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Document(s) published by this organization: 12
Show: results per page Sort by:  | Ohio Supreme Court Rules that an UM Claim Is Not Barred Even Though Plaintiff Was Not Legally Entitled to Recover Damages from Tortfeasor
Randall M. Traub; Weston Hurd LLP;
Legal Alert/Article June 11, 2013, previously published on May 2013 In Marusa, et al. v. Erie Ins. Co., slip opinion 2013-Ohio-1957, decided on May 21, 2013, the Ohio Supreme Court clarified and distinguished its prior holding in Snyder v. Am. Fam. Ins. Co., 114 Ohio St.3d 239, 2007-Ohio-4004.
| | Amendments to the FMLA Become Effective
Timothy R. Obringer; Weston Hurd LLP;
Legal Alert/Article March 28, 2013, previously published on March 2013 On February 5, 2013, the Department of Labor (DOL) issued its final rule amending certain regulations related to the Family and Medical Leave Act ("FMLA"). As a result, those amendments became effective March 8, 2013. The amendments primarily seek to expand leave for military caregivers...
| | NLRB Update: The D.C. Court of Appeals Rules That President Obama's Recess Appointments to the NLRB Were Unconstitutional
Morris L. Hawk, Nancy A. Noall; Weston Hurd LLP;
Legal Alert/Article February 1, 2013, previously published on January 2013 On Friday, January 25, 2013, the D.C. Circuit Court of Appeals ruled that President Obama violated the U.S. Constitution when he made three "recess" appointments to the National Labor Relations Board on January 4, 2012. This means that for more than 12 months (since January 3, 2012), the...
| | NLRB Update: Tilting the Playing Field - The NLRB Issues Four Significant Decisions Favoring Unions and Employees
Morris L. Hawk; Weston Hurd LLP;
Legal Alert/Article February 1, 2013, previously published on January 2013 The National Labor Relations Board continues to demonstrate its willingness to "tilt the playing field" in favor of unions and employees. In December 2012, the Board issued four significant prounion/proemployee decisions, including one which overturns 50 years of Board precedent.
| | Ohio Supreme Court Closes Door on Workplace Intentional Tort Cases
Harry Sigmier; Weston Hurd LLP;
Legal Alert/Article December 20, 2012, previously published on December 2012 The Ohio Supreme Court has effectively ended 30 years of contentious workplace intentional tort litigation by its decision in Houdek v. ThyssenKrupp Materials N.A., Inc., 2010-Ohio-1694. Until 1982, Ohio employers could rely on constitutional and statutory immunity from civil tort liability, on...
| | Ohio Supreme Court Strictly Construes Workplace Intentional Tort Statute
Harry Sigmier; Weston Hurd LLP;
Legal Alert/Article November 29, 2012, previously published on November 2012 In a highly watched case, the Ohio Supreme Court narrowly interpreted the portion of Ohio's workplace intentional tort statute under which employers can be held liable if they remove safety guards from equipment. Hewitt v. L.E. Myers Co., 2012Ohio5317. Ohio Revised Code Section 2745.019 limits an...
| | Ohio Supreme Court Rules that Claims for Defective Construction Work or Workmanship are not Claims for Property Damage Caused by an Occurence Under a CGL Policy
John G. Farnan; Weston Hurd LLP;
Legal Alert/Article November 13, 2012, previously published on October 2012 In Westfield Insurance Company v. Custom Agri Systems, Inc., 2012Ohio4712, decided October 16, 2012, the Ohio Supreme Court finally, after years of litigation in the Ohio lower courts, definitively answered this question certified to it by the United States Court of Appeals for the Sixth Circuit:
| | Enforcing Employee Noncompete Agreements Post-Merger
Dana A. Rose; Weston Hurd LLP;
Legal Alert/Article November 2, 2012, previously published on October 2012 In June, 2012, the Ohio Supreme Court ruled that if a noncompete agreement of a company and its employee fails to contain language indicating it will apply to successors and assigns, that employee can leave and compete against the company into which his original employing company ultimately merges.
| | Temporary Homeless Housing Exempt from Ohio Landlord Tenant Act
Dana A. Rose; Weston Hurd LLP;
Legal Alert/Article August 31, 2012, previously published on August 2012 The Ohio Landlord Tenant Act generally applies to landlords and tenants in connection with residential housing and apartment units. Generally, the Landlord Tenant Act provides additional protection to tenants intended to prevent landlords from taking unfair legal advantage. In a recent Court of...
| | Social Media
Robert A. Poklar; Weston Hurd LLP;
Legal Alert/Article August 10, 2012, previously published on July 2012 As you know, in the past year, this author has written two articles regarding social media. Recently, I received a call from an attorney in another state asking advice on a problem where a salesperson was texting to potential customers. Some issues arose regarding the context of the texts....
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