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Feb 22, 2016 | Court Reaffirms Damages Analysis in Construction Defect Cases

By:  Thomas P. Wert B.C.S.[1] On February 5, 2015, the Court of Appeals, Second District, reaffirmed the means by which courts determine damages for construction defect claims.  Gray v. Mark Hall Homes, Inc., 2016 WL 459436 (Fla. 2nd DCA Feb. 5, 2...

Feb 2, 2016 | Tax Exemption of Board-Owned Real Estate

On December 30, 2015, the Ohio Supreme Court issued a decision that signals a departure from how the Tax Commissioner of Ohio will treat real estate owned by a board of education regarding tax exemption applications.  Previously, board-owned real est...

Jan 22, 2016 | Ohio Supreme Court Rules on Beck Energy Lease Validity Cases

On January 21, 2016, the Ohio Supreme Court issued a decision affecting the minerals rights of hundreds of landowners in Monroe County who leased with Beck Energy:  State ex rel. Claugus Family Farm, L.P. v. Seventh Dist. Court of Appeals. The decisi...

Jan 8, 2016 | Insurer Not Engaging in a "Consumer Transaction"

Ohio Supreme Court holds estimates for car repairs by insurance companies are not subject to damages under the state’s Consumer Sales Practices Act After hitting a deer, Jerry Dillon (Dillon) and Nancy Dillon filed a claim with their insurer, Farm...

Dec 11, 2015 | It's Final: The Electronic Logging Device Rule Is Here

Yesterday, December 10, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced the adoption of a Final Rule requiring motor carriers to use electronic logging devices (ELDs) in commercial motor vehicles. There are four main elements...

Dec 8, 2015 | Congress Passes Multi-Year Surface Transportation Bill

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act (FAST Act), a five-year, $305 billion bill to fund the nation’s road and transit programs. The FAST Act is the first multi-year transportation bil...

Dec 2, 2015 | FDA Extends Comment Period on Proposed Rule Clarifying When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices or Combination Products

On September 25, 2015, the Food and Drug Administration (FDA) issued a proposed rule seeking to clarify the circumstances in which a product made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug,...

Dec 2, 2015 | Ohio Appeals Court Remands Case to Trial Court for Assessment of "Reasonableness" in Delay of Repairs to Well

In Dennison Bridge, Inc. v. Resource Energy, L.L.C., the Ohio Court of Appeals for the Seventh District found that the reasonableness of a delay in repairing a well created a question of fact in the termination of an oil and gas lease for non-product...

Dec 1, 2015 | Driver Coercion Rule is Final and Effective January 29, 2016

Yesterday, November 30, 2015, the Federal Motor Carrier Safety Administration (FMCSA) adopted regulations that prohibit motor carriers, shippers, receivers, and transportation intermediaries from coercing drivers to operate commercial motor vehicles...

Nov 18, 2015 | OSHA to Raise Fines for First Time in Quarter Century

For the first time since 1990, penalties for workplace safety violations have increased. The rise in fines, which would adjust for inflation over the past 25 years, were signed into law as part of the Bipartisan Budget Act of 2015, signed by Presiden...

Nov 13, 2015 | Court of Appeals Upholds Trial Court Decision in Ferguson v. State of Ohio

In March of this year, we advised that a Cuyahoga County (Cleveland, Ohio) Judge had ruled Ohio Revised Code 4123.512(D) unconstitutional. This Code section prohibits an injured worker from voluntarily dismissing an employer’s court appeal without th...

Oct 26, 2015 | Misuse of Public Funds for Levy Campaigns

Auditor Dave Yost’s Office announced results of a special audit on October 22, 2015, finding that a local school district in Delaware County engaged in the illegal use of public funds.  The district will be issued a finding for recovery based upon it...

Oct 23, 2015 | OSHA Prepares to Target Safety Incentive Programs

The Occupational Safety and Health Administration (OSHA) has announced that it will issue a final rule this fall that may make safety incentive programs, which reward employees for low accident levels, illegal. Such a rule was recently sent to the Of...

Oct 9, 2015 | Charter School Reform Bill Heads to Governor for Signature

Ohio House Bill 2 (HB2), the community school sponsorship and management reform bill, was passed by the Ohio General Assembly on Wednesday and is now headed to Governor Kasich for his signature.  This long-awaited bipartisan reform bill includes a nu...

Sep 28, 2015 | FDA Issues Proposed Rule Clarifying When Products Made or Derived From Tobacco Are Regulated as Drugs, Devices or Combination Products

The Food and Drug Administration (FDA) has issued a proposed rule seeking to clarify the circumstances in which a product made or derived from tobacco that is intended for human consumption will be subject to regulation as a drug, device, or a combin...

Sep 14, 2015 | Five Things You Can Do Today to Increase Information Security

Small healthcare organizations have very valuable data. In 2013, medical-related identify theft accounted for 43 percent of all identity thefts reported in the United States. And, according to some reports, healthcare data is up to 50 times more valu...

Sep 10, 2015 | Obama Orders Federal Contractors to Provide Paid Sick Leave

On September 7, 2015, Labor Day, President Barack Obama signed an executive order requiring federal contractors and subcontractors to provide paid sick leave for their employees. Contractors must provide employees one hour of paid leave for every 30...

Sep 4, 2015 | Third Circuit Upholds FTC Authority on Cybersecurity

On August 24, 2015, the Third Circuit released its long awaited opinion in Federal Trade Commission v. Wyndham Worldwide Corp., et al., Case No. 14-3514, and affirmed a District Court’s finding that the Federal Trade Commission (the “FTC”) has author...

Aug 28, 2015 | Long-Awaited Joint Employer Decision Issued by NLRB

We have warned you several times that the National Labor Relations Board was going to change the definition of joint employer to the detriment of Companies. Yesterday our fear came true. In fact, two Board members said this was “the most sweeping of...

Aug 24, 2015 | FDA Extends Comment Period on ANPRM Regarding Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, E-Liquids and Novel Tobacco Products

As Roetzel & Andress reported in July, the Food and Drug Administration (FDA) issued an advance notice of proposed rulemaking (ANPRM) seeking comments, data, research results, or other information to inform the agency’s thinking about options for iss...

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