers to buy property with k...

Oct 15, 2020 | Estate Planning Techniques to Consider In Anticipation of Potential Changes to Estate and Gift Tax Law

The upcoming election has caused many taxpayers to be concerned regarding potential changes to the estate and gift tax law.   Currently, the federal gift and estate tax exemption is $11.58 million per person.  This is the highest the exemption has ev...

Oct 14, 2020 | Public Employee Loses First Amendment Retaliation Claim After Publicly Posting a Racial Slur on Facebook That Caused Sufficient Workplace Disruption

The Sixth Circuit Court of Appeals, in Bennett v. Metro. Gov’t of Nashville, recently addressed the issue of whether a public employee’s use of a racial slur when discussing politics on Facebook is sufficiently protected by the First Amendment to out...

Sep 16, 2020 | Civil Immunity for Schools, Businesses, and Healthcare Providers Related to Coronavirus

Ohio House Bill 606 (“HB 606”) provides civil immunity to schools, businesses, and healthcare providers that unknowingly spread coronavirus. HB 606 specifies that the definition of person “includes a school, a for-profit or nonprofit entity, a govern...

Sep 15, 2020 | DOL Updates FFCRA Regulations, Effective 9/16/2020, in Response to Federal Court Decision

In early August, a New York federal court struck down a number of Department of Labor (DOL) regulations applying the new Families First Coronavirus Response Act (FFCRA) as invalid. Specifically, the Court invalidated regulations: (1) limiting paid le...

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