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Alert | Public Law Alert
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...
Alert | Employment Services Alert
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...
Alert | Public Law Alert
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...
Alert | Employment Services Alert
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...
Alert | Education Law Alert
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 ...
Alert | Real Estate Alert
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...
Alert | Transportation Alert
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...
Alert | Employment Services Alert
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...
Alert | Real Estate Alert
Oct 5, 2021 | Can I Challenge the Authority of a Condemning Party in Ohio?
I regularly present on eminent domain, and one of the most common questions that came up this past year during live or remote presentations had to do with necessity determinations made by a condemning authority.  Basically, people today want to kn...
Alert | Employment Services Alert
Sep 29, 2021 | Kentucky Federal Court Allows Hospital to Proceed with Vaccination Policy for Employees
In what is likely to be just the first of many court challenges to private employer COVID-19 vaccination requirements, a United States District Court judge in Kentucky refused to stop a hospital from requiring its employees to receive the COVID-19 va...
Alert | Real Estate Alert
Sep 24, 2021 | What Do I Need to Know About Eminent Domain Compensation?
When an entity moves to ‘take’ land or property (via the power of eminent domain), all parties involved become entrenched in determinations of what constitutes adequate compensation.  This process is ultimately what a lot of U.S. eminent domain pr...
Alert | Real Estate Alert
Sep 14, 2021 | What Are the 3 Types of ‘Takings’ for Eminent Domain Cases in the US?
About to enter eminent domain proceedings? Chances are your case falls into one of the three main ‘taking’ categories defined by your state’s constitution.  3 Basic ‘Takings’ Categories for Eminent Domain Cases in the US If you don’t already kn...
Alert | Employment Services Alert
Sep 10, 2021 | President Biden Orders OSHA to Issue Rule Requiring Large Employers to Mandate That Employees Get Vaccinated For COVID-19 Or Undergo Weekly Testing
On September 9, 2021, President Biden directed OSHA to issue a rule requiring private sector employers with 100 or more employees to mandate that employees either get an approved COVID-19 vaccination or produce a negative test on a weekly basis. In a...
Alert | Education Law Alert
Sep 9, 2021 | School Bus Stop-Arm Camera Laws: Safety Takes a Front Seat as Ohio Kids Head Back to Class
by Patrick B. Healy Children are returning to in-person learning and legislatures across the nation are working to keep them safe while they travel between home and school. Following a tragic October 2018 accident where a motorist struck and kille...
Alert | Transportation Alert
Sep 8, 2021 | School Bus Stop-Arm Camera Laws: Safety Takes a Front Seat as Kids Head Back to Class
Children are returning to in-person learning and legislatures across Indiana, Kentucky, and Ohio are working to keep them safe while they travel between home and school. Following a tragic October 2018 accident where a motorist struck and killed thre...
Alert | Health Law Alert
Sep 7, 2021 | UPDATE: Illinois Governor Extends Mandatory Vaccination Deadlines for Health Care Workers
On September 3, 2021, Governor Pritzker revised his Order related to mandatory COVID-19 vaccination of health care workers (see Illinois Governor’s Order Mandates COVID-19 Vaccine for Health Care Workers, published August 30, 2021) to extend complian...
Alert | Estate Planning Alert
Sep 7, 2021 | What You Should Know About Proposed Estate Tax Law Changes
While there has been a lot of confusion about various estate tax law changes that are currently being proposed in Washington, below is a helpful summary of the tax proposals currently being considered and the implications it could have on you. Sen...
Alert | Health Law Alert
Sep 1, 2021 | Health Care Practice Check-Up: Are You Violating Stark Without Knowing It?
Anyone involved in the health care industry has heard of the Stark Law (Stark). Most people understand it to prohibit referrals of certain “designated health services” between persons or entities that have a compensation or investment/ownership relat...
Alert | Health Law Alert
Aug 30, 2021 | Illinois Governor’s Order Mandates COVID-19 Vaccine for Health Care Workers
On August 26, 2021, Governor Pritzker signed Executive Order No. 87 (Order) that, among other provisions, mandates that Illinois health care workers be vaccinated against COVID-19. To what health care workers does this Order apply? “Health care...
Alert | Real Estate Alert
Aug 27, 2021 | Public Use vs. Necessity | The Two Pillars of Eminent Domain
When we talk about eminent domain (ED) proceedings in the United States, it is important to split ED protocols into two main pillars; public use and necessity. While these two terms often go hand in hand – i.e. ED takings must be necessary and for pu...