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Apr 21, 2022 | Court Rejects Use of Eminent Domain for Recreational Trail

There has been a major development in the ongoing legal fight over the ability of the Mill Creek Metropolitan Park District in Mahoning County to condemn private property for its bikeway project.  While previous efforts to stop the bikeway focused...

Apr 14, 2022 | U.S. Supreme Court Expands Definition of What Constitutes a Physical Taking

In a boon to property owners, the U.S. Supreme Court recently expanded the definition of what constitutes a physical taking (one that takes possession of property away from its owner) by including what many practitioners would have classified as a po...

Apr 1, 2022 | What is “Reasonable Diligence” Under the DMA? The Ohio Supreme Court Offers More Guidance to Landowners

On March 24, 2022, the Ohio Supreme Court reviewed the Ohio Dormant Mineral Act and further clarified the steps a surface owners must take to identify and locate mineral holders before serving notice of abandonment.  In Fonzi v. Brown, Slip Opinio...

Mar 31, 2022 | The X Box: EEOC Announces Addition of Nonbinary Gender Option to Discrimination Charge

In recognition of Transgender Day of Visibility, today, the EEOC announced that it would be providing members of the LGBTQI+ community the option to select a nonbinary “X” gender marker when completing the voluntary self-identification questions that...

Mar 29, 2022 | “Permanent and Substantial Deformity”: What it Means and How it is Interpreted Regarding the Application of the Statutory Cap on Noneconomic Damages

Ohio law caps damages that can be awarded for pain and suffering (i.e., noneconomic damages) up to $350,000 in tort claims unless a plaintiff can establish that she: (1) sustained a permanent and substantial physical deformity; (2) lost the use of a...

Mar 7, 2022 | One Less Way for Ohio Landowners to Challenge Royalty Severances

On February 15, 2022, the Ohio Supreme Court issued a significant decision in Peppertree Farms, L.L.C. v. Thonen establishing that, unless expressly stated otherwise, an oil and gas royalty interest retained in a deed executed prior to 1925 is not li...

Mar 3, 2022 | U.S. Supreme Court Holds That Private Company Can Exercise Federal Condemnation Authority Over State-Owned Land

The U.S. Supreme Court shocked many observers with its recent decision in PennEast Pipeline Co. v. New Jersey by holding that sovereign immunity does not insulate State-owned land from being condemned by a private company in a federal lawsuit.   In...

Feb 16, 2022 | Broadband Access Ohio Formed to Promote High-Speed Internet Across Ohio

A new association established to promote communities' role in broadband access officially launched this morning. Broadband Access Ohio will advocate for access to high-speed, secure internet across the state.   Communities across the state have st...

Feb 15, 2022 | Minor Settlements in Ohio

In an ever-changing legal environment, one thing has always remained true – minor settlements in Ohio require Probate approval, no matter how small. The process may seem daunting, but ultimately there are only three primary steps: (1) preparing and s...

Feb 11, 2022 | The Return of Virtual Open Meetings

The virtual public meeting option available last year because of the COVID-19 pandemic will return with the recent passage of Sub HB 51.  The Ohio Open Meetings Act requires public bodies, including Boards of Education, municipalities and other publi...

Feb 9, 2022 | Vaccine Mandates are Here…Will They Impact Your Practice?

By Christina M. Kuta & Delaney Perl On November 5, 2021, the Secretary of Health and Human Services issued an Interim Final Rule that amended the conditions of participation in Medicare and Medicaid to require certain providers and suppliers to en...

Feb 2, 2022 | The Infrastructure Investment and Jobs Act Will Increase Eminent Domain Activity—Get Ready

After much debate, President Joe Biden signed into law the $1.2 trillion bipartisan Infrastructure Investment and Jobs Act last November. The Act provides for $550 billion in new federal spending in infrastructure. The Problem of Unprepared Busine...

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...

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