Alert

January 06, 2021

The Eleventh Circuit Decides that Chapter 11 Debtors in Possession Cannot Receive Loans Under the Paycheck Protection Program (“PPP”)

As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow roll out of the COVID-19 vac...

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January 05, 2021

The Ohio Supreme Court Holds Driving On but Not Over the Highway Fog Line Is Not a Violation of Ohio Law

In a decision interpreting an Ohio traffic statute concerning highway driving, the Ohio Supreme Court recently held that the single solid white longitudinal line on the right-hand edge of a roadway – the fog line – merely discourages or prohibits a d...

 Article

January 04, 2021

Eyeing the future: E/M will disrupt, the PHE will end, telehealth will stay

Christina Kuta is quoted in an article discussing nine predictions of events and trends that will affect medical practices in 2021 in the January issue of PartB News.      

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January 04, 2021

The New Year Brings a More Relaxed, Pro-Business Summary-Judgment Standard

In the waning hours of 2020, the Florida Supreme Court changed Florida’s summary-judgment standard by adopting the much more relaxed federal standard. Although the change does not take effect until May 2021–and even then Florida judges may initially...

 Article

2021

A Chance to Save Lives: A Guide for How and Why the US Should Mandate Vaccines for Children and Limit State Exemption Laws

 Article

January 2021

New Year, New Appellate Rules

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December 31, 2020

Congress Passes COVID-Related Tax Relief

On December 27, 2020, the President signed the Consolidated Appropriations Act, 2021 (“Act”). Within the Act’s 5,593 pages are two separate Acts that provide credits and other tax relief to taxpayers affected by the coronavirus: the “COVID-related Ta...

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December 30, 2020

Payroll Protection Act Provisions of the Recently Signed COVID-Related Tax Relief Legislation

On Sunday, December 27, 2020, the President signed into law the Consolidated Appropriations Act, 2021 (“Act”). Within the Act there are a number of provisions that affect current and future Payroll Protection Program (“PPP”) loan provisions that we h...

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December 23, 2020

SolarWinds Breach – Is My City, County, School District at Risk?

On December 13, 2020 the U.S. Department of Homeland Security announced that a compromise of U.S. government systems was associated with the malicious exploit of the IT service management tool SolarWinds Orion. The announcement was made public in DHS...

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December 23, 2020

New COVID-19 Relief Bill Does Not Require Employers to Provide Paid Leave in the New Year

On the evening of December 21, Congress passed a $900 billion COVID-19 relief bill, which is awaiting the signature of President Trump. As the new legislation does not extend the emergency paid sick leave and extended paid caregiver leave requirement...

 Article

December 22, 2020

2020 Group Practice Stark Law Changes

"On December 2, 2020, some newly finalized changes to the Stark law took effect. As many physicians are aware, the Stark law generally prohibits physicians from referring a Medicare or Medicaid patient to an entity in which the referring physician (o...

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December 22, 2020

Can an Ohio Jury Award $0 for Pain and Suffering Even When It Finds That Plaintiff Was Injured? It Depends.

Non-economic damages for pain and suffering are a source of constant consternation for Ohio courts because of their intangible properties and unquantifiable characteristics, which is why the subject is normally left for juries to determine. But like...

 Article

December 21, 2020

Paid Physician Speaker Programs for Drugs and Devices Under Scrutiny by OIG

"Many physicians are paid to serve as speakers on behalf of drug or device companies. The type of compensation paid to physicians for such activities can vary, but according to the Office of Inspector General of the Department of Health and Human Ser...

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December 18, 2020

EEOC Releases Guidance About COVID-19 Vaccine

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) released guidance relative to the COVID-19 vaccine and an employer’s obligations with respect to the vaccine under the Americans with Disabilities Act (ADA), Title VII, and the...

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December 17, 2020

Ohio Supreme Court Adopts “Reasonable Diligence” Standard for Surface Owners Seeking to Abandon Severed Mineral Interests Under the Dormant Mineral Act

On December 17, 2020, in yet another significant case involving severed mineral interests, the Supreme Court of Ohio issued its opinion in Gerrity v. Chervenak, 2020-Ohio-6705.  In a unanimous decision to affirm, the Court held that surface owners wh...

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December 15, 2020

The Supreme Court of Ohio Disqualifies a Trial Court Judge for Failure to Implement COVID-19 Safety Measures

“During this public-health emergency, a judge’s priority must be the health and safety of court employees, trial participants, jurors, and members of the public entering the courthouse”  - Supreme Court of Ohio An Ohio attorney recently sought to...

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December 11, 2020

Ohio Unveils New Data Website as Part of a Transparency Initiative

Lt. Gov. Jon Husted rolled out DataOhio, fulfilling Gov. Mike DeWine’s campaign pledge to provide open, secure access to data to the public, media and policy makers. The technology platform, found at data.ohio.gov, will display datasets, facilitate r...

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December 10, 2020

Ohio Supreme Court Clarifies a Plaintiff’s Burden in Negligent Hiring, Retention, and Supervision Cases

In addition to statutory claims that employees may bring against their employers, there are a group of common law claims that are also available. It is not unusual, in a harassment or discrimination case, to also see claims for negligent hiring, supe...

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December 02, 2020

Ohio Supreme Court Rules That the Marketable Title Act Is Applicable to Severed Mineral Interests

In a closely-watched case that carried potentially drastic consequences, on December 2, 2020, the Supreme Court of Ohio issued its decision in West v. Bode, 2020-Ohio-5473.  In a close 4-3 decision, the Court held that there is no “irreconcilable con...

 Article

December 2020

Online Ratings Pose Risk of Defamation, May Need Response

"The risk of defamation increases with the proliferation of online rating services in the medical industry..." to read the full article, click HERE.