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Jan 31, 2022 | Ohio Appellate Court Further Clarifies 'Reasonable Diligence' Standard Under the Dormant Mineral Act

On November 18, 2021, in another significant case involving surface owners who were attempting to abandon severed mineral interests under the Dormant Mineral Act, R.C. § 5301.56, et seq. (“DMA”), the Seventh District Court of Appeals issued its opini...

Jan 26, 2022 | Don't Let the 'No Surprises Act' Catch You by Surprise

As of January 1, 2022, certain provisions of the “Consolidated Appropriations Act,” commonly referred to as the “No Surprises Act” (Act), are in effect. The Act amends the Public Health Service Act, Employee Retirement Income Security Act, the Intern...

Jan 13, 2022 | U.S. Supreme Court Shoots Down COVID-19 Shot-or-Test Rule

The U.S. Supreme Court has blocked the Occupational Safety and Health Administration’s emergency “vaccine-or-test” rule mandating private employers with 100 or more employees to institute a policy requiring their employees to be vaccinated against CO...

Jan 12, 2022 | Ohio Supreme Court Rules State Legislative Districts Unconstitutional

The Ohio Supreme Court struck down the recently adopted state legislative maps in a 4-3 decision announced late this afternoon.  The Court has ordered the Ohio Redistricting Commission to reconvene and adopt new maps.  Given the looming election f...

Jan 10, 2022 | 22 Affirmative Defenses for 2022

As we say hello to a new year, let’s review 22 of the most common Affirmative Defense available to you under Ohio law. Most cases that we defend involve at least one, and usually more than one, of these defenses. Often the best avenue for summary jud...

Dec 29, 2021 | COVID-19 Update: The CDC Issues New Isolation Guidance

On December 27, 2021, the CDC shortened its recommended isolation and quarantine periods for those infected with, or exposed to, COVID-19. Because the CDC’s Isolation Guidance is incorporated by reference into OSHA’s vaccination or test rule, larger...

Dec 22, 2021 | Third-Party Releases Are Not Consistent with Bankruptcy Code: Creditors Can Still Maintain Direct Claims

A federal district court judge in New York has vacated a bankruptcy court’s confirmation of the controversial Chapter 11 plan of Purdue Pharma, LP. The reorganization of Purdue Pharma sought to provide a release of all third party claims against the...

Dec 20, 2021 | Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule

On Friday, the Sixth Circuit Court of Appeals lifted the stay on OSHA’s vaccine-or-test rule for employers with 100 or more employees. In response, OSHA posted a brief statement on its website stating that large employers should have compliant polici...

Dec 15, 2021 | Sub. House Bill 126: Danger of Potential New Law to Prevent School Districts Ability to Challenge Property Tax Valuations

On December 15, 2021, the Ohio Senate passed its version of House Bill 126 (which proposed to modify the procedure when a school district challenges a property tax valuation). Instead of merely modifying the procedure to challenge a property tax valu...

Dec 10, 2021 | Ohio Votes to Legalize Sports Betting

Ohio lawmakers have reached an agreement that will legalize sports betting for those 21 and older. House Bill 29, which was passed by the Ohio House of Representatives and Senate on December 8 and is expected to be signed into law by Governor DeWine...

Dec 6, 2021 | Ohio SB 229 Gives School Districts Flexibility for Alternative Learning Models

The General Assembly is again acting to provide schools (defined as school districts, chartered nonpublic schools, community schools and STEM schools) with additional flexibility to provide alternative learning models during the pandemic. Passage of...

Dec 1, 2021 | Federal Courts Block the Federal Contractor and Healthcare Worker Vaccine Mandates for Certain States (Including Ohio)

Yesterday, a federal judge in Kentucky issued a preliminary injunction blocking the Biden Administration’s COVID-19 vaccine mandate for federal contractors in Kentucky, Ohio and Tennessee, and a federal judge in Louisiana blocked the healthcare worke...

Nov 19, 2021 | House Passes Build Back Better Act

By: Julianna Moyer & Galen L. Schuerlein Early Friday morning, the U.S. House of Representatives approved President Biden’s sweeping social and climate spending proposal known as the Build Back Better Framework. Key provisions in the approximately...

Nov 17, 2021 | The Sixth Circuit Court of Appeals Will Hear the Court Challenge to OSHA’s Vax-or-Test Rule

Yesterday afternoon, the Sixth Circuit Court of Appeals was selected to determine the fate of OSHA’s “vaccine or test” rule for large employers. The Court will decide whether or not the rule, adopted as an emergency temporary standard, is a valid exe...

Nov 8, 2021 | H.R. 3684: Infrastructure Investment and Jobs Act

On November 5, the U.S. House of Representatives approved a $1.2 trillion infrastructure spending bill that will make historic investments in core infrastructure priorities including roads and bridges, rail, transit, ports, airports, the electric gri...

Nov 5, 2021 | OSHA Issues COVID-19 Vaccination Rule: What Employers Need to Know

Yesterday, OSHA released its emergency COVID-19 vaccination rule. Under the rule, employers with over 100 employees must implement a policy by December 5th requiring all employees to either be vaccinated or to undergo regular COVID-19 testing and wea...

Oct 26, 2021 | Ohio Department of Health Issues New COVID-19 Quarantine Guidance for Schools

On Monday, October 25, the Ohio Department of Health ("ODH”) held a press conference to update COVID-19 school quarantine guidance that aims to keep asymptomatic children at school. This update comes after 10 schools in Warren County adopted a pilot ...

Oct 13, 2021 | What is a ‘Quick Take’ in Eminent Domain Law?

By and large, the default for eminent domain cases is paid compensation before a property is taken, and after a court has reached a verdict about the value of that compensation. However, there is one common ‘exception’ to this rule, known as “quick t...

Oct 11, 2021 | Ohio Court Reaffirms Employer’s Right to Raise Voluntary Abandonment

In two separate rulings, Ohio courts reaffirmed an employer’s right to raise voluntary abandonment as an affirmative defense to an injured worker’s request for temporary total benefits. House Bill 81 (H.B. 81), signed into law by Governor DeWine in J...

Oct 11, 2021 | Ohio CDL Manuals Do Not Alter the Standard of Care for Truck Drivers

A recent opinion by an Ohio Federal Court rejects an argument frequently made by the plaintiffs’ bar in truck accident cases – that commercial truck drivers should be held to a higher standard of care because they are “professional drivers.” To make...

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