Article

October 03, 2016

Court Ruling Favors Several Mineral Rights Owners

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October 2016

Construction Ethics? You Bet!

 Alert

September 27, 2016

Dismissal with Prejudice Too Severe a Sanction for Failure to File Mediation Certification of Authority

Thomas P. Wert, Certified Circuit Civil Court Mediator and Board Certified Construction Attorney [1] In my mediation experience, the requirements of Rule 1.720 (e), Florida Rules of Civil Procedure, are sometimes ignored by parties. Rule 1.720 (...

 Alert

September 27, 2016

Significant Victory for Trucking Company in Admitted Negligence Case

Randy Moore and Chris Cotter, members of the Roetzel & Andress litigation team, obtained summary judgment for a national trucking company in a case in which the trucking company’s driver rear-ended another vehicle and the negligence of its driver was...

 Alert

September 19, 2016

Pipeline Companies Win Key Battles in War for Eminent Domain Rights

On September 12, 2016, Ohio’s Ninth District Court of Appeals in Akron decided the case of Nexus Gas Transmission, LLC v. Donald R. Houston, et al., holding that Nexus Gas Transmission, LLC (“Nexus”) has a statutory right of entry for the purpose of...

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September 19, 2016

Ohio Supreme Court Rules in Ohio Dormant Mineral Act Cases

In a long awaited ruling issued last week, the Supreme Court of Ohio held that a surface owner could only bring a claim for abandonment of a severed mineral interest under the 1989 version of the Ohio Dormant Mineral Act (“1989 DMA”) before June 30,...

 Alert

September 19, 2016

A Roetzel Business Litigation Update

Ronald B. Lee and Chris Cotter, members of the Roetzel & Andress litigation team, received a defense verdict for a multi-national company with plants in Ohio on September 14, 2016, in the United States District Court for the Northern District of Ohio...

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September 19, 2016

Pokemon GO ... away?

 Article

September 19, 2016

Pokemon GO ... away?

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September 16, 2016

Pokemon GO ... away?

 Article

September 01, 2016

Nexus Pipeline Alternative Route Could Hit Stark and Wayne Counties with Force

Over the past month, hundreds of Wayne County, Stark County, and Medina County landowners received a package from the Federal Energy Regulatory Commission (or "FERC") informing them that they may be in the path of another large interstate pipeline pr...

 Article

August 05, 2016

School district's eminent domain plan may hinge on "necessity" definition

Dublin City School District made headlines recently with the announcement of its plan to use eminent domain to appropriate the former Verizon building on Emerald Parkway and convert the building into a nontraditional high school. The building was...

 Alert

August 04, 2016

With Business Contracts, Lost Profits (Not Lost Revenues) Are the Proper Measure of Damages

Thomas P. Wert, Board Certified Construction Attorney[1] In late June, the District Court of Appeal of Florida, Fourth District, reiterated that in a breach of contract case, lost revenue alone is typically an improper measure of damages. In...

 Alert

July 26, 2016

OSHA Delays Enforcement of New Rule's Anti-Retaliation Provisions

On July 13, 2016, the Occupational Safety and Health Administration (OSHA) announced it was delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule. Generally, the new rule requires large employers to elect...

 Alert

July 26, 2016

State Budget Schedule, Tax Changes Expected

Governor Kasich’s Administration recently provided guidance to state agencies regarding upcoming biennium budget requests that included a goal of encouraging Ohio’s economic competitiveness and job growth while restraining state spending. With...

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July 19, 2016

Lawyer. Volunteer. Kopp: Getting to know OSBA President Ron Kopp and his initiatives during his 2016-­17 term

It’s no surprise that Ron Kopp was elected President of the Ohio State Bar Association. He knew he wanted to be a lawyer since he was in government class when he was 13 and his teacher assigned the class to write a paper on what they wanted to be whe...

 Article

July 16, 2016

What consideration must Illinois employers give to ensure their restrictive covenants are enforced?

Illinois employers should generally be aware that postemployment* restrictive covenants are enforceable only where they are reasonable in geographic and temporal scope and necessary to protect a legitimate business interest. The restriction is reason...

 Article

July 2016

What Does it Mean When I See a Copyright on an Architect's Drawings?

Often we hear about an architect providing a copyright to its drawings. From a contractor’s perspective, what does this mean? Why does an architect copyright its drawings? COPYRIGHT ACT By way of background, in 1976, Congress enacted the Copyrigh...

 Article

July 14, 2016

The Hidden Costs of Crimes and Criminals: A Primer on Protecting Your Bottom Line and Your Customers

Unfortunately, criminal activity, both violent and nonviolent, is as pervasive in our society as it has ever been. The cause(s) of this epidemic, while certainly a hearty topic for debate, does not change the facts that crime and criminals do not...

 Alert

July 12, 2016

Ohio Medical Marijuana Law to Take Effect in September

Ohio’s new medical marijuana bill (HB 523) becomes effective on September 6, 2016. Passed by the Ohio General Assembly at the end of May and signed by Governor Kasich on June 6, the law makes Ohio the 25th state to pass a medical marijuana bill. The...