Insights

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Feb 2, 2017 | New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is shared in common with the g...

Jan 30, 2017 | Governor Kasich Releases $144 Billion State Budget Proposal - What You Need to Know

Today, Governor Kasich released the executive version of the state’s two-year operating budget (Fiscal Years 2018-2019), which includes proposed spending of over $144 billion during the biennium. Similar to his previous three (3) budgets, the Governo...

Jan 12, 2017 | New Form I-9, Employment Eligibility Verification

After much anticipation, on November 14, 2016, the United States Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. USCIS announced that effective January 22, 2017, employers mus...

Jan 6, 2017 | Ohio Governor Kasich Signs into Law Presumption for Cancer Incurred During Work Activities

On January 4, 2017, Governor John Kasich signed the Michael Louis Palumbo, Jr., Act (The Act) into law, which provides a rebuttable presumption that a firefighter who is disabled due to certain cancers, contracted the same, while performing his or he...

Dec 12, 2016 | Ohio Legislature Concludes 131st General Assembly in Marathon Session Lasting Until 3:30 AM Last Friday

After a whirlwind final week of the lame duck session, where the Legislature passed various, often times emotion-evoking measures (including gun rights, abortion, unemployment compensation fund changes, municipal minimum wage pre-emption, and modific...

Dec 9, 2016 | Ohio Supreme Court Rules Concurrent Benefit Awards Not Authorized by Law

Yesterday, in a 5-2 opinion, the Ohio Supreme Court ruled that the Ohio Industrial Commission had abused its discretion when it awarded concurrent benefits to an injured worker (State ex rel. Ohio Presbyterian Retirement Servs., Inc. v Indus. Comm.,...

Dec 8, 2016 | How the Grinch Stole Christmas? Hard Lessons from the Federal Eleventh Circuit

This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016).  The appeal began like any other: the appellant sought review from...

Dec 5, 2016 | Expanding Horizons for Startup and Small Companies Raising Capital

If you are a startup or small company looking to raise funds from investors, newly amended Rule 504 should catch your eye. Effective January 20, 2017, Rule 504 of Regulation D will allow startups and small companies to sell securities in an amount up...

Nov 22, 2016 | Florida Medical Marijuana Law Will Take Effect January 2017

Florida voters passed a new medical marijuana law, Amendment 2, on November 8, 2016. Florida joins 27 other states, the District of Columbia, Puerto Rico, and Guam in allowing public medical marijuana programs. The new law will have far-reaching effe...

Nov 17, 2016 | The Florida Medical Marijuana Law and Your Community Association - What You Need to Prepare For

With the recent passing of the Florida Medical Marijuana Law, there are two primary concerns for community associations and country clubs as it relates to this new amendment: Do you have rules in place regarding usage on your property? Have y...

Nov 17, 2016 | NLRB's Persuader Rule Permanently Dead

Labor lawyers at Roetzel have warned clients about the National Labor Relations Board’s (NLRB) controversial “Persuader Rules” for five years. However, thanks to a court in Texas that permanently enjoined the rule, we no longer have to worry that it...

Nov 15, 2016 | Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review whether they have complied....

Nov 9, 2016 | Post-Presidential Election Outlook

Donald J. Trump (R) defeated former Secretary of State Hillary Clinton (D) to become the 45th President of the United States of America, ending a long campaign season. The Republicans also kept majorities in the U.S. House and U.S. Senate. The electi...

Nov 9, 2016 | Post-General Election Outlook

Yesterday was an eventful 2016 General Election Day with federal and state races spanning the President, U.S. Senate, U.S. House, Ohio Supreme Court, and Ohio General Assembly.  Below are the outcomes of the races.  Presidential Donald J. Trum...

Nov 7, 2016 | Ohio Supreme Court Rules in Landowner Royalty Case

In a closely watched and long-awaited case with potentially sweeping industry-wide consequences, the Supreme Court of Ohio refused to adopt a default rule regarding deduction of postproduction costs from landowner royalties in Ohio.   In the case...

Oct 10, 2016 | Tech Companies and M&A Trends

One of this year’s top trends in the mergers and acquisitions arena has been the pursuit of technology companies by private equity. At the end of the first half of 2016, tech companies accounted for 46% of all U.S. buyouts, the highest level it had b...

Sep 27, 2016 | Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority

Thomas P. Wert, Certified Circuit Civil Court Mediator and Board Certified Construction Attorney [1] In my mediation experience, the requirements of Rule 1.720 (e), Florida Rules of Civil Procedure, are sometimes ignored by parties. Rule 1.720 (...

Sep 27, 2016 | Significant Victory for Trucking Company in Admitted Negligence Case

Randy Moore and Chris Cotter, members of the Roetzel & Andress litigation team, obtained summary judgment for a national trucking company in a case in which the trucking company’s driver rear-ended another vehicle and the negligence of its driver was...

Sep 19, 2016 | Pipeline Companies Win Key Battles in War for Eminent Domain Rights

On September 12, 2016, Ohio’s Ninth District Court of Appeals in Akron decided the case of Nexus Gas Transmission, LLC v. Donald R. Houston, et al., holding that Nexus Gas Transmission, LLC (“Nexus”) has a statutory right of entry for the purpose of...

Sep 19, 2016 | Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases

In a long awaited ruling issued last week, the Supreme Court of Ohio held that a surface owner could only bring a claim for abandonment of a severed mineral interest under the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”) before June 30,...

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