Insights

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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...

Jul 30, 2021 | Another One Bites the Dust: You Might Be Your Brother Employer’s Keeper (Again)

The U.S. Department of Labor (DOL) has announced a final rule rescinding the Trump administration’s “Joint Employer Status Under the Fair Labor Standards Act” rule, which took effect in March 2020 and provides guidance for determining when multiple e...

Jul 23, 2021 | Stay in or Get Out? Employers Should Evaluate Their Options Under the PBGC’s New Withdrawal Liability Guidance

For employers who contribute to financially-troubled multiemployer pension plans (multiemployer plans), a lot has changed in the last six months. In March, Congress passed the American Rescue Plan Act of 2021 (ARP) which literally rescued multiemploy...

Jul 20, 2021 | Huge Win for Private Student Loan Borrowers

Student loans are notoriously difficult to shed through the bankruptcy process.  A person must show that it would impose an "undue hardship" on them to be required to repay the student loans, and the test for proving undue hardship has historically b...

Jul 19, 2021 | The Uncertainty of Uncertified Deposition Recordings: Something New We All Need to Think About

Remote depositions became more prevalent during the midst of the COVID-19 pandemic. But when court reporters refused to use video to record depositions because they were not certified to do so, some attorneys took the job upon themselves. Though very...

Jul 19, 2021 | Biden Calls for Limits on Noncompete Agreements

President Biden recently issued an Executive Order directing the Federal Trade Commission to adopt rules banning or limiting the use of noncompete agreements. The Order is part of a larger initiative by the Biden Administration to promote competition...

Jul 16, 2021 | Name, Image, and Likeness Reform Is Here: The Business Basics

On June 30, 2021, less than 24 hours before it was set to go into effect, the NCAA unveiled one of the most significant changes in its 115-year history. The governing body announced that it would indefinitely suspend its rules restricting student-ath...

Jul 15, 2021 | HB 244 Prohibits COVID Vaccination Mandates in Public Schools

On Wednesday, Governor DeWine signed HB 244 into law, with an effective date of October 13, 2021. While HB 244’s initial provisions addressed school policies related to enrollment of and educational opportunities for military children, just before th...

Jul 7, 2021 | New Funding, Mandates for K-12 Schools in Ohio’s Operating Budget

Ohio’s FY 22-23 Operating Budget: Overall Policy Implications for K-12 Schools The following document provides an overview of changes to law affecting Ohio’s K-12 schools which are contained in Substitute House Bill 110 (“HB 110”), the State of Oh...

Jul 6, 2021 | The Requirement of In-Person Public Meetings Resumes

As of July 1, 2021, public entities must take care to conduct their public meetings and public business in-person, as was the norm prior to the COVID-19 pandemic. While House Bill 404 extended to July 1, 2021, the prior authorization for public of...

Jun 30, 2021 | New Late Assessment Notice Requirement for Florida Condominium, Cooperative, and Homeowners’ Associations

As of July 1, 2021, Florida condominium, cooperative, and homeowners’ associations will be required to send notice of past due assessments before they can collect attorneys’ fees from the delinquent owner. Currently, the applicable statutes require t...

Jun 29, 2021 | Minding Your P’s and Q’s: How to Properly Assert and Maintain the Empty Chair Defense

The “Empty Chair” defense, or so it has been called, is an affirmative defense under Ohio law that allows a defendant in a tort action to seek an allocation of fault to one or more parties that are not a party to the lawsuit under R.C. 2307.23. This...

Jun 25, 2021 | Ohio Supreme Court Rules that School Employees Must Undergo Training in Order to Carry Firearms on School Grounds

On June 23, 2021, in a 4-3 decision, the Ohio Supreme Court ruled that a resolution passed by the Madison Local School District Board of Education which allowed certain employees of the District to carry firearms on school grounds did not comport wit...

Jun 24, 2021 | Supreme Court Rules in Favor of High School Student in First Amendment Dispute

By Ahmer Sheriff & Hailee Kepchar, Law Clerk On June 23, 2021, the Supreme Court of the United States, in an 8-1 decision, affirmed the rulings of both the United States District Court for the Middle District of Pennsylvania and the Third Circuit...

Jun 22, 2021 | What You Should Know About Liability Waivers for Minors in Ohio

As Ohio’s COVID restrictions are lifting, and families and organizations get back to regular sports and recreational activities, it is important to consider the legal contours of liability waivers that parents sign for their minor children.  In Oh...

Jun 17, 2021 | U.S. Department of Education Issues New Interpretation Providing Protection Against Discrimination Based on Sexual Orientation and/or Gender Identity Under Title IX

On Wednesday, June 16, the United States Department of Education issued a Notice of Interpretation (“Interpretation”) “to make clear that the Department interprets Title IX’s prohibition on sex discrimination to encompass discrimination based on sexu...

Jun 11, 2021 | OSHA Issues COVID-19 Rules for Healthcare Employers Only

On June 10, 2021, Marty Walsh, Labor Secretary and acting assistant Secretary of Labor for Jim Frederick of Occupational Safety and Health Administration, announced the “emergency temporary standard,” or ETS, that identifies what employers must do to...

Jun 11, 2021 | Will Cannabis Ever Be Legalized at the Federal Level?

Many states have legalized the use of cannabis for medical and/or recreational usage. However, cannabis is still listed as a Schedule I drug under the Controlled Substances Act and thus illegal at the federal level. Passage of the Marijuana Opportuni...

May 28, 2021 | BWC Proposes New Rule Excluding COVID-19 Claims From an Employer’s Experience Rating

The Bureau of Workers’ Compensation (BWC) is proposing a new rule which will exclude COVID-19 claims from an employer’s experience rating.   In proposing the new rule, the BWC noted that pandemics are generally considered catastrophes and the pres...

May 28, 2021 | EEOC Issues Updated Technical Guidance Regarding COVID-19 Vaccinations

On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated technical guidance regarding COVID-19 vaccinations consistent with federal civil rights laws enforced by the EEOC. The EEOC technical guidance states that “[a]nalysi...

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