Insights

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Jan 8, 2020 | What Makes an Undue Hardship in Religious Accommodation? Change May be on the Horizon

Employers subject to Title VII of the Civil Rights Act of 1964 and most state laws understand that they have an obligation to reasonably accommodate the religious beliefs of their employees, unless such accommodation constitutes an “undue hardship.”...

Jan 6, 2020 | Social Equity Provisions in Illinois Cannabis Law

Beginning January 1, 2020, adults over the age of 21 in the state of Illinois can legally purchase cannabis from licensed dispensaries. This Illinois recreational cannabis program will have a significant social equity component, including giving a le...

Jan 6, 2020 | After Knick, A Property Owner Can Remove an Eminent Domain Case to Federal Court, Right? Not so Fast!

On June 21, 2019, the U.S. Supreme Court decided the landmark case of Knick v. Twp. of Scott, Pennsylvania, 139 S.Ct. 2162 (2019), holding that a property owner can bring an action in federal court under 42 U.S.C. § 1983 to recover just compensation...

Jan 2, 2020 | Legislative Priorities for 2020

The Roetzel legislative team has been busy working on three (3) policy issues, which are poised for reform in 2020.   Academic Distress Commission (ADC) Reform  The Roetzel legislative team has led the charge for recognizing verifiable academic i...

Jan 2, 2020 | Required Detail for Board Meeting Minutes

Two recent decisions from the Eleventh District Court of Appeals (Portage County), State ex rel. Ames v. Brimfield Township Board of Trustees, both decided in December 2019, serve as a reminder to public boards of education for not only compliance wi...

Jan 2, 2020 | Recommendations and Requirements for the Organizational Meeting of the Board of Education

All city, local and exempted village school district boards of education must conduct an “organizational meeting” during the first fifteen (15) days of January of each year in accordance with R.C. 3313.14. Once the date is established, following a ca...

Dec 27, 2019 | The SECURE Act Ends the Stretch IRA

On December 19, President Trump signed the Setting Every Community Up for Retirement Enhancement (“SECURE”) Act as part of the government’s spending bill.  Under current law, depending on whether a deceased account owner died before or after his or r...

Dec 19, 2019 | Federal Appeals Court Strikes Down Key Obamacare Rule

A federal appeals court has ruled that the Affordable Care Act’s (“ACA”) individual mandate is unconstitutional. On December 18, 2019, the Fifth Circuit Court of Appeals struck down this key Obamacare provision and remanded the case to the district c...

Dec 19, 2019 | Ohio’s Solution for Exorbitant Towing and Storing Fees: Ohio Revised Code 4513.70

Ohio Revised Code 4513.70 permits an insurance company to bring a civil action against a towing service or storage facility to recover a motor vehicle, dispute the amount billed for services, or both.1 The action must be filed within 30 days of recei...

Dec 3, 2019 | Ohio Supreme Court Applies 21-Year Statute of Limitations in Oil and Gas Lease Dispute

In the closely-followed case of Browne v. Artex Oil Co., 2019-Ohio-4809, issued on November 26, 2019, the Supreme Court of Ohio ruled that Ohio’s 21-year statute of limitations applies to a landowner’s declaratory judgment claim that an oil and gas l...

Nov 26, 2019 | The Star System: How Will Your School District Rate?

On November 22, 2019, Auditor Keith Faber announced that his office plans to rate local governments and state agencies based upon implementation and application of best practices for compliance with Ohio’s Sunshine and Open Meetings Laws. The annual...

Nov 18, 2019 | What Every Employer Needs to Know About CBD

The market for CBD products is booming. People are using CBD to treat various health conditions, such as chronic pain, inflammation, and anxiety disorders. The growing list of CBD-infused products includes lotions, oils, sprays, beverages, vapors, co...

Oct 29, 2019 | USDA Proposed Hemp Rules

Today, the U.S. Department of Agriculture (“USDA”) released the much-anticipated proposed hemp regulations for public comment. The establishment of a U.S. Domestic Hemp Production Program was mandated by Congress in the 2018 Farm Bill, passed in Dece...

Oct 28, 2019 | What You Need to Know About Florida’s Medical Marijuana Program

Florida is among the ever-increasing number of states that allow the use of medical marijuana. According to industry sources, the five states with the fastest growing medical marijuana markets are Florida, Illinois, Maryland, Ohio and Oklahoma. In Fl...

Oct 23, 2019 | Ohio is a Prime Market for CBD-Related Products

With the recent passage of Ohio Senate Bill 57 (“SB 57”) legalizing hemp and hemp-derived cannabidiol (“CBD”), Ohio has become a prime market for CBD products. The Agricultural Improvement Act of 2018 (“2018 Farm Bill”) cleared the way to legalize CB...

Oct 16, 2019 | Proposed Rules on Hemp Cultivation and Processing in Ohio

Ohio Senate Bill 57 (“SB 57”) was signed into law on July 30, 2019 and legalized the cultivation and processing of hemp in the state. This followed the 2018 Farm Bill, signed into law December 20, 2018, which decriminalized hemp on the federal level....

Oct 14, 2019 | Florida Hemp Program

On October 10, 2019, the Florida Department of Agriculture and Consumer Services (“FDACS”) published a Notice of Proposed Rules on the licensure and cultivation of hemp in the Florida Administrative Register. This rulemaking implements Florida Senate...

October 2019 | The Ohio Senate is Moving on ADC Reform

The Ohio Senate Education Committee has renewed its interest in reforming state takeovers (H.B. 70). The most recent state budget, H.B. 166 (adopted in July 2019) included a moratorium prohibiting the state superintendent from creating any new Academ...

October 2019 | The Many Faces of Trauma: A National Epidemic Impacting Mental Health and Academic Success

Trauma does not discriminate – it has many faces. It is the sixth-grade student who lost a sibling, the first-grade student placed into foster care, the eleventh-grade student who was sexually abused, the second-grade student who witnessed a drive-by...

October 2019 | Are School Districts Required to Accommodate Employees' Use of Medical Marijuana?

Medical marijuana has finally arrived. Over 53,000 Ohio residents have applied for and received medical marijuana cards. Ohio’s first dispensaries have opened and begun selling marijuana recommended by physicians for the treatment of 21 different med...

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