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Roetzel Insights

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Showing 661 - 680 of 836 results

 Alert

June 26, 2015

U.S. Supreme Court Determines Constitutional Right to Same-Sex Marriage

In a 5 to 4 ruling, the U.S. Supreme Court held in Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al., No. 14-556, that there is a constitutional right to same-sex marriage. Specifically, the Court held that marriage is a fundam...

 Alert

June 26, 2015

Supreme Court Upholds Affordable Care Act Subsidies in King v. Burwell

The United States Supreme Court, in a 6-3 decision, has held that the Affordable Care Act, or ACA, authorizes federal tax credits for eligible Americans to help them purchase health insurance. The ruling upholds the controversial healthcare law, comm...

 Alert

June 26, 2015

Unanticipated Legislation Impacting Failing Schools and Collective Bargaining Rights

On June 25, 2015, the Ohio General Assembly passed House Bill No. 70, which included an amendment that would centralize power to a chief executive in academically distressed districts and diminish the authority of collective bargaining agreements bet...

 Alert

June 25, 2015

New Florida Law Regarding Post-Foreclosure Tenant Protections

Lenders in Florida should take note of new statutory protections for residential tenants, which may delay the lender’s ability to take possession following a foreclosure sale and effects a departure from common law. In the wake of the sunset of the f...

 Alert

June 24, 2015

2015 Community Association Legislation

The Florida Legislature has approved several bills affecting condominium, homeowners and cooperative associations. House Bill 643 became law on June 17th, House Bills 791 and 71 will become law on July 1st, and House Bill 87 will become law on Octobe...

 Alert

June 18, 2015

Ohio Supreme Court Issues First Opinion Interpreting the Dormant Mineral Act

A number of cases are currently pending before the Ohio Supreme Court addressing various issues relating to the Ohio Dormant Mineral Act, R.C. 5301.56 (“DMA”). In today’s unanimous opinion, Dodd v. Croskey, Sl. Op. No. 2015-Ohio-2362, the Court held...

 Alert

June 15, 2015

Developers Beware: A Contractor May Be Held to Be Duly Licensed Even If the Contractor's Qualifying Agent Does Not Approve the Permit or Supervise the Work!

Although a general contractor’s construction of a project, with inadequate supervision and a fraudulently issued permit, may get the contractor in hot water with the Construction Industry Licensing Board, it will not subject the contractor to treble...

 Alert

June 09, 2015

U.S. Supreme Court Says No to Lien Stripping in a Chapter 7 Bankruptcy

On June 2, 2015, the United States’ Supreme Court issued the opinion in the case of Bank of America v. Caulket, where the Court ruled that a Debtor whose home is ‘underwater’ cannot “Strip off” or void a junior lien when filing for Chapter 7 Bankrupt...

 Alert

June 04, 2015

Don't Muck Up Your Case by Failing to Gather and Present the Right Evidence

By Tom Wert, Board Certified Specialist – Construction Law On May 22, 2015, a Florida appellate court issued an opinion, which highlights the importance of gathering and presenting sufficient evidence to support claims, especially when bringing a...

 Alert

June 03, 2015

Ohio Supreme Court Accepts Review of Certified Question from Ohio Federal Court in Royalty Case

Today the Ohio Supreme Court accepted review of a certified question from the Northern District of Ohio federal court in a case that is significant to the oil and gas industry in Ohio. The accepted certified question is: “Does Ohio follow the ‘at the...

 Alert

June 02, 2015

Supreme Court Rules against Abercrombie In Religious Bias Suit

On June 1, 2015, the Supreme Court ruled in favor of the U.S. Equal Employment Opportunity Commission in its suit against Abercrombie & Fitch Stores Inc. for failure to hire applicant Samantha Elauf. The Supreme Court reversed a Tenth Circuit decisio...

 Alert

June 02, 2015

NLRB "Ambush Elections" Rule Upheld by Texas Court

This is for all the naysayers who have not heeded the warning that the NLRB’s Ambush Elections are real. For the companies that have not evaluated their workforce, their job description, or their emergency response plan for when they receive a petiti...

 Alert

May 27, 2015

Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay

By Tom Wert, Board Certified Specialist – Construction Law On May 8, 2015, a Florida appellate court held that § 95.11 (3) (c) Florida Statutes, which establishes the statute of repose in construction cases, clearly and unambiguously provides that...

 Alert

May 18, 2015

Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty

By Tom Wert, Board Certified Specialist – Construction Law Recently, a Florida appellate court weighed in on the kind of evidence necessary to prove loss of use damages on a construction project as a result of delays caused by an architect’s defec...

 Alert

May 15, 2015

Identity Theft through Breach of Third-Party Vendor Systems on the Rise

Many companies outsource portions of their business activity to outside vendors, including tasks such as payroll, mail-order or online purchasing, credit card processing, and a multitude of other functions. However, third-party vendors are an increas...

 Alert

May 06, 2015

FAA Launches Commercial Drone "Pathfinder" Program

In our February 16, 2015 client alert titled “FAA Proposes New Rules on Commercial Drones,” we noted that the Federal Aviation Administration (the “FAA”) had proposed rules requiring, among other things, that all commercial drones must fly within t...

 Alert

May 04, 2015

TransVantage Bankruptcy Leads to Multiple Lawsuits against Motor Carriers

A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period. The l...

 Alert

April 22, 2015

Equal Employment Opportunity Commission Issues Proposed Regulations on Wellness Programs and the Americans with Disabilities Act

Corporate wellness programs, which typically use financial or other incentives to encourage workers to participate in wellness programs, have surged in popularity over the last several years, spurred on by companies seeking ways to lower healthcare c...

 Alert

April 21, 2015

Department of Labor Proposed Fiduciary Rule Revises and Updates the Regulation of Investment Advice to Plans and IRAs

By David C. Strosnider On April 14, 2015, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“Notice”) that, if adopted, would have a significant impact on persons who provide “investment advice” to an employee benefit plan (“...

 Alert

April 08, 2015

FDIC Promotes a Risk-Based Approach for Banks

The FDIC recently provided guidance that encouraged financial institutions to take a risk-based approach in assessing individual customer relationships rather than declining to provide banking services to entire categories of customers, without regar...